Chapter IV - Consumer Disputes Redressal Commission
Section 55
Section 55: Qualifications, etc., of President and members of National Commission
Section 55 allocates rule-making on National Commission appointments and service conditions, with a special later regime for appointments after the Tribunal Reforms Act, 2021 began.
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This article is for general information. Refer to the Consumer Protection Act, 2019 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) The Central Government may, by notification, make rules to provide for qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the President and members of the National Commission:
Provided that the President and members of the National Commission shall hold office for such term as specified in the rules made by the Central Government but not exceeding five years from the date on which he enters upon his office and shall be eligible for re-appointment:
Provided further that no President or members shall hold office as such after he has attained such age as specified in the rules made by the Central Government which shall not exceed,— (a) in the case of the President, the age of seventy years; (b) in the case of any other member, the age of sixty-seven years.
(1A) Notwithstanding anything contained in sub-section (1), the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the President and other members of the National Commission appointed after the commencement of the Tribunal Reforms Act, 2021, shall be governed by the provisions of the said Act.
(2) Neither the salary and allowances nor the other terms and conditions of service of President and members of the National Commission shall be varied to his disadvantage after his appointment.
Introduction
When an appointment or panel composition matters in a case, identify the appointment date and the governing instrument before evaluating tenure, qualification or removal.
Key takeaways
What the section does
Section 55 allocates rule-making on National Commission appointments and service conditions, with a special later regime for appointments after the Tribunal Reforms Act, 2021 began.
Operational response
When an appointment or panel composition matters in a case, identify the appointment date and the governing instrument before evaluating tenure, qualification or removal.
Important boundary
Subsection (1A) overrides subsection (1) for the stated later appointees; subsection (2) protects salary, allowances and service conditions after appointment. These rules concern members, not the merits of a consumer claim.
When the provision matters
Section 55 allocates rule-making on National Commission appointments and service conditions, with a special later regime for appointments after the Tribunal Reforms Act, 2021 began.
Subsection (1A) overrides subsection (1) for the stated later appointees; subsection (2) protects salary, allowances and service conditions after appointment. These rules concern members, not the merits of a consumer claim.
Practical response
When an appointment or panel composition matters in a case, identify the appointment date and the governing instrument before evaluating tenure, qualification or removal.
Decision points and records
Compare the appointment order with the Tribunal Reforms Act regime before relying on a tenure objection.
Do not confuse the member-service question with whether the Commission had subject-matter jurisdiction.
Example
A company considering a challenge to a National Commission order checks the member’s appointment date and applicable Tribunal Reforms provisions rather than assuming the older five-year ceiling decides validity.
Official sources
Practical checklist
Do
- Record the member’s appointment date and the rule or Act relied on.
- Compare the appointment order with the Tribunal Reforms Act regime before relying on a tenure objection.
Avoid
- Do not treat subsection (1) as the sole appointment code after the 2021 insertion.
- Do not confuse the member-service question with whether the Commission had subject-matter jurisdiction.
Illustrative example
Section 55 in practice
A company considering a challenge to a National Commission order checks the member’s appointment date and applicable Tribunal Reforms provisions rather than assuming the older five-year ceiling decides validity.
Identify the statutory trigger
Section 55 allocates rule-making on National Commission appointments and service conditions, with a special later regime for appointments after the Tribunal Reforms Act, 2021 began.
Preserve the key record
Compare the appointment order with the Tribunal Reforms Act regime before relying on a tenure objection.
Apply the limit
Subsection (1A) overrides subsection (1) for the stated later appointees; subsection (2) protects salary, allowances and service conditions after appointment. These rules concern members, not the merits of a consumer claim.
Outcome
- When an appointment or panel composition matters in a case, identify the appointment date and the governing instrument before evaluating tenure, qualification or removal.
Glossary
- National Commission
- The national consumer dispute redressal forum under Chapter IV of the Act.
- Post-2021 appointment
- An appointment after commencement of the Tribunal Reforms Act, 2021 to which the special subsection (1A) regime applies.
Frequently asked questions
Does section 55 fix one tenure for every National Commission member?
No. Subsection (1) refers to Central Government rules and caps that regime, while subsection (1A) places appointments after commencement of the Tribunal Reforms Act, 2021 under that Act.
Does section 55 protect service terms after appointment?
Yes. Subsection (2) prohibits changing salary, allowances or other service conditions to the appointee’s disadvantage after appointment.
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Contact BizeneedLast updated 10 October 2026