Section 415: Acting President and Chairperson of Tribunal or Appellate Tribunal

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 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.

  • Vacancy through Death, Resignation, or Removal: Provides that in the event of a vacancy in the office of President or Chairperson due to death, resignation, or removal, the senior-most Member shall act until a new regular appointment takes office.
  • Temporary Absence through Leave or Illness: Authorizes the senior-most Member to discharge the functions of President or Chairperson when the incumbent is unable to do so due to absence, illness, or any other cause.
  • Continuity of Administrative and Adjudicatory Powers: Confers on the Acting President or Chairperson all administrative, bench-constituting, and roster-allocating powers vested in the regular officeholder.
Key Landmark Precedents:
  • Gokaraju Rangaraju v. State of Andhra Pradesh, (1981) 3 SCC 132: The Supreme Court applied the de facto doctrine, holding that acts and judgments delivered by a presiding officer discharging duties under color of authority are valid and immune from collateral attack even if appointment formalities are questioned.
  • State of Haryana v. Haryana Cooperative Transport Ltd., (1977) 1 SCC 271: Recognized that temporary acting arrangements in judicial presiding offices must ensure seamless institutional continuity without causing jurisdictional hiatus.
Courtroom Practice & Strategic Litigation Guidance:

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.