Section 412: Selection of Members of Tribunal and Appellate Tribunal
This section is for outlining the process of selecting members for the Tribunal and Appellate Tribunal.
The section, clause by clause
What the section says
In plain terms
(1)The President of the Tribunal and the chairperson and Judicial Members of the Appellate Tribunal, shall be appointed after consultation with the Chief Justice of India.
The President of the Tribunal and the chairperson and Judicial Members of the Appellate Tribunal are appointed after consulting the Chief Justice of India.
(2)The Members of the Tribunal and the Technical Members of the Appellate Tribunal shall be appointed on the recommendation of a Selection Committee consisting of—
(2)(a)Chief Justice of India or his nominee—Chairperson;
(2)(b)a senior Judge of the Supreme Court or Chief Justice of High Court— Member;
(2)(c)Secretary in the Ministry of Corporate Affairs—Member; and
(2)(d)Secretary in the Ministry of Law and Justice—Member.
(2A)Where in a meeting of the Selection Committee, there is equality of votes on any matter, the Chairperson shall have a casting vote.]
If the Selection Committee has an equal number of votes on a matter, the Chairperson has a casting vote.
(3)The Secretary, Ministry of Corporate Affairs shall be the Convener of the Selection Committee.
The Secretary of the Ministry of Corporate Affairs acts as the Convener of the Selection Committee.
(4)The Selection Committee shall determine its procedure for recommending persons under sub- section (2).
The Selection Committee decides its own procedure for recommending people for certain positions.
(5)No appointment of the Members of the Tribunal or the Appellate Tribunal shall be invalid merely by reason of any vacancy or any defect in the constitution of the Selection Committee.
An appointment to the Tribunal or Appellate Tribunal is not invalid just because there is a vacancy or a problem with the Selection Committee.
The right-hand column is written from the section text, not quoted from it, and it has no legal force. Where the two differ, the left-hand column is the law.
Amendment notes
- 1. The words “not exceeding eleven” omitted by Act 29 of 2020, s. 58 (w.e.f. 22-1-2021).
- 2. Subs. by Act 7 of 2017, s. 172, for “for hearing appeals against the orders to the Tribunal” (w.e.f. 26-5-2017).
- 3. Subs. by Act 1 of 2018, s. 83 for “orders of the Tribunal” (w.e.f. 7-5-2018).
- 4. Subs. by Act 29 of 2020, s. 58, for “section 53N” (w.e.f. 22-1-2021).
- 5. Subs. by Act 1 of 2018, s. 84, for sub-section (3) (w.e.f. 9-2-2018).
- 6. Subs. by s. 85, ibid., for sub-section (2) (w.e.f. 9-2-2018).
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Reproduced from the official India Code print for reference. Check the current text on India Code before you rely on it, and read the section alongside its Rules. Nothing here is legal advice.