Supreme Court of India · 2010-05-11
Union Of India vs R. Gandhi
- Court
- Supreme Court of India
- Petitioner
- Union Of India
- Respondent
- R. Gandhi
- Author
- R.V.Raveendran
- Bench
- J M Panchal, P Sathasivam, D K Jain, R V Raveendran, K G Balakrishnan
Judgment text excerpt
The Supreme Court upheld the constitutional validity of Chapters 1B and 1C of the Companies Act, 1956, inserted by the Companies (Second Amendment) Act, 2002, which established the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT). The Court ruled that Parliament has the legislative competence to create such Tribunals under Article 323B of the Constitution, emphasizing that the provisions do not violate the doctrine of separation of powers or the independence of the judiciary. The Court dismissed the writ petition filed by the Madras Bar Association challenging these provisions.