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.

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.

"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