THE AIRPORTS ECONOMIC REGULATORY AUTHORITYCentral

Section 12 of The Airports Economic Regulatory Authority of India Act, 2008

No act or proceedings of the Authority shall be invalid merely by reason of --

(a)any vacancy in, or any defect in, the constitution of the Authority; or
(b)any defect in the appointment of a person acting as a Member of the Authority; or
(c)any irregularity in the procedure of the Authority not affecting the merits of the case.

Summary

The actions and legal proceedings of the Authority remain perfectly valid even if there is an empty seat or vacancy on the board.
Proceedings cannot be thrown out just because there was a defect in how the Authority was put together.
Decisions stay valid even if there is a defect in the appointment of the person acting as a Member.
Minor irregularities in the Authority's procedure that do not affect the actual merits or core facts of a case will not invalidate the proceedings.

Practical examples

1An airline tries to sue to cancel a tariff order by pointing out that one of the Authority's three Member seats was empty when the vote happened. The court dismisses the suit because a vacancy does not invalidate the proceeding.

2The Authority forgets to give a standard 3-day notice for a meeting and gives 2 days instead, but all members attend and thoroughly review all data. The decision stands because this procedural slip did not affect the merits of the case.

FAQ

1. If the Authority makes a ruling while missing a Member, is the ruling void?

No, acts or proceedings are not invalid merely by reason of any vacancy in the Authority.

2. What happens if someone was appointed as a Member improperly but already made decisions?

The proceedings remain valid; a defect in the appointment of a person acting as a Member does not invalidate them.

3. Can a small procedural mistake ruin a case?

No, any irregularity in procedure that does not affect the merits of the case will not invalidate the proceedings.

Test yourself

Q1.Under Section 12 of The Airports Economic Regulatory Authority of India Act, 2008, which of the following will NOT invalidate the proceedings of the Authority?

Q2.Under Section 12 of The Airports Economic Regulatory Authority of India Act, 2008, what condition applies to procedural irregularities for the proceedings to remain valid?

Q3.Under Section 12 of The Airports Economic Regulatory Authority of India Act, 2008, if an airport operator challenges an order solely because the Authority's board had an unfilled vacancy when it was passed, what is the legal outcome?

Q4.Under Section 12 of The Airports Economic Regulatory Authority of India Act, 2008, which broad aspect of the Authority's existence is protected from invalidating its acts if there is a defect?

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