Section 413: Term of office of President, chairperson and other Members

Companies Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2013
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Legal Commentary & Landmark Judgments: Section 413

Section 413 defines the tenure and superannuation age limits for the President, Chairperson, and Members of the Tribunal and Appellate Tribunal, setting a standard five-year term with eligibility for reappointment.

  • Five-Year Statutory Tenure: Provides that the President, Chairperson, and every Member shall hold office for a term of five years from the date of entering office, subject to statutory eligibility for reappointment.
  • Age Limits for NCLT: The President of the NCLT holds office until attaining the age of sixty-seven years, while other Members hold office until attaining the age of sixty-five years.
  • Age Limits for NCLAT: The Chairperson of the NCLAT holds office until attaining the age of seventy years, while other Members hold office until attaining the age of sixty-seven years.
Key Landmark Precedents:
  • Madras Bar Association v. Union of India, (2021) 7 SCC 369: The Supreme Court struck down statutory provisions attempting to reduce tribunal terms to four years, holding that a minimum five-year term is essential to secure judicial independence and attract qualified advocates to tribunal benches.
  • Rojer Mathew v. South Indian Bank Ltd., (2020) 6 SCC 1: Affirmed that security of tenure and adequate term length are indispensable structural requirements to ensure that tribunal judges perform adjudicatory duties without executive apprehension.
Courtroom Practice & Strategic Litigation Guidance:

When evaluating orders passed by a member approaching superannuation, verify the exact date of demitting office under Section 413. A member cannot reserve judgment and deliver it post-retirement; any order signed after the expiration of the statutory five-year term or superannuation age is coram non judice and void.