In Brief
Presiding Officers of Debt Recovery Tribunals appointed before the September 2016 amendment to the Recovery of Debts and Bankruptcy Act, 1993 challenged their forced retirement at age 62. The original rule limited tenure to five years or age 62, whichever was earlier. The amendment extended this to age 65. The Court held that the amended provision applies to incumbent officers. The use of 'substituted' in legislative drafting means the old rule is entirely replaced and applies to all persons in the affected position when the amendment takes effect. The legislative purpose—reducing case pendency by retaining experienced judges—supported this reading. The Court distinguished C. Gupta, where an amendment was genuinely prospective, and allowed the petitions, permitting officers to continue until age 65 or completion of five years."
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