A retired Judge of High Court want to become Judicial member ........

Companies Act-Phase (I & II) NCLT & NCLAT

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A retired Judge of High Court want to become Judicial member,

Yes, as being Judge of High Court,

Yes, as he has experience of at least 5 year and Judge of High Court,

No as he has retired from his post,

Yes, even if he doesn’t possess any position if he wants then can become.

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Explanation:

As According to section 409 Eligibility for Judicial Member of NCLT as:

A person shall not be qualified for appointment as a Judicial Member unless he is or has been: -

i. a judge of a High Court; or

ii. a District Judge for at least five years; or

iii. an advocate of a court for at least ten years.

And As per section 411 Judicial Member of NCLAT as a person who is or has been a Judge of a High Court or is a Judicial Member of the Tribunal for 5 years. Now as question mentioned that person is Retired Judge of High Court it can be understood as he must have served office for 5 years. So, option (b) is suitable because if he has 5-year experience he can become Judicial Member of both NCLT and NCLAT.