The Supreme Court on September 21, 2026, raised serious concerns over inadequate infrastructure, staff shortages and vacancies affecting the functioning of the National Company Law Tribunal (NCLT). The Bench observed that tribunals handling disputes involving thousands of crores could not function effectively without basic facilities and adequate support.
The matter was heard by Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana in the suo motu proceedings concerning appointments and infrastructure at NCLT.
The NCLT Principal Bench Bar Association intervened in the proceedings and highlighted shortages of members, inadequate technological and physical infrastructure, and a lack of permanent support staff.
The Association submitted that at least 18 NCLT benches were conducting only half-day sittings because of vacancies and retirements. It also pointed to the tribunal’s sanctioned strength of 63 members despite the expansion of its jurisdiction following the Insolvency and Bankruptcy Code.
Senior Advocate Sanjiv Sen, appearing for the Association, also submitted that further vacancies were expected as members approached retirement.
The Bench questioned how the tribunal could discharge its functions without essential facilities.
"How will the institution function unless you provide the basic amenities? We don't have buildings, we don't have staff, we don't have judgment writers, we don't have proper, adequate technological inclusion. Thousands of crores of rupees issues are today arriving."
The Court also remarked that NCLT and NCLAT have become important institutions for matters concerning banks, businesses and infrastructure projects.
The Supreme Court directed the NCLT Principal Bench Bar Association to collect information on infrastructure available at regional NCLT benches and submit it in a tabulated form.
The Union Government was directed to file a status report on basic amenities at the principal and regional benches and identify, in consultation with the NCLT President, the facilities urgently required.
The matter was directed to be listed after two weeks.
