Section 5 of The Recovery Of Debts And Bankruptcy Act, 1993
A person shall not be qualified for appointment as the Presiding Officer of a Tribunal unless he is, or has been, or is qualified to be, a District Judge.
Summary
- There is a specific legal qualification required to be appointed as a Presiding Officer.
- A person must be a District Judge to be eligible.
- A person who was a District Judge in the past is also eligible.
- Even if a person has never been a judge, they are eligible if they have the qualifications needed to become a District Judge.
Practical examples
FAQ
1. Can any lawyer become a Presiding Officer?
Only if they have the qualifications that would allow them to be a District Judge.
2. Does the person have to be a current judge?
No, the person can be a current judge, a former judge, or someone qualified to be one.
3. Is there any other rank mentioned for this role?
No, the law specifically points to the rank of a District Judge as the standard.
Test yourself
Q1.Under Section 5 of The Recovery Of Debts And Bankruptcy Act, 1993, which judicial rank is used to determine eligibility for a Presiding Officer?
Q2.According to Section 5 of The Recovery Of Debts And Bankruptcy Act, 1993, is a retired judge eligible for the post?
Q3.Under Section 5 of The Recovery Of Debts And Bankruptcy Act, 1993, what is required for a non-judge to be appointed?
Q4.Under Section 5 of The Recovery Of Debts And Bankruptcy Act, 1993, who sets these qualification standards?