MA Section 32 : Composition of Council

Summary

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 officio members, hold office for a term of four years and are eligible for re-appointment. However, Ms. Gupta cannot hold office after attaining the age of sixty-seven years.

Outcome: Ms. Gupta will serve a four-year term and may be re-appointed for another term, provided she has not reached the age limit. If she reaches the age of sixty-seven during her term, she must vacate her position, ensuring compliance with the age restriction.

Conclusion: Understanding the term limits and age restrictions helps Ms. Gupta plan her tenure and potential re-appointment, ensuring she complies with the legal provisions.

Example 3: Ex Officio Members and Their Role

Introduction: Mr. Verma, a Joint Secretary in the Department of Legal Affairs, is appointed as an ex officio member of the Mediation Council of India.

Application: Section 32(1)(d) of The Mediation Act, 2023, specifies that the Secretary to the Government of India in the Department of Legal Affairs or their representative not below the rank of Joint Secretary shall be an ex officio member of the Council. Mr. Verma's appointment aligns with this provision.

Outcome: As an ex officio member, Mr. Verma will participate in Council meetings and contribute to decision-making processes without a fixed term limit, as his membership is tied to his official position.

Conclusion: Mr. Verma's role as an ex officio member ensures that the Council benefits from the expertise and insights of senior government officials, facilitating informed decision-making.

Example 4: Part-Time Member from Commerce and Industry

Introduction: The Central Government is selecting a representative from a recognized body of commerce and industry to serve as a part-time member of the Mediation Council of India.

Application: According to Section 32(1)(g) of The Mediation Act, 2023, one representative from a recognized body of commerce and industry is to be appointed as a part-time member. This ensures that the Council includes perspectives from the business sector.

Outcome: The selected representative will participate in Council activities on a part-time basis, bringing valuable insights from the commerce and industry sector to the Council's deliberations.

Conclusion: Including a representative from commerce and industry helps the Council address mediation issues that impact businesses, fostering a balanced approach to dispute resolution.