as per my understanding Independent Director can be retired because in section 152 (6)(a) "Unless the articles provide for the retirement of all directors at every annual general meeting" so we can say that every director can be retired if article provided.
let's considered other views
As per section 152 other directors than independent directors must retire at AGM but you have a contract between managing director as they canot be retired by rotation. Doing this agreement or mentioning in its AOA is just overwriting the laws of companies act 2013 which is not allowed , as company law cannot be overwrite by aoa or an agreement
.In case a public company has three directors. Out of three directors 1 director is an independent director whose office is not liable to retire by rotation, 1 director is a managing director appointed for a fixed term and 1 is the promoter director/ director appointed pursuant to share purchase agreement/ nominee director etc. whose office also is not liable to retirement by rotation. How can such a company ensure the compliance of section 152 (6) and (7)?
Ans. In such situations it is advised that companies appoint such number of nonexecutive directors whose office is liable to retire by rotation and thereby ensure compliance of Section 152(6) and (7).