Section 6 of the Administrative Tribunals Act, 1985: Qualifications for CAT Chairman and Members

Section 6 of the Administrative Tribunals Act, 1985 deals with the qualifications and appointment framework for the Chairman and Members of Administrative Tribunals. For present-day appointments, however, Section 6 must be read together with Section 10B of the 1985 Act, the Tribunals Reforms Act, 2021 and the Tribunal (Conditions of Service) Rules, 2021.

Updated: 14 September 2026

Current-law note: Section 10B of the Administrative Tribunals Act provides that appointments made after the commencement of the Tribunals Reforms Act, 2021 are governed by Chapter II of the 2021 Act. Accordingly, the current eligibility criteria for appointment as Chairman, Judicial Member or Administrative Member are principally found in the Tribunal (Conditions of Service) Rules, 2021, as amended from time to time.
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What does Section 6 of the Administrative Tribunals Act, 1985 provide?

Section 6, as substituted by the Administrative Tribunals (Amendment) Act, 2006, sets out qualifications for appointment as Chairman, Administrative Member and Judicial Member and also contains provisions relating to appointment of Members of Central, State and Joint Administrative Tribunals.

Chairman

Under the text of Section 6, a person is qualified for appointment as Chairman if he is, or has been, a Judge of a High Court. The provision also contains a saving for a person who had been appointed as Vice-Chairman before commencement of the 2006 amendment and had held that office for the prescribed period.

Administrative Member

Section 6 historically prescribed senior civil-service experience for appointment as an Administrative Member, including experience at the level of Secretary or Additional Secretary to the Government of India, or an equivalent post under the Central or a State Government, subject to the detailed conditions stated in the provision.

Judicial Member

Section 6 historically prescribed judicial or senior legal-administration experience for appointment as a Judicial Member, including eligibility connected with being a High Court Judge or holding specified senior posts in the Department of Legal Affairs, Legislative Department or Law Commission of India.

Appointment provisions in Section 6

The substituted Section 6 also provides for appointment of the Chairman and Members of the Central Administrative Tribunal after consultation with the Chief Justice of India and contains related provisions for State and Joint Administrative Tribunals.

Current law after the Tribunals Reforms Act, 2021

The legal position for new appointments changed materially after the Tribunals Reforms Act, 2021. Section 10B of the Administrative Tribunals Act gives overriding effect to the later statutory framework for appointments made after commencement of the 2021 Act. Chapter II of the Tribunals Reforms Act, 2021 authorises the Central Government to prescribe qualifications and other service conditions by rules and establishes the Search-cum-Selection Committee mechanism.

Practical effect: Section 6 remains relevant to the structure and legislative history of the Administrative Tribunals Act, but a person checking eligibility for a current CAT vacancy should verify the Tribunals Reforms Act, 2021, the Tribunal (Conditions of Service) Rules, 2021 and the latest vacancy notification issued by the Department of Personnel and Training.

Current qualifications for CAT Chairman and Members

Rule 3(5) of the Tribunal (Conditions of Service) Rules, 2021 prescribes the present qualification framework for Tribunals constituted under the Administrative Tribunals Act, 1985. The following is a concise summary.

Post Current qualification framework
Chairman A person must be or have been a Judge of a High Court, or have held office for at least three years as an Administrative Member or Judicial Member in the Central Administrative Tribunal.
Judicial Member Eligibility includes a person who is or has been a Judge of a High Court; has held the specified senior legal-administration post; has the prescribed combined service as District Judge and Additional District Judge; or has the prescribed period of advocacy with substantial experience in service-matter litigation before the specified tribunals and constitutional courts.
Administrative Member A person must have held the post of Additional Secretary to the Government of India or another Central or State Government post carrying a pay scale not less than that of an Additional Secretary, subject to the applicable rules and vacancy notification.

In addition, the Tribunals Reforms Act, 2021 provides a minimum-age condition for appointment: a person who has not completed fifty years is not eligible for appointment as Chairperson or Member. Applicants should always check the latest official vacancy circular because it may state the relevant cut-off date, documentary requirements and selection procedure.

How are CAT appointments made?

Under the Tribunals Reforms Act, 2021, appointment is made by the Central Government on the recommendation of the Search-cum-Selection Committee constituted under the Act. The statutory framework also regulates the Committee composition, selection process, tenure and other service conditions.

A current appointment exercise should therefore be checked against three layers of law: the Administrative Tribunals Act, 1985, especially Section 10B; the Tribunals Reforms Act, 2021; and the Tribunal (Conditions of Service) Rules, 2021, together with amendments and the latest Department of Personnel and Training notification.

Meaning of key terms

  • Administrative Tribunal: A Tribunal established under Section 4 of the Administrative Tribunals Act, 1985 for adjudication of service matters within its statutory jurisdiction.
  • Judicial Member: A Member appointed to the judicial stream of the Tribunal in accordance with the qualifications prescribed by the applicable law and rules.
  • Administrative Member: A Member appointed to the administrative stream on the basis of the senior governmental service qualifications prescribed by the applicable law and rules.
  • Chairman: The head of the Tribunal. For the current appointment framework, the expression must also be read with the definition of "Chairperson" in the Tribunals Reforms Act, 2021.

Official legal resources

For the current statutory text and appointment requirements, consult the official sources below:

Related provisions of the Administrative Tribunals Act, 1985

Section 6 should be read with the provisions dealing with establishment and composition of Tribunals, tenure, service conditions, jurisdiction and applications before the Tribunal.

This page is intended as a legal-information article. For an appointment, pending selection or litigation issue, verify the latest Gazette notification, rules and vacancy circular applicable on the relevant date.