SC to examine NCLT bar association's locus to challenge Centre's notification

The Supreme Court Monday said that it would examine the locus standi of the National Company Law Tribunal Association in challenging the Centre's notification fixing the tenure of 23 tribunal members appointed in 2019 as three years. A vacation bench of Justices CT Ravikumar and Sudhanshu Dhulia deferred the hearing of the plea filed by the bar association after the vacation and said that it would like to examine its locus standi of it on the issue.

It said that none of the members, who accepted the appointments in the tribunal based on the 3-years-term have come forward to challenge the notification.

The bench said that whether the members can continue beyond the term of three years will be decided if the issue of locus of petitioner association is decided in its favour.


The bench posted the matter for further hearing on July 20.

The Association has challenged the notification issued by the Ministry of Corporate Affairs on September 20, 2019, under which the term of members of the tribunals was fixed as three years or till the age of 65 years.