New Delhi: The National Company Law Tribunal (NCLT) is facing 16 vacancies among judicial and technical members, a shortage of permanent administrative staff across multiple locations, and concerns over the safety of its Delhi premises, according to an additional affidavit filed by the NCLT Bar Association before the Supreme Court.
The affidavit, filed on 27 October, says only 13 of the tribunal’s 31 courts operate for a full day, while 18 hold half-day sittings.
It lists 16 vacancies among judicial and technical members and says 253 of 320 sanctioned regular administrative posts remain vacant.
The NCLT Bar Association, represented by senior advocate Sanjeev Sen, says these gaps limit the tribunal’s capacity to hear cases.
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A tribunal short of members
The NCLT Bar Association’s affidavit lists five judicial and technical member vacancies in Mumbai and four in New Delhi. Hyderabad and Chandigarh have two each, while Kochi, Cuttack and Kolkata have one each. It also flags impending retirements, warning that the shortfall could widen if replacements are not appointed in time.
The NCLT’s sanctioned strength is 63: one president, 31 judicial members and 31 technical members. The NCLT Bar Association argues that this is inadequate given the tribunal’s additional responsibilities under the Insolvency and Bankruptcy Code (IBC).
It proposes increasing the strength to 121, comprising 60 judicial members, 60 technical members and one president. It also recommends planning appointments before retirements and changing members’ age and tenure provisions.
The NCLT Bar Association’s affidavit says that only 67 employees are in position against 320 sanctioned regular administrative posts, leaving 253 vacancies. Separately, 678 contractual personnel are working against a sanctioned contractual strength of 798. The Association says reliance on contractual staff affects continuity and institutional memory.
It seeks implementation of the Supreme Court’s 2015 judgment in Madras Bar Association v. Union of India and asks the Ministry of Corporate Affairs to finalise recruitment rules.
Structural damage at Delhi premises
The affidavit identifies the NCLT premises at Block 3 of the CGO Complex in New Delhi as an immediate concern. It relies on a September inspection report by the CSIR-Central Building Research Institute (CBRI), Roorkee, which found serious deterioration in the terrace slab and structural reinforcement.
According to the affidavit, reinforcement in columns and beams had corroded by more than 30 percent and was completely lost at several locations.
The report recommended dismantling and recasting the affected slab. The Central Public Works Department (CPWD) sought that the seventh floor, where two courts were functioning, be vacated. The NCLT then revised sittings at the Principal Bench and New Delhi benches to half days from 8 October. Photographs attached to the affidavit show corroded reinforcement and damaged facilities.
The NCLT Bar Association says limited courtroom space has forced benches to share facilities. It seeks a purpose-built building near the Delhi High Court and Supreme Court, and flags deficiencies at benches in Mumbai, Jaipur, Cuttack, Allahabad, Amravati, Guwahati and Indore.
In a separate affidavit, the Ministry of Corporate Affairs told the court it had delegated full financial powers to the NCLT and the National Company Law Appellate Tribunal (NCLAT) for office expenses and minor civil and electrical works. It listed combined allocations of Rs 119.3 crore over three financial years, from 2024-25 to 2026-27.
The ministry said the CPWD was undertaking an Rs 18.19-crore upgrade of the NCLT Principal Bench in Block 3, covering about 43,000 square feet. After concerns over delays, it asked the CPWD to expedite the work. Renovation is underway on the eighth floor.
Efforts to find a separate building in Delhi continue, the ministry said. A preferred plot in the CGO Complex was unavailable because it was designated green space, while other sites were found unsuitable because of layout constraints or distance. The ministry said it is exploring MTNL and BSNL properties. In the interim, the NCLT has hired about 14,000 square feet in the MTNL building on Lodhi Road.
Concerns over infrastructure were also raised during Thursday’s Supreme Court hearing.
Court seeks proposals
Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana questioned the Ministry of Corporate Affairs’ control over staff appointments, observing that the NCLT’s administration had been “completely hijacked” by the ministry and that this impinged on its autonomy.
The bench asked the presidents of the NCLT and NCLAT to submit proposals on addressing staffing shortages within four weeks. It also asked the Centre to provide basic amenities at the earliest. The NCLT was asked to consider appointing a Deputy Registrar or Joint Registrar at every bench to maintain judicial records.
The ministry’s status report details funding and building work but does not address the vacancies listed in the affidavit. The tribunal presidents must now set out their requirements for land, buildings and staff, the court said.
Aditya Edara is an alum of ThePrint School of Journalism, currently interning with ThePrint.
(Edited by Amrtansh Arora)
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