Sections 63 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.
Section 63 says who performs the duties of the President of the National Commission when the office is vacant or the President cannot act. Section 64 protects the work of the District, State and National Commissions from being struck down only because a member's seat is vacant or the Commission was not properly constituted. For a consumer or business with a pending order, section 64 is the more practical of the two, and our legal consultation team can help you read what it does and does not protect.
When the office of President of the National Commission is vacant, or the President is unable to perform the duties by reason of absence or otherwise, the duties are performed by the senior-most member (s.63). Where a retired High Court Judge or a Judicial Member sits on the Commission, that member (or the senior-most among them) presides instead. Under section 64, no act or proceeding of the District, State or National Commission is invalid by reason only of a vacancy among its members or a defect in its constitution.
The two sections at a glance
| Section | Applies to | Rule |
|---|---|---|
| 63 | National Commission only | Senior-most member performs the President's duties during a vacancy or inability; a retired High Court Judge or Judicial Member presides if one is a member |
| 64 | District, State and National Commissions | No invalidity by reason only of a vacancy among members or a defect in constitution |
Section 63: when the President's office is vacant
The main rule: "When the office of President of the National Commission is vacant or a person occupying such office is, by reason of absence or otherwise, unable to perform the duties of his office, these shall be performed by the senior-most member of the National Commission."
There are two triggers:
- The office is vacant. There is no President in position.
- The President is unable to perform the duties. The words "by reason of absence or otherwise" cover illness, leave or any other reason; "or otherwise" is not limited to absence.
In either case "the duties of his office" pass to the senior-most member. The duties are all the duties of the President under the Act, so they include the ones the Act names elsewhere, such as constituting Benches under section 58(2) and the administrative role under section 70. See section 58 on jurisdiction and Benches.
The proviso: a retired High Court Judge or a Judicial Member
"Provided that where a retired Judge of a High Court or a person who has been a Judicial Member is a member of the National Commission, such member or where the number of such members is more than one, the senior-most person amongst such members, shall preside over the National Commission in the absence of President of that Commission."
Read this carefully:
| Situation | Who presides |
|---|---|
| No retired High Court Judge or Judicial Member among the members | Senior-most member of the Commission |
| One such member | That member |
| More than one such member | The senior-most among them |
- The proviso overrides the general rule when it applies, because it names a particular class of members who "shall preside".
- The proviso uses the words "in the absence of President", whereas the main rule also covers a vacancy. The text does not say whether the proviso applies in a vacancy too. It is a drafting gap that this article flags without correcting.
- "Senior-most" is not defined. The text does not say whether seniority is by age, by date of appointment or by something else.
- Neither the rule nor the proviso says how long such a person may carry on, who appoints a new President, or whether the person gets the President's casting vote or other powers beyond "the duties of his office".
Example. The President of the National Commission retires on 30 June and the post is not filled for some months. The senior-most member, Ms Rao, performs the President's duties. If the Commission also had a retired High Court Judge as a member, the proviso would put that member in the chair instead.
Section 64: vacancies and defects do not invalidate orders
"No act or proceeding of the District Commission, the State Commission or the National Commission shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof."
This one sentence does a lot of work. Take its words in turn:
- "Act or proceeding". The protection covers what the Commission does, such as hearing a case, and the proceedings as a whole, which include orders made.
- All three Commissions. Unlike section 63, section 64 names the District, State and National Commissions.
- "By reason only of". The word "only" matters. If an order is open to challenge on another ground, such as no hearing being given to a party, section 64 does not cure that. It shuts off one argument only: that the Commission was short of members, or was defectively constituted.
- "Any vacancy amongst its members". The text speaks of members. Whether a vacant office of President counts as "a vacancy amongst its members" is not spelled out; section 63 separately covers the President's office.
- "Any defect in the constitution". The Act does not say what counts, for example a defect in a member's appointment or in the number of members who sit. The section's printed heading refers to "defects in appointment not to invalidate orders", but the operative words talk of "defect in the constitution".
Example. A State Commission has one member's post vacant for a year. A seller who lost a complaint argues that the order is invalid because the full strength of members was not in place. Section 64 answers that argument: a vacancy alone does not invalidate the Commission's proceedings. If the seller was never served with notice, though, that is a separate point; see section 65 on service of notice.
What the text leaves out
- Quorum or minimum strength. Sections 63 and 64 give no minimum number of members needed to hear a case. Look at the sections on Benches and on each Commission's constitution for that.
- Filling the vacancy. Appointment of a President is dealt with elsewhere in the Act. These two sections only keep the work going.
- State and District Commissions' President. Section 63 speaks only of the National Commission. It says nothing about who acts when the President of a State or District Commission is absent.
Need help with a challenge based on the Commission's constitution?
If an order against you was passed while members were absent or seats were vacant, or you want to know how far section 64 protects it, read the order and the Commission's composition on the date of the hearing. Our team can look at the facts and the order with you. Reach out through our legal consultation page and bring the order and cause list.
Key takeaways
- Section 63: the senior-most member performs the President's duties in a vacancy or inability.
- A retired High Court Judge or Judicial Member presides in the President's absence under the proviso.
- Section 64 covers all three levels of Commission.
- A vacancy or defect in constitution alone does not make an act or proceeding invalid.
- Other grounds for challenging an order stay open.
Read next
- Sections 61–62: setting aside ex parte orders and transfer of cases
- Section 65: service of notice
- Sections 53–57: establishment, members and staff of the National Commission
- Consumer Disputes Redressal Commission: District, State and National Level Guide
Disclaimer: Based on the Consumer Protection Act, 2019 as enacted, as consulted on 1 October 2026. Monetary limits, fees and procedure are set or revised by rules and regulations made under the Act and should be checked in their current form. This article is general information, not legal advice; check the official text before acting.