Rules 5 and 6 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 5 lists five grounds on which a person is disqualified from being appointed President or member of a State or District Commission. Rule 6 sets the appointment procedure: a State Government appointment on the recommendation of a three-member Selection Committee, advertisement, scrutiny, a written test of two papers and a viva voce of 50 marks, verification of antecedents, a fitness certificate and a no-conflict undertaking.
The instrument is the Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and members of the State Commission and District Commission) Rules, 2020, G.S.R. 452(E) of 15 July 2020, called the Qualification Rules here. This article takes them as amended up to G.S.R. 681(E) dated 21 September 2023, which substituted rule 6(9) and inserted a Schedule. Later amendments should be checked on the Department of Consumer Affairs website. The appointment rules have been the subject of litigation; check the current position before relying on them.
A person is disqualified if convicted and sentenced to imprisonment for an offence involving moral turpitude, adjudged insolvent, of unsound mind and so declared by a court, removed or dismissed from Government or Government-owned service, or in the State Government's opinion has a financial or other interest likely to prejudice his functions. Appointments are made by the State Government on the recommendation of a Selection Committee chaired by the Chief Justice of the High Court or a nominated Judge. Since 2023 the Committee short-lists on a written test of two papers (fifty percent qualifying in each) and a viva voce of 50 marks.
State Governments, candidates and their advisers who need to plan an application can ask for legal consultation on the sequence of steps in rule 6.
Rule 5: disqualification
A person is disqualified for appointment as President or member of a State Commission or District Commission if he:
- has been convicted and sentenced to imprisonment for an offence which involves moral turpitude;
- has been adjudged to be insolvent;
- is of unsound mind and stands so declared by a competent court;
- has been removed or dismissed from the service of the State Government or Central Government or a body corporate owned or controlled by such Government; or
- has, in the opinion of the State Government, such financial or other interest as is likely to prejudicially affect his functions as the President or a member.
The first four are objective: a conviction with a sentence of imprisonment, an insolvency order, a declaration of unsound mind, or removal or dismissal from the named services. The fifth rests on the State Government's opinion. Qualifications are in rules 3 and 4, explained in the article on rules 1 to 4.
Rule 6: procedure of appointment
The Selection Committee: rule 6(1) to (3)
The President and members are appointed by the State Government "on the recommendation of a Selection Committee". It consists of:
| Seat | Person |
|---|---|
| Chairperson | Chief Justice of the High Court or any Judge of the High Court nominated by him |
| Member | Secretary in charge of Consumer Affairs of the State Government |
| Member | Nominee of the Chief Secretary of the State |
The Secretary in charge of Consumer Affairs is the convener (6(2)). Under 6(3), no appointment is invalid merely by reason of any vacancy or absence in the Committee other than a vacancy or absence of the Chairperson. The Chairperson is therefore essential.
Timing and advertisement: rule 6(4) to (6)
- The process is initiated by the State Government at least six months before the vacancy arises (6(4)).
- If a post falls vacant by resignation, death or the creation of a new post, the process begins immediately after the post falls vacant or is created (6(5)).
- The vacancy is advertised, inviting applications from eligible candidates, in leading newspapers and in such other manner as the State Government deems appropriate (6(6)).
Scrutiny and short-listing: rule 6(7) and (8)
After scrutiny of applications received till the last date, a list of eligible candidates with their applications is placed before the Committee (6(7)). The Committee considers all applications of eligible applicants and, if it considers necessary, may short-list them by such criteria as it decides (6(8)).
The test: rule 6(9) as substituted in 2023
Rule 6(9), as substituted by G.S.R. 681(E), says the Selection Committee "shall short-list the applicant on the basis of performance in a written test consisting of two papers as specified in the table below, with the qualifying marks of fifty percent in each paper and there shall be viva voce of 50 marks".
| Paper | Topics | Nature of test | Maximum marks | Duration |
|---|---|---|---|---|
| Paper-I | (a) General knowledge and current affairs; (b) knowledge of the Constitution of India; (c) knowledge of various consumer-related laws as indicated in the Schedule | Objective type | 100 | 2 hours |
| Paper-II | (a) One essay on topics chosen from issues on trade and commerce, consumer-related issues or public affairs; (b) one case study of a consumer case for testing the abilities of analysis and cogent drafting of orders | Descriptive type | 100 | 3 hours |
The Gazette prints the Paper-II duration as "3. hours"; read it as three hours. The viva voce carries 50 marks and the text does not say how the written marks and viva marks combine, so this article does not supply a formula. Fifty percent in each paper is the qualifying mark, so a candidate who scores well in Paper-I but falls below fifty in Paper-II does not qualify.
The Schedule of laws for Paper-I
G.S.R. 681(E) inserted a Schedule, referred to in rule 6(9), listing ten laws:
- The Consumer Protection Act, 2019
- The Legal Metrology Act, 2009
- The Bureau of Indian Standards Act, 2016
- The Competition Act, 2002
- The Food Safety and Standards Act, 2006
- The Drugs and Cosmetics Act, 1940
- The Sale of Goods Act, 1930
- The Real Estate (Regulation and Development) Act, 2016
- The Electricity Act, 2003
- The Insurance Act, 1938
A candidate should check the current text of each of these laws before preparing for Paper-I.
Panel, verification and conditions: rule 6(10) to (13)
- The Committee recommends a panel of names "in the order of merit" for the consideration of the State Government (6(10)).
- The State Government verifies or causes to be verified the credentials and antecedents of the recommended candidates (6(11)).
- Every appointment is subject to submission of a certificate of physical fitness, in the form in the annexure, signed by a civil surgeon or District Medical Officer (6(12)).
- Before appointment, the selected candidate furnishes an undertaking that he does not and will not have any financial or other interest likely to prejudice his functions as President or member (6(13)).
An invented example: a State advertises two vacancies in a District Commission. Of forty applicants, thirty-two are eligible. The Committee holds the test and viva voce, ranks the qualified candidates and sends a panel in order of merit. The State Government checks antecedents, obtains the fitness certificate and the undertaking, and appoints.
Need help with an appointment procedure?
For State departments organising a recruitment or candidates preparing an application, the sequence and documents matter. Our legal consultation team can walk through rules 5 and 6 against your facts and prepare a checklist.
Key takeaways
- Rule 5 lists five disqualifications, including a conviction with imprisonment for moral turpitude, insolvency, unsoundness of mind, removal from Government service and a prejudicial interest in the State Government's opinion.
- Appointment is by the State Government on a Selection Committee's recommendation; the Chairperson cannot be absent without invalidating the process.
- The process starts at least six months before a vacancy, or immediately if a post falls vacant by resignation, death or creation.
- Since 2023 the Committee short-lists on two papers with fifty percent qualifying in each and a viva voce of 50 marks.
- Paper-I includes laws listed in a Schedule of ten Acts.
- Each appointee gives a fitness certificate and a no-conflict undertaking.
Read next
- Rules 1–4: qualifications for State and District Commissions
- Rules 7–10: resignation, removal, inquiry and term of office
- Salary Model Rules 2020: President and members of State and District Commissions
- Sections 29–33: District Commission members, salaries, vacancy and staff
Disclaimer: Based on the rules, regulations and guidelines named above as published in the Gazette of India or on the CCPA website, with the amending notifications the article names (consulted on 3 October 2026). Later amendments, the Consumer Protection Act, 2019 provisions referred to, State rules and CCPA advisories should be checked. This article is general information, not legal advice; check the official text before acting.