THE GUJARAT HC ISSUED A NOTICE IN A MATTER CHALLENGING THE MINIMUM AGE CRITERION FOR APPOINTMENT OF AN NCLT MEMBER

The Gujarat High Court bench of Chief Justice Aravind Kumar and Justice Hemant M Prachchhak issued a notice in a matter challenging section 413(2) of the Companies Act, which states that a minimum age criterion of 50 years for appointment as National Company Law Tribunal members. 

The petitioners said that the age criterion is against the SC's judgment in Madras Bar Association v. Union of India. The court stressed the need to appoint young members in tribunals. The petitioners argued that when a candidate below 50 years is eligible for a High Court judge, it is strange that a minimum age of 50 years is required for an appointment in tribunals. 

The plea also sought quashing of an advertisement dated 13th October to fill up Judicial members' posts in NCLT. The petitioners stated that the advertisement does not provide a procedure for appointment as per Section 412 of the Companies Act. 

In view of the above, the court issued a notice. 

Author: Papiha Ghoshal