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PRATHIBA M. SINGH
R. Subramanian – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Prathiba M. Singh, J. - This hearing has been done through video conferencing.
2. The present petition has been filed by the Petitioner, who is a practising advocate, seeking various reliefs in respect of the functioning of the NCLT and for constitution/appointment of various benches of the NCLT.
3. The submission of the Petitioner is that NCLT benches are to be constituted and set up in all States and at this point there are only 19 judicial members and 22 technical members. Despite the heavy load of cases, the appointments to the NCLT and NCLAT are considerably delayed.
4. Mr. Harish Vaidyanathan, ld. Counsel appearing for the Respondents takes a preliminary objection that issues raised in this petition are fully covered by the judgment of the Supreme Court in Madras Bar Association v. Union of India & Anr,2020 SCCOnlineSC 962. He specifically refers to paragraphs 13, 20, 26 and the concluding paragraphs where the Supreme Court has directed the formation of a 'National Tribunals Commission' to take care of the administrative and infrastructural needs of tribunals. While the said Commission is formed, as an interregnum measure, the Court has also provided for the setting up o
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....
Judicial independence and effective functioning of tribunals necessitate the establishment of a National Tribunals Commission for administrative support, as directed by prior Supreme Court judgments.
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.
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