MA Section 32 : Composition of Council
Act
Summary
Section 32 of The Mediation Act, 2023, outlines the composition of the Mediation Council of India. The Council includes a Chairperson and several members appointed by the Central Government, each with expertise in law, mediation, or public affairs. It also includes ex officio members from the Department of Legal Affairs and the Department of Expenditure. Members serve a four-year term, with specific age and reappointment conditions.
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Explanation using Example
Example 1: Appointment of the Chairperson
Introduction: The Central Government is in the process of appointing a new Chairperson for the Mediation Council of India. They are considering Mr. Sharma, a retired judge with extensive experience in mediation and public administration.
Application: According to Section 32(1)(a) of The Mediation Act, 2023, the Chairperson must be a person of ability, integrity, and standing with adequate knowledge and professional experience in law, alternative dispute resolution, preferably mediation, public affairs, or administration. Mr. Sharma's background as a judge and his experience in mediation make him a suitable candidate for this position.
Outcome: If Mr. Sharma is appointed, he will serve as the Chairperson of the Council. His appointment must be made by the Central Government, ensuring compliance with the legal requirements. Failure to appoint a qualified individual could lead to challenges in the Council's effectiveness and potential legal disputes.
Conclusion: By appointing Mr. Sharma, the Central Government ensures that the Mediation Council is led by a qualified individual, thereby enhancing the Council's ability to address mediation-related issues effectively.
Example 2: Term and Re-appointment of Members
Introduction: Ms. Gupta, an academic with expertise in mediation laws, has been appointed as a member of the Mediation Council of India. She is curious about the duration of her term and the possibility of re-appointment.
Application: As per Section 32(2) of The Mediation Act, 2023, members of the Council, other than ex ...
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