Consequent on the completion of the term of office of Shri Bethala Shantha Vijaya Prakash Kumar, Member

## Report on Notifications Regarding Acting President of the National Company Law Tribunal (NCLT) **1. Executive Summary:** This report analyzes a series of notifications issued by the Ministry of Corporate Affairs on June 21, 2021, regarding the acting President of the National Company Law Tribunal (NCLT). These notifications detail the temporary appointment of several Member Judicials as acting President, NCLT, following the completion of the term of office of previous incumbents. The core purpose is to ensure the continuity of leadership at the NCLT during the interim periods between the completion of tenures of judicial members. The key finding is a succession of short-term acting President appointments until a more permanent solution is found. **2. Introduction:** This report provides an overview and analysis of notifications S.O. 2417(E), S.O. 2418(E), S.O. 2419(E), and S.O. 2420(E) issued by the Ministry of Corporate Affairs on June 21, 2021, concerning the acting President of the National Company Law Tribunal (NCLT). The analysis is based solely on the information provided within the text of these notifications. **3. Policy Overview:** The notifications relate to the implementation of Section 415 of the Companies Act, 2013, which governs the appointment of the President of the NCLT. The core objective, as inferred from the text, is to ensure the continued functioning of the NCLT by appointing an acting President whenever the term of office of the current incumbent expires. **4. Background and Rationale:** The notifications address the issue of leadership transitions within the NCLT. Specifically, they respond to the need to fill the position of President following the completion of the tenures of Shri Bethala Shantha Vijaya Prakash Kumar, Shri Rajeswara Rao Vittanalla, Ms. Manorama Kumari, and Shri R. Varadharajan. The rapid succession of acting presidents suggests potential delays in appointing a permanent President. **5. Key Provisions / Changes:** These notifications act as temporary amendments in the leadership of the NCLT, according to Section 415 of the Companies Act, 2013. * **Notification S.O. 2417(E):** Consequent to the completion of the term of office of Shri Bethala Shantha Vijaya Prakash Kumar on May 31, 2021, Shri Rajeswara Rao Vittanalla, Member Judicial, was appointed to act as President, NCLT, from June 1, 2021, up to June 1, 2021 (the date of completion of his tenure as Member Judicial). This means Mr. Vittanalla was the acting president for only one day. * **Notification S.O. 2418(E):** Consequent to the completion of the term of office of Shri Rajeswara Rao Vittanalla on June 1, 2021, Ms. Manorama Kumari, Member Judicial, was appointed to act as President, NCLT, from June 2, 2021, up to June 5, 2021 (the date of completion of her tenure as Member Judicial). This means Ms. Kumari was the acting president for four days. * **Notification S.O. 2419(E):** Consequent to the completion of the term of office of Ms. Manorama Kumari on June 5, 2021, Shri R. Varadharajan, Member Judicial, was appointed to act as President, NCLT, from June 6, 2021, up to June 9, 2021 (the date of completion of his tenure as Member Judicial). This means Mr. Varadharajan was the acting president for four days. * **Notification S.O. 2420(E):** Consequent to the completion of the term of office of Shri R. Varadharajan on June 9, 2021, Shri Bhaskara Pantula Mohan, Member Judicial, was appointed to act as President, NCLT, from June 10, 2021, for a period of three months or until a regular President is appointed or until further orders, whichever is earliest. This notification introduces a longer acting presidency, indicating a potential delay in the appointment of a permanent president. The changes introduce a succession of individuals temporarily filling the President's role, ensuring the position isn't vacant. However, the very short tenures of the first three acting Presidents are notable. **6. Target Audience and Stakeholders:** The target audience and stakeholders directly affected by these notifications include: * The National Company Law Tribunal (NCLT) itself, including its members and staff. * Companies and individuals involved in proceedings before the NCLT. * Legal professionals practicing before the NCLT. * The Ministry of Corporate Affairs. **7. Implementation Aspects (Inferred):** * **Responsible agency/bodies:** The Ministry of Corporate Affairs is the responsible agency, as evidenced by the notifications. The NCLT is the body affected by these appointments. * **Timelines or procedures:** The notifications specify the effective dates for each acting President's appointment and the duration of their term. The procedure for appointing an acting President appears to be triggered by the completion of the previous incumbent's tenure. Each appointment is explicitly linked to Section 415 of the Companies Act, 2013. * The duration of acting presidency changes. Initially, acting presidents were appointed for only a few days each. With the appointment of Shri Bhaskara Pantula Mohan, the acting presidency extended to three months or until a permanent President is appointed, suggesting a shift in approach. **8. Expected Outcomes / Impact of Changes:** The intended outcome of these changes is to maintain operational continuity within the NCLT. The temporary appointments aim to prevent any disruption in the tribunal's functions. The notifications pertaining to the first three acting presidents were very short term, which may have created instability. However, the longer term of Shri Bhaskara Pantula Mohan provides a more stable interim solution. The expected impact includes the continued processing of company law cases and the maintenance of the NCLT's role in corporate governance and dispute resolution. **9. Conclusion:** The notifications issued by the Ministry of Corporate Affairs on June 21, 2021, demonstrate the government's efforts to ensure the continued functioning of the NCLT by appointing acting Presidents during leadership transitions. The initial series of very short-term appointments was followed by a longer-term appointment, suggesting a potential delay in selecting a permanent President. The notifications underscore the importance of the NCLT in the corporate legal landscape and the need for uninterrupted leadership, however temporary that leadership may be.

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