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      Question

      What is the minimum qualification prescribed under

      Section 5 for appointment as Presiding Officer of a DRT?
      A Must be a sitting Judge of a High Court Correct Answer Incorrect Answer
      B Must be a retired Judge of the Supreme Court Correct Answer Incorrect Answer
      C Must have practised as an advocate for at least 15 years Correct Answer Incorrect Answer
      D Must be a Grade I member of the Indian Legal Service for 3 years Correct Answer Incorrect Answer
      E Must be or have been or be qualified to be a District Judge Correct Answer Incorrect Answer

      Solution

      Section 5 prescribes that a person shall not be qualified for appointment as Presiding Officer unless he is, or has been, or is qualified to be, a District Judge. This is the minimum qualification reflecting the first-instance adjudicatory nature of the DRT. By contrast, the DRAT Chairperson under Section 10 requires: (a) being or having been a High Court Judge; OR (b) being a Grade I Indian Legal Service member for at least 3 years; OR (c) having served as DRT Presiding Officer for at least 3 years. The 'qualified to be a District Judge' formulation also enables qualified persons who have not yet been appointed as District Judge to be eligible.

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