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Section 4: Composition of Tribunal

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1993
Section 3 All 37 Sections of Recovery of Debts and Bankruptcy Act, 1993 Section 5

Legal Commentary & Landmark Judgments: Section 4

Section 4 dictates the composition of the Debts Recovery Tribunal, enacting the single-member bench doctrine by stipulating that the Tribunal shall consist of one person only, designated as the Presiding Officer.

  • Single-Member Adjudicatory Structure: Section 4 explicitly commands that a Tribunal shall consist of one person only, to be referred to as the Presiding Officer, appointed by the Central Government via Official Gazette notification.
  • Exclusion of Multi-Member and Technical Benches: Unlike other administrative tribunals that combine judicial and administrative/technical members, the DRT functions solely as a single judicial officer forum, streamlining summary adjudication.
  • Sole Custodian of Tribunal Powers: All powers of adjudication, decreeing of claims under Section 19, issuance of recovery certificates, and supervision of Recovery Officers reside undivided in the single Presiding Officer.
Key Landmark Precedents:
  • Union of India v. Delhi High Court Bar Association (2002) 4 SCC 275: The Supreme Court held that the composition of the Tribunal with a single Presiding Officer under Section 4 is constitutionally valid and does not offend the doctrine of separation of powers, since the officer exercises purely judicial powers formerly discharged by a Single Judge of a Civil Court.
  • Madras Bar Association v. Union of India (2014) 10 SCC 1: The Constitution Bench reaffirmed that single-member tribunals are permissible under the Constitution provided the presiding officer possesses authentic judicial qualifications, training, and independence equivalent to the court whose jurisdiction is supplanted.
Courtroom Practice & Strategic Litigation Guidance:

Because the DRT is a single-member forum under Section 4, a vacancy in the office of the Presiding Officer brings adjudicatory work to an absolute standstill. In such circumstances, counsel must urgently petition the DRAT Chairperson under Section 17A to temporarily transfer urgent interlocutory applications (e.g., stay of e-auction or dispossession) to an adjoining DRT Presiding Officer possessing concurrent or additional charge.

Section 3 All 37 Sections of Recovery of Debts and Bankruptcy Act, 1993 Section 5