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Supreme Court flags autonomy concerns at NCLT and NCLAT tribunals

A bench headed by Chief Justice Surya Kant has raised serious concerns about the functioning and independence of the National Company Law Tribunal and Appellate Tribunal, citing staff recruitment issues and infrastructure deficiencies.

LSN India · 30 October 2026

Supreme Court flags autonomy concerns at NCLT and NCLAT tribunals

The Supreme Court has put the spotlight on governance and autonomy at the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT), with Chief Justice Surya Kant's bench expressing concerns about how the Ministry of Corporate Affairs exercises control over these quasi-judicial bodies. The court raised questions about the recruitment of staff, persistent vacancy positions, and inadequate infrastructure affecting the tribunals' ability to function effectively. The scrutiny comes as the Supreme Court examines whether the current oversight arrangements compromise the independence these tribunals require to adjudicate corporate disputes fairly. Staff shortages and resource constraints have long been flagged as impediments to timely case disposal at both the NCLT and NCLAT, which handle matters ranging from company mergers and acquisitions to insolvency proceedings. The Chief Justice's intervention signals judicial concern that administrative control by the corporate affairs ministry may need to be recalibrated to better protect institutional autonomy while addressing operational deficiencies. The bench's examination is expected to prompt government review of how these tribunals are resourced and governed to ensure they can discharge their mandate independently and efficiently.