BJD MP Sasmit Patra urges urgent strengthening of NCLT/NCLAT infrastructure and institutional capacity
New Delhi, May 18
Biju Janata Dal Rajya Sabha MP Sasmit Patra on Monday has written to the Minister of State for Corporate Affairs, Harsh Malhotra, urging immediate measures to strengthen the infrastructure and institutional capacity of the National Company Law Tribunal and the National Company Law Appellate Tribunal.
In his letter, Patra highlighted the growing importance of the NCLT/NCLAT ecosystem as a central pillar of India's economic and insolvency framework, while drawing attention to the difficult circumstances under which these institutions continue to function.
Referring to reports of a power outage earlier today at the NCLT Principal Bench at the CGO Complex, Lodhi Road, New Delhi, which allegedly disrupted court proceedings due to inadequate backup support, Dr. Patra stated that such incidents underscore the need for a broader institutional review of tribunal infrastructure across the country.
He further pointed out that during the monsoon last year, courtrooms at the CGO Complex were reportedly flooded, compelling courts to function in shared courtrooms and half-day shifts. The letter also notes that Judicial and Technical Members continue to discharge responsibilities from constrained spaces within temporary and rented premises, while the NCLAT continues to function from rented MTNL premises.
Despite these infrastructural and administrative constraints, Dr. Patra noted that the NCLT has evolved from a Company Law Tribunal into the backbone of India's insolvency framework, delivering significant economic outcomes under mounting judicial workloads and limited institutional support.
In his communication, Patra urged the Ministry of Corporate Affairs to consider urgent measures including the development of permanent and modern infrastructure for NCLT/NCLAT benches, ensuring uninterrupted courtroom operations and power backup facilities, augmentation of bench strength and permanent staffing, improved institutional support for Judicial and Technical Members; and review of the compulsory three-year rotation policy to promote continuity and specialisation.
Patra emphasised that institutions entrusted with responsibilities of such economic significance deserve commensurate institutional support and recognition.
"The NCLT and its Members deserve institutional support and recognition while functioning under extraordinarily difficult circumstances," he stated.
— ANI
Reader Comments
This is the kind of practical governance we need. NCLT is literally the backbone of IBC and if the benches don't have proper infrastructure, how will they deliver justice? My cousin is a lawyer arguing cases there and he says the situation is worse than what's reported. Kudos to Sasmit Patra for writing about power cuts and floods! 👏
This is true but I think we need more than just infrastructure. The three-year rotation policy for members needs review - just when a member gains expertise, they're moved out. Also, pending cases keep piling up. We need more benches in smaller cities too, not just Delhi and Mumbai.
The NCLT has become so critical for our economy - banks recover bad loans, companies get resolved... but the people working there are treated like second-class employees. Rented MTNL premises for NCLAT? Shameful. The government should allocate proper funds in the next budget.
Not just Indian problem - tribunals everywhere struggle with resources. But given India's ambition to be a global investment destination, this is a legitimate concern. The IBC process is world-class but the infrastructure is still stuck in the 90s. Hope the minister responds positively.
Why does this not surprise me? Our institutions are always expected to deliver world-class results with third-class facilities. NCLT handles cases worth thousands of crores but can't afford proper backup power? The irony is painful. 🙃
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