Describing the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT) as the Government’s “lifeline”, the Supreme Court on Monday expressed serious concern over vacancies and lack of proper infrastructure at NCLT Benches across India.“They are the Government’s lifeline now… All nationalised banks, banking sector, and all infrastructure projects are also matters of examination before these tribunals only… How will the tribunals function if there is no infrastructure? Every day they deal with issues involving thousands of crores of rupees…,” a Bench led by Chief Justice of India Surya Kant said.The Bench directed the Centre to file a status report listing the basic amenities available at the NCLT Principal Bench and Regional Benches and identify, in consultation with the President of the NCLT, the amenities urgently needed.It also asked the NCLT Principal Bench Bar Association to collect data regarding infrastructure available at all regional NCLT Benches and place the same before it in a tabulated form and posted the matter for further hearing after two weeks.The top court was hearing a suo motu matter on appointment of judicial and technical members and inadequate infrastructure at the NCLT.The Association has intervened in the matter to highlight shortage of members, inadequate physical and technological infrastructure as also the absence of permanent support staff at NCLT Benches.At least 18 NCLT Benches were holding only half-day sittings under the roster effective from August 24 due to vacancies following retirement of members, the Association alleged.“The infrastructure is in shambles. I have highlighted four major broad issues to be addressed at the earliest…. Today in the principal bench, all benches are forced to sit half day, all benches! And across the country, this is the problem. Within the next one year there will be 18 more vacancies because members are retiring,” senior counsel Sanjiv Sen submitted on behalf of the Association.Sen urged the top court to allow retiring members to continue until vacancies were filled.The sanctioned strength of the NCLT remained 63 despite the substantial expansion of its jurisdiction after the coming into force of the Insolvency and Bankruptcy Code (IBC) in May 2016, Association submitted.As on June 30, 2026, the tribunal had 26 judicial members and 25 technical members, including the President.


