Home  /  Recovery of Debts and Bankruptcy Act, 1993  /  Section 10

Section 10: Qualifications for appointment as [Chairperson of the Appellate Tribunal]

Recovery of Debts and Bankruptcy Act, 1993 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1993
Section 9 All 37 Sections of Recovery of Debts and Bankruptcy Act, 1993 Section 11

Legal Commentary & Landmark Judgments: Section 10

Section 10 sets out the mandatory judicial and legal qualifications required for appointment as the Chairperson of a Debts Recovery Appellate Tribunal.

  • High Court Judge Qualification: Section 10 mandates that a person shall not be qualified for appointment as Chairperson of an Appellate Tribunal unless he is, or has been, or is qualified to be, a Judge of a High Court.
  • Alternative High Judicial Service: Alternatively, a person qualifies if he has been a member of the Indian Legal Service and has held a post in Grade I of that Service for at least three years, or has held office as the Presiding Officer of a DRT for at least three years.
  • Judicial Primacy in Selection: Selection is routed through a high-powered Search-cum-Selection Committee headed by the Chief Justice of India or his nominee Judge of the Supreme Court, guaranteeing institutional competence equivalent to a High Court.
Key Landmark Precedents:
  • Madras Bar Association v. Union of India (2014) 10 SCC 1: The Supreme Court ruled that appellate tribunals that replace the appellate jurisdiction of the High Court must be manned by persons possessing qualifications and standing identical to High Court Judges.
  • Madras Bar Association v. Union of India (2021) 7 SCC 369: The Supreme Court struck down statutory provisions permitting executive dominance or dilution of judicial qualifications for tribunal chairpersons, emphasizing the necessity of preserving High Court equivalence under Section 10.
  • Union of India v. Delhi High Court Bar Association (2002) 4 SCC 275: The Supreme Court noted that the requirement of High Court judicial status for the Chairperson under Section 10 provides an indispensable guarantee of appellate integrity.
Courtroom Practice & Strategic Litigation Guidance:

When addressing the Chairperson of the DRAT, maintain the decorum and standard of practice accorded to a High Court Judge. In challenging statutory pre-deposit waivers under Section 20 or Section 18 of SARFAESI, construct arguments anchored in High Court jurisprudence, as the Chairperson possesses judicial training equivalent to the constitutional courts.

Section 9 All 37 Sections of Recovery of Debts and Bankruptcy Act, 1993 Section 11