The Court noted that out of the 23 members scheduled to retire from various benches of the NCLT, the Centre had extended the tenure of 2 judicial and 6 technical members to 5 years.
The Centre stated that it granted a two-year extension to only eight of the 23 members because the remaining 15 failed to meet the criteria of good character, antecedents, work performance and suitability.
The Centre had stated that the bar association’s petition was not maintainable as the affected persons had consciously accepted the tenure prescribed in their appointment orders of September 2019 by choosing not to initiate any proceedings.
The Court accepted the same and turned down the plea.