1. In the event of the occurrence of any vacancy in the office of the President or the Chairperson by reason of his death, resignation or otherwise, the senior-most Member shall act as the President or the Chairperson, as the case may be, until the date on which a new President or Chairperson appointed in accordance with the provisions of this Act to fill such vacancy enters upon his office.
2. When the President or the Chairperson is unable to discharge his functions owing to absence, illness or any other cause, the senior-most Member shall discharge the functions of the President or the Chairperson, as the case may be, until the date on which the President or the Chairperson resumes his duties.
Legal Commentary & Landmark Judgments: Section 415
Section 415 provides the procedural mechanism for appointing an Acting President of the NCLT or Acting Chairperson of the NCLAT during vacancies caused by death, resignation, illness, or temporary absence.
When challenging an administrative roster order or special bench constitution issued by an Acting President, bear in mind the de facto doctrine and Section 415. Pleading that an Acting President lacks the full constitutional powers of a permanent appointee will be summarily rejected unless a violation of statutory rules is demonstrated.