Section 55 IT Act: Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings

Information Technology Act, 2000

Section 55 IT Act at a Glance

Section 55 IT Act makes Central Government orders appointing the Chairperson or a Member of an Appellate Tribunal final and beyond challenge. It also protects acts and proceedings before an Appellate Tribunal from challenge merely because of a defect in its constitution.

Section 55 IT Act Bare Act Text

55. Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings.

No order of the Central Government appointing any person as the Chairperson or the Member of a Appellate Tribunal shall be called in question in any manner and no act or proceeding before a Appellate Tribunal shall be called in question in any manner on the ground merely of any defect in the constitution of a Appellate Tribunal.

Amendments to this section
  • Subs. by Act 10 of 2009, s. 29, ibid., for "Presiding Officer" (w.e.f. 27-10-2009).
  • Subs. by 7 of 2017, s. 169, for "Cyber Appellate Tribunal" (w.e.f. 26-5-2017).

Section 55 IT Act in Simple Words

Section 55 IT Act protects the appointments and proceedings of an Appellate Tribunal from legal challenge over appointment orders or defects in how the Tribunal is constituted.

First, Section 55 IT Act states that no order of the Central Government appointing any person as the Chairperson or a Member of an Appellate Tribunal can be called in question (challenged in a legal forum) in any manner.

Second, Section 55 IT Act states that no act or proceeding before an Appellate Tribunal can be called in question in any manner merely on the ground of any defect in the constitution (the formation or setup) of an Appellate Tribunal. The bar on challenging acts and proceedings applies where the challenge rests solely on a defect in constitution. Section 55 IT Act was amended by Act 10 of 2009 with effect from 27 October 2009, and by Act 7 of 2017 with effect from 26 May 2017.

When Section 55 IT Act Applies

  • No order of the Central Government appointing any person as the Chairperson or a Member of an Appellate Tribunal can be called in question in any manner.
  • No act or proceeding before an Appellate Tribunal can be called in question in any manner merely on the ground of any defect in the constitution of an Appellate Tribunal.

Example of Section 55 IT Act

Hema, an electronics dealer in Gaya, loses an appeal filed under Section 57 IT Act before an Appellate Tribunal. Hema then seeks to challenge the Central Government's order appointing a Member who heard the appeal, and also seeks to invalidate the Appellate Tribunal's proceeding solely because of a defect in the constitution of the Appellate Tribunal. Under Section 55 IT Act, the Central Government's order appointing the Chairperson or a Member cannot be called in question in any manner. Under the same provision, the proceeding before the Appellate Tribunal cannot be called in question merely on the ground of a defect in the constitution of the Appellate Tribunal.

When Section 55 IT Act Does Not Apply

  • Where an act or proceeding before an Appellate Tribunal is challenged on a ground other than merely a defect in the constitution of the Appellate Tribunal.

FAQs on Section 55 IT Act

What is Section 55 IT Act?▼

Section 55 IT Act bars any challenge to a Central Government order appointing the Chairperson or a Member of an Appellate Tribunal. It also bars challenging any act or proceeding before an Appellate Tribunal merely because of a defect in the constitution of the Appellate Tribunal.

Can a party challenge a Central Government order appointing a Member of an Appellate Tribunal under Section 55 IT Act?▼

No. Section 55 IT Act states that no order of the Central Government appointing any person as the Chairperson or a Member of an Appellate Tribunal may be called in question in any manner.

Does a defect in the constitution of an Appellate Tribunal invalidate its proceedings under Section 55 IT Act?▼

No. Under Section 55 IT Act, no act or proceeding before an Appellate Tribunal can be called in question in any manner merely on the ground of any defect in its constitution.

Does Section 55 IT Act block every challenge to an Appellate Tribunal's order on the merits of the dispute?▼

No. For acts and proceedings before an Appellate Tribunal, Section 55 IT Act bars challenges resting merely on a defect in the constitution of the Appellate Tribunal.

Have questions about Section 55 IT Act?

Ask NyayGuru about your situation and get an answer based on the Information Technology Act, 2000.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Information Technology Act, 2000 ·