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D. Y. CHANDRACHUD, BELA M. TRIVEDI
National Company Law Tribunal Bar Association – Appellant
Versus
Union of India – Respondent
ORDER
1. We have heard Mr Maninder Singh and Mr Sanjiv Sen, senior counsel appearing on behalf of the petitioners. Mr Tushar Mehta, Solicitor General, appears on behalf of the Union Government.
2. The Solicitor General has submitted that the Committee chaired by Hon'ble the Chief Justice of India and consisting of Hon'ble Mr Justice Surya Kant and the Secretary, Ministry of Corporate Affairs held its meeting on 20 April 2022 where the question regarding the tenure of the twenty three members of the National Company Law Tribunal of the 2019 batch has been deliberated upon. Since the term of one of the members of that batch is to come to an end on 20 June 2022, the Solicitor General has requested the Court to place these proceedings on 15 June 2022 since the Committee is seized of the issue.
3. Mr Maninder Singh has submitted that the term of all the members of the 2019 batch, in any event, would come to an end of 3 July 2022 though the contention of the petitioners is that the term should legitimately be for a period of five years.
4. List the proceedings on 15 June 2022.
5. We request the Solicitor General to apprise the Court of the developments which have taken place in the meantime.
Courts will not entertain pleas for extension of tenures when members have accepted initial appointments and when such extension would interfere with ongoing selection processes.
The National Green Tribunal must maintain the requisite number of judicial members to function effectively, as per statutory provisions.
The selection of NCLAT Technical Members must adhere to statutory qualifications, and courts cannot substitute the decisions of expert committees unless serious misconduct is alleged.
The central legal point established in the judgment is the need for an independent National Tribunals Commission to oversee the administrative and infrastructural needs of tribunals, ensuring judicia....
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