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CS Professional · Environmental, Social and Governance (ESG) - Principles and Practice · Legislative Framework of Corporate Governance in India

The Central Government proposes to appoint the President of the National Company Law Tribunal. Under the Companies Act, 2013, what procedure applies to this appointment?

The President of the Tribunal is appointed after consultation with the Chief Justice of India. The Selection Committee is not used for the President. It recommends only the Members of the Tribunal and the Technical Members of the Appellate Tribunal.

  1. AAppointment after consultation with the Chief Justice of IndiaCorrect
  2. BAppointment on the recommendation of the Selection Committee chaired by the Secretary, Ministry of Corporate Affairs
  3. CAppointment on the recommendation of a committee of the Securities and Exchange Board of India
  4. DAppointment by the Central Government after consulting the Chairperson of the Appellate Tribunal

Explanation

Section 412(1) provides that the President of the Tribunal, and the chairperson and Judicial Members of the Appellate Tribunal, are appointed after consultation with the Chief Justice of India. The Selection Committee route applies to Members of the Tribunal and Technical Members of the Appellate Tribunal, so the Selection Committee option is wrong.

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