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Section 5: Objects of Central Council

Consumer Protection Act • Official Statutory Text & Practice Guide

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Act 2019
Section 4 All 107 Sections of Consumer Protection Act Section 6

Legal Commentary & Landmark Judgments: Section 5

Section 5 regulates the procedure, frequency, and administrative conduct of meetings of the Central Consumer Protection Council. By mandating a statutory minimum of at least one meeting every year, the provision ensures institutional continuity, prevents administrative dormancy, and establishes a binding procedural mechanism for national consumer policy review.

  • Mandatory Annual Meeting Requirement: Explicitly commands that the Central Council shall meet as and when necessary, but at least one meeting must be convened every year, imposing a positive statutory duty on the Chairperson and the Ministry.
  • Chairperson Discretion Regarding Time and Venue: Vests the Chairperson with the statutory authority to determine the date, time, and location of Central Council sessions in accordance with procedural rules prescribed under the Act.
  • Adherence to Prescribed Meeting Rules: Mandates that meeting procedures, quorum specifications, notices, agenda management, and the recording of minutes shall strictly adhere to the Central Consumer Protection Council Rules, 2020.
Key Landmark Precedents:
  • State of Punjab v. Bandeep Singh (2016) 1 SCC 724: The Supreme Court reaffirmed that statutory bodies entrusted with periodic deliberative duties must perform their functions within statutory timelines; periodic statutory obligations cannot be neglected due to administrative convenience.
  • Ramana Dayaram Shetty v. International Airport Authority of India (1979) 3 SCC 489: Established that statutory authorities and executive bodies are strictly bound by the procedural rules governing their conduct, and failure to observe procedural statutory mandates impairs administrative legitimacy.
Courtroom Practice & Strategic Litigation Guidance:

In public interest litigation (PIL) before High Courts seeking mandamus against Central Government inaction on systemic consumer issues (e.g., lack of enforcement against spurious pharmaceutical goods or deceptive algorithms), use RTI disclosures to verify compliance with Section 5. A persistent failure to convene annual Central Council meetings demonstrates an actionable breach of statutory duty.

Section 4 All 107 Sections of Consumer Protection Act Section 6