Technical Members In Judicial Robes: Dress Code Controversy In NCLT

It is observed that the Hon'ble Judicial Members and Technical Members of the NCLT wear identical dress codes. Ideally, the dress code for Judicial and Technical Members should be distinct. However, at the NCLT, the dress code for Judicial and Technical Members is identical, showing no difference. Technical Members wear attire similar to Judges, including robes and neckbands, despite this being legally impermissible. The dress code is highly significant as it often reflects a person's qualifications, functions, and duties.

The qualifications, functions, and duties of Judicial Members and Technical Members are altogether different. A Judicial Member is a retired judge or advocate who possesses the requisite qualifications as prescribed. They perform the Tribunal's judicial functions, whereas Technical Members' qualifications are entirely different; they are experts with technical knowledge in a specific subject. Technocrats provide technical input to Judicial Members upon request. However, it is a remarkable departure to observe the same dress code for Judicial and Technical Members of the NCLT.

The primary reason for adopting an identical dress code stems from an Administrative Order dated 27.01.2023, issued by the Registrar of NCLT vide File No.25/2/2023/NCLT (issued after the NCLT President's approval). The said Order is an Administrative Order, purportedly invoking Rule 16(f) of the NCLT Rules, 2016, read with Section 432 of the Companies Act, 2013, and Rules 51 and 124 of the NCLT Rules, 2016.

Since the issuance of the aforementioned Administrative Order, Technical Members have been wearing the same dress code as Judicial Members. I do not believe that, prior to this order, Technical Members wore any judicial uniform.

Are Technical Members entitled to wear the same dress code as Judicial Members, specifically a white shirt, color band, and black coat, typically worn by Judges or Advocates?

The NCLT's power to issue Administrative Orders is limited to Section 16(f) of the NCLT Rules 2017, and such orders are merely administrative in nature. Prescribing the dress code for members of the Tribunal falls under rule making power. The NCLT Registrar or President does not possess any rule-making power. Therefore, the issuance of the aforementioned administrative order prescribing a similar dress code for both Judicial and Technical Members is without any authority. Moreover, the said Administrative Order does not confine itself to prescribing the dress code for Members alone, it further extends to regulate the attire of professionals such as Advocates, Authorised Representatives, and IRPs/Liquidators.

The prescription of a dress code for the Tribunal's members and other professionals by the NCLT Registrar or President through an administrative order is absolutely beyond their jurisdiction.

The prescription of an identical dress code for Technical Members, at par with Judicial Members, appears to be intended to place both categories on an equal footing.

Advocates and Judges wear their dress code as prescribed by the Advocates Act, 1961, read with Rule IV of Chapter IV of the Bar Council of India Rules. It is statutory reorganization for the judicial member to wear dress code as judge. A person not enrolled with the Bar Council, cannot wear the dress code prescribed for Advocates and Judges.

Recently, the GST Appellate Tribunal issued an Office Order vide File No.14/2025 dated 30.06.2025, concerning the dress code for its Members. Even in this order, two distinct dress codes have been prescribed for Judicial and Non-Judicial Members. Furthermore, at the CESTAT and Income Tax Appellate Tribunal (ITAT), two different dress codes are followed by Judicial and Non-Judicial Members. Even the Hon'ble NCLAT (Appellate Tribunal to the NCLT) also follows the same practice of having two different dress codes. Ignoring the aforesaid practice and in violation of the Advocates' Act and Bar Council of India Rules, the Administrative Order is issued without authority.

The administrative order not only prescribes the same dress code for these members but also indirectly equalizes the functions of Judicial and Technical Members by presenting a similar appearance. When advocates and litigants appear before the bench, it creates confusion if the Technical Member is in judicial robes.

There is a functional distinction between adjudication and technical assistance, which is the foundational premise of the tribunal system itself. Therefore, there must be a visual distinction between Judicial and Technical Members; an identical dress code will erase the distinction between adjudication and technical assistance. Therefore, the aforesaid Administrative Order must be revoked, and two different dress codes must be prescribed for the Judicial and Technical Members of the NCLT.

Author is an Advocate. Views are personal.