Section 409 of CA 2013 : Section 409: Qualification Of President And Members Of Tribunal

Explanation using Example

Imagine a scenario where the National Company Law Tribunal (NCLT) requires a new President due to the retirement of the current President. According to Section 409(1) of the Companies Act, 2013, the selection committee starts searching for a suitable candidate who has served as a Judge of a High Court for at least five years. They shortlist Justice A, who has recently retired after serving as a High Court Judge for seven years.

For the position of a Judicial Member at the NCLT, the committee considers Mr. B, who has been a District Judge for six years, thereby fulfilling the criteria under Section 409(2)(b). Additionally, Advocate C, who has been practicing in the courts for twelve years and has also served in a legal advisory role for a government department for three years, is considered qualified as per Section 409(2)(c), since her non-court legal experience counts towards the ten-year requirement.

For a Technical Member role, the committee looks for candidates like Mr. D, a retired Additional Secretary from the Indian Corporate Law Service with over fifteen years of experience, meeting the criteria under Section 409(3)(a). Similarly, Chartered Accountant E, with a practice spanning sixteen years, is eligible under Section 409(3)(b).