412 . Selection of Members of Tribunal and Appellate Tribunal.
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.
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—
a. Chief Justice of India or his nominee—Chairperson;
b. a senior Judge of the Supreme Court or a Chief Justice of High Court—Member;
c. Secretary in the Ministry of Corporate Affairs—Member;
d. Secretary in the Ministry of Law and Justice—Member; and
e. Secretary in the Department of Financial Services in the Ministry of Finance—Member.
3. The Secretary, Ministry of Corporate Affairs shall be the Convener of the Selection Committee.
4. The Selection Committee shall determine its procedure for recommending persons under sub-section (2 ).
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.
Legal Commentary & Landmark Judgments: Section 412
Section 412 establishes the statutory Search-cum-Selection Committee chaired by the Chief Justice of India or his nominee to recommend candidates for appointment as President, Chairperson, and Members of the NCLT and NCLAT.
In constitutional litigation contesting tribunal appointments or delays in filling vacancies, cite Section 412 alongside the MBA judgments. The Supreme Court has repeatedly issued mandamus directing the executive to issue appointment orders strictly in accordance with the Search-cum-Selection Committee's ranked merit recommendations.