Section 5 of The Airports Economic Regulatory Authority of India Act, 2008
- (1)The Central Government shall, for the purpose of sub-section (6) of section 4 constitute a Selection Committee consisting of the following, namely:--
- (a)Cabinet Secretary --Chairman;
- (b)Secretary, in the Ministry of Civil Aviation --Member;
- (c)Secretary, Department of Legal Affairs in the Ministry of Law and Justice --Member;
- (d)Secretary, in the Ministry of Defence --Member;
- (e)One expert to be nominated by the Ministry of Civil Aviation --Member.
- (2)The Central Government shall within one month from the date of occurrence of any vacancy by reason of death, resignation or removal of the Chairperson or a Member and six months before the superannuation or end of tenure of the Chairperson or any Member, make a reference to the Selection Committee for filling up of the vacancy.
- (3)The Selection Committee shall finalise the selection of the Chairperson and Members within one month from the date on which the reference is made to it.
- (4)The Selection Committee shall recommend a panel of two names for every vacancy referred to it.
- (5)Before recommending any person for appointment as a Chairperson or other Member of the Authority, the Selection Committee shall satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as a Member.
- (6)No appointment of the Chairperson or other Member shall be invalid merely by reason of any vacancy in the Selection Committee.
Summary
- The Central Government must set up a specific Selection Committee to recommend people for the Authority's Chairperson and Member roles.
- The Committee is chaired by the Cabinet Secretary and includes the Secretaries of Civil Aviation, Legal Affairs, and Defence, plus one aviation expert.
- When a sudden vacancy happens (like death or removal), the government has one month to ask the Committee for recommendations. For planned retirements, they must ask six months in advance.
- The Committee has one month to finalize its choices and must recommend a panel of two names for every open spot.
- The Committee must ensure their chosen candidates do not have any financial conflicts of interest, and the selection remains valid even if a seat on the Committee itself is empty.
Practical examples
FAQ
1. Who leads the Selection Committee?
The Cabinet Secretary acts as the Chairman of the Selection Committee.
2. How many names does the Committee suggest for an open job?
The Committee must recommend a panel of two names for every single vacancy.
3. What happens if someone on the Authority dies unexpectedly?
The Central Government must ask the Selection Committee to find a replacement within one month of the death.
4. If one of the Committee members is absent or the seat is vacant, does it ruin the selection process?
No, an appointment is not invalid just because there was a vacancy in the Selection Committee.
Test yourself
Q1.Under Section 5 of The Airports Economic Regulatory Authority of India Act, 2008, who serves as the Chairman of the Selection Committee?
Q2.Under Section 5 of The Airports Economic Regulatory Authority of India Act, 2008, how long does the Selection Committee have to finalize its recommendations after the government asks for them?
Q3.Under Section 5 of The Airports Economic Regulatory Authority of India Act, 2008, if a Member of the Authority is nearing the end of their normal tenure, when must the government initiate the replacement process?
Q4.Under Section 5 of The Airports Economic Regulatory Authority of India Act, 2008, how many names must the Committee recommend for a single open vacancy?
Q5.Under Section 5 of The Airports Economic Regulatory Authority of India Act, 2008, the Selection Committee is tasked with recommending candidates. Based on the cross-referenced Section 4, what happens to the candidates they recommend?