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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Information Technology

In a pending appeal under the IT Act, 2000, a party argues that the proceedings are void because of a defect in the constitution of the Appellate Tribunal. Based on section 55, how should this objection be treated?

The objection fails. Section 55 says no act or proceeding before the Appellate Tribunal may be called in question merely because of a defect in the Tribunal's constitution, and appointment orders of the Chairperson or Member are likewise protected from challenge.

  1. AIt succeeds, because a defective constitution voids all proceedings
  2. BIt succeeds only if raised before the first hearing
  3. CIt fails, because no act or proceeding before the Appellate Tribunal can be called in question merely on the ground of a defect in its constitutionCorrect
  4. DIt must be decided by the Controller before the appeal continues

Explanation

Section 55 provides that no act or proceeding before the Appellate Tribunal shall be called in question in any manner merely on the ground of any defect in its constitution. It also protects the Central Government's orders appointing the Chairperson or Member from being questioned. Options A and B ignore this protection.

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