Supreme Court Refuses To Entertain Former NCLAT Member's Plea Challenging Bar On Practice Before NCLT/NCLAT

The Supreme Court on Tuesday refused to entertain a writ petition filed by former National Company Law Appellate Tribunal (NCLAT) Technical Member Vijai Pratap Singh challenging the statutory bar preventing former tribunal members from practising before the National Company Law Tribunal (NCLT) and NCLAT.

Appearing in person, Singh questioned the rationale behind the restriction and suggested that a cooling-off period could be considered instead of a complete prohibition.

A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul M. Pancholi, however, expressed reservations, emphasising the need to preserve judicial independence and public confidence in the adjudicatory process.

"You cannot practice either before the NCLT or NCLAT. It is not a prohibition; it is a regulation made keeping in mind the high office you occupied and the dignity of your office. Very reasonable restriction on your right to practice," Justice Bagchi observed.

CJI Kant also stated that Singh has been a member of the highest company law tribunal and it is important to maintain the dignity and stature of his office. 

Justice Bagchi told Singh that while he would be welcome to argue before the Supreme Court, the issue was different when it came to appearing before the same specialised tribunal where he had previously served as a member.

Singh pointed out that earlier there was a complete prohibited for even high court judges which has been allowed. But Justice Bagchi remarked that the comparison is not appropriate. "The difference between high court and benches of NCLAT is that the latter is one judicial authority. It may have branches but retired high court judge can't say since I am posted in bench A, I will practice in bench B. He can practice in other high court. Similarly, you are a member of a judicial authority and not a member of a bench...The comparison you are making is not correct because the high court judge would not be permitted to practice in any bench of that high court. Like you can practice in High Courts or before Supreme Court but not because NCLT or NCLAT. It is not a prohibition but a regulation because of the high office you hold. Very reasonable restriction."

"You were a member of a tribunal having jurisdiction throughout India...think of the independence, fairness of the judiciary. Think about the perception of an ordinary litigant. Imagine you start appearing before a former colleague of yours. What will be the perception of an ordinary litigant?” Justice Bagchi observed.

Following the Court's observations, Singh withdrew the petition.

Case : VIJAI PRATAP SINGH Vs UNION OF INDIA | W.P.(C) No. 670/2026