In continuation of this Ministrys notifications SO 3855E dated 28th October 2020, the Central Government hereby

## Report on Amendment to National Company Law Appellate Tribunal (NCLAT) Judicial Member Tenure **1. Executive Summary:** This report analyzes a notification from the Ministry of Corporate Affairs amending the tenure of Justice Retd. Shri Bansi Lal Bhat and Justice Retd. Shri A.I.S. Cheema as Judicial Members of the National Company Law Appellate Tribunal (NCLAT). The core purpose of this amendment is to revise their tenure, setting a new limit of attaining the age of 67 years or until further orders, whichever is earlier. The key finding is that this amendment provides clarity and potentially ensures continuity in the NCLAT's judicial proceedings by setting a specific age-based tenure limit. **2. Introduction:** This report aims to provide a comprehensive overview of a specific amendment to the tenure of Judicial Members of the National Company Law Appellate Tribunal (NCLAT). The analysis is based solely on the provided official government notification. **3. Policy Overview:** This notification amends a previously issued notification (S.O. 3855E dated 28th October, 2020) from the Ministry of Corporate Affairs. The core objective of the amendment, inferred from the text, is to revise and specify the tenure of Justice Retd. Shri Bansi Lal Bhat and Justice Retd. Shri A.I.S. Cheema as Judicial Members of the NCLAT. **4. Background and Rationale:** The amendment likely addresses the need for a clear and defined tenure for these Judicial Members. The original policy likely lacked a concrete end date. The amendment provides a clear condition for the end of their tenure (reaching the age of 67 or further orders), which may ensure stability and predictability within the NCLAT. **5. Key Provisions / Changes:** This notification introduces the following specific changes regarding the tenure of Justice Retd. Shri Bansi Lal Bhat and Justice Retd. Shri A.I.S. Cheema: * **Original Policy:** The text only references the earlier notification S.O. 3855E, but the implication is that the original policy didn't explicitly specify a maximum age for the tenure. * **New Rule/Provision:** The amended rule states that their tenure as Judicial Members will now be "for a period till their attaining the age of 67 years, or until further orders, whichever is earlier." * **Difference/Effect:** This change establishes a clear upper limit (age 67) for their tenure, adding certainty and potentially limiting the duration of their service unless further orders are issued. This provides a well-defined time frame for their service, which was not explicitly present before the amendment based on the available text. **6. Target Audience and Stakeholders:** Based on the provided text, the primary stakeholders directly affected by this amendment are: * Justice Retd. Shri Bansi Lal Bhat * Justice Retd. Shri A.I.S. Cheema * The National Company Law Appellate Tribunal (NCLAT) * The Ministry of Corporate Affairs * Parties involved in cases before the NCLAT, as the tenure of judicial members can impact the consistency and progress of legal proceedings. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Ministry of Corporate Affairs is the responsible agency, as indicated by the notification. The NCLAT is the body where the change will be implemented. * **Timelines/Procedures:** The amendment takes effect immediately upon notification. The tenure is automatically adjusted based on the members' age. No specific procedures are outlined in the text, but the NCLAT would need to be informed of the change. The order is also subject to further government orders, allowing for potential future modifications. **8. Expected Outcomes / Impact of Changes:** The likely intended outcome of this amendment is to: * Provide clarity and certainty regarding the tenure of the Judicial Members. * Ensure a defined lifespan for their service to NCLAT. * Allow for potential future changes or extensions of their tenure through further orders. * Potentially ensure smoother transitions as the members approach the age limit. **9. Conclusion:** The notification amending the tenure of Justice Retd. Shri Bansi Lal Bhat and Justice Retd. Shri A.I.S. Cheema as Judicial Members of the NCLAT introduces a significant change by setting an age limit of 67 years, or until further orders. This change brings greater clarity and potentially ensures smoother transitions within the NCLAT. While the text is limited, it provides a clear indication of the amendment's purpose and impact. Further orders from the government can impact the significance of this rule, and this should be monitored to ensure continued understanding of the policy.

Key Entities Referenced