NCLT Advocates Bar Association & Ors. Vs Union of India & Ors. (Calcutta High Court)
The Calcutta High Court, in a recent judgment, dismissed an appeal filed by the NCLT Advocates Bar Association, Kolkata bench, challenging a Single Judge’s order related to facilities at the tribunal and the proposed relocation of the bench by the Ministry of Corporate Affairs (MCA). The division bench’s decision underscores the principle of judicial restraint in matters deemed to fall within the executive’s administrative and policy domain, while also directing the Ministry of Law and Justice to consider a future shift for the tribunal to uphold its autonomy.
The dispute originated with the NCLT Advocates Bar Association filing a writ petition before a Single Judge of the High Court. The association contended that its members practicing before the National Company Law Tribunal’s Kolkata Bench were being denied essential basic facilities, including chambers, seating arrangements, and washrooms, despite repeated representations to the concerned authorities, including the Union of India. Beyond the lack of amenities, a significant point of contention raised by the association was the MCA’s proposal to shift the NCLT Kolkata Bench from its current location to the newly constructed Corporate Bhawan in New Town. The association argued that this proposed move was arbitrary, lacked transparency, and was devoid of cogent reasons. Their primary concern was that housing the Tribunal alongside various executive offices under the MCA – such as the Regional Director, Registrar of Companies, Official Liquidator, and Serious Fraud Investigation Office – would undermine the fundamental doctrine of separation of powers and compromise the independence of the judiciary, thereby violating the constitutional mandate enshrined in Article 50 of the Constitution of India.
