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Section 6: Term of office

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1993
Section 5 All 37 Sections of Recovery of Debts and Bankruptcy Act, 1993 Section 7

Legal Commentary & Landmark Judgments: Section 6

Section 6 governs the tenure and term of office of the Presiding Officer of a Debts Recovery Tribunal, establishing statutory limits on service and superannuation.

  • Fixed Term of Office: Under Section 6 (as harmonized with the Tribunal Reforms Act, 2021), a Presiding Officer holds office for a term of four or five years from the date on which he enters upon his office, subject to statutory re-eligibility criteria.
  • Statutory Age of Superannuation: The statute establishes an upper age limit, commanding that no Presiding Officer shall hold office after he has attained the age of sixty-five years (or sixty-seven years under specific legislative amendments subject to Supreme Court rulings).
  • Eligibility for Re-appointment: Presiding Officers are eligible for re-appointment subject to evaluation by the Search-cum-Selection Committee, preventing tenure insecurity from compromising adjudicatory fearlessness.
Key Landmark Precedents:
  • Madras Bar Association v. Union of India (2020) 13 SCC 1: The Supreme Court struck down statutory rules prescribing ultra-short three-year tenures, holding that a short term impairs judicial independence and discourages meritorious senior judicial officers and advocates from accepting tribunal appointments.
  • Madras Bar Association v. Union of India (2021) 7 SCC 369: The Supreme Court declared that fixing a term of office below five years undermines tribunal efficacy and stability, directing the Central Government to ensure security of tenure for Presiding Officers to maintain parity with judicial services.
  • Union of India v. Delhi High Court Bar Association (2002) 4 SCC 275: The Supreme Court affirmed that prescribed age limits and tenure conditions under Section 6 provide institutional stability essential for the functioning of debt recovery tribunals.
Courtroom Practice & Strategic Litigation Guidance:

When tracking the status of a pending recovery suit or securitisation application, maintain vigilance over the impending expiry of the Presiding Officer's tenure under Section 6. If final arguments have been concluded but judgment reserved, move an urgent praecipe for pronouncement prior to the officer's demitting of office to prevent the necessity of a de novo hearing before a successor.

Section 5 All 37 Sections of Recovery of Debts and Bankruptcy Act, 1993 Section 7