Section 63: Vacancy in office of President of National Commission

Consumer Protection Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2019

Legal Commentary & Landmark Judgments: Section 63

Section 63 provides for institutional continuity in the event of a vacancy or temporary absence in the office of the President of the National Commission by designating the senior-most member to discharge presidential functions.

  • Automatic Succession Mechanism: In the event of vacancy by death, resignation, or removal of the President, the senior-most member discharges presidential duties until a new President assumes office.
  • Absence on Leave or Inability: Where the President is unable to discharge functions owing to absence, illness, or other cause, the senior-most member acts as President during such temporary period.
  • Administrative and Adjudicatory Continuity: Ensures that roster allocations, bench constitutions, and administrative approvals proceed without paralysis during transitional vacancies.
Key Landmark Precedents:
  • State of Haryana v. Subash Chander Marwaha (1973) 2 SCC 872: The Supreme Court recognized that statutory mechanisms providing for acting designations are essential to prevent executive and judicial administrative paralysis during unexpected vacancies.
  • K.B. Ramachandra Raje Urs v. State of Karnataka (2016) 3 SCC 422: Established that statutory actions taken by a senior member discharging functions under express legislative delegation carry full legal validity and cannot be collaterally impugned.
Courtroom Practice & Strategic Litigation Guidance:

When administrative circulars, special bench formations, or urgent listings are issued during a presidential vacancy, confirm that they are issued under the authority of the senior-most member designated under Section 63 to establish jurisdictional validity.