Section 32 of the Mediation Act 2023: Composition of Mediation Council of India
Section 32 specifies who constitutes the Mediation Council of India, the qualifications for appointed members, ex officio representation, tenure, age limits and the statutory basis for salary and allowances.
Section 32 - Composition of Council
Chairperson: A person of ability, integrity and standing having adequate knowledge and professional experience, or demonstrated capacity, in law, alternative dispute resolution preferably mediation, public affairs or administration, appointed by the Central Government.
Member with mediation or ADR legal experience: A person having knowledge and experience in law relating to mediation or alternative dispute resolution mechanisms, appointed by the Central Government.
Member from research or teaching: An eminent person having experience in research or teaching in mediation and alternative dispute resolution laws, appointed by the Central Government.
Department of Legal Affairs: The Secretary to the Government of India in the Department of Legal Affairs, Ministry of Law and Justice, or a representative not below the rank of Joint Secretary, serves as an ex officio Member.
Department of Expenditure: The Secretary to the Government of India in the Department of Expenditure, Ministry of Finance, or a representative not below the rank of Joint Secretary, serves as an ex officio Member.
Chief Executive Officer: The Chief Executive Officer serves as Member-Secretary, ex officio.
Commerce and industry representative: One representative of a recognised body of commerce and industry, chosen by the Central Government, serves as a Part-Time Member.
Term of office and re-appointment
Under Section 32(2), members other than ex officio members hold office for a term of four years from the date on which they enter office and are eligible for re-appointment, subject to the statutory age limits.
Age limits under Section 32
A non-ex officio member cannot continue in office after attaining the prescribed maximum age. The age ceiling is 70 years for the Chairperson and 67 years for other members.
Part-time Chairperson and full-time Member requirement
The second proviso to Section 32(2) provides that where the Chairperson is appointed on a part-time basis, at least one of the members appointed under clause (b) or clause (c) must be a Full-Time Member. This ensures a full-time professional presence within the Council's appointed membership structure.
Salary, allowances and service conditions
Section 32(3) provides that the salaries, allowances and other terms and conditions of members other than ex officio members are to be prescribed. The Central Government notified the Mediation Council of India (Salary, Allowances and other Terms and Conditions of Service of Chairperson and Members) Rules, 2024 on 13 June 2024. The Rules were made under Section 51(2) read with Section 32(3) and came into force on publication in the Official Gazette.
Section 32(4) separately provides that a member is entitled to travelling and other allowances as may be prescribed.
Relationship with Section 31
Section 31 provides for establishment and incorporation of the Mediation Council of India. Section 32 then specifies the persons and offices that make up the Council. Both Sections 31 and 32 were among the provisions brought into force on 9 October 2023.
Chief Executive Officer under Section 37
The Chief Executive Officer referred to in Section 32(1)(f) is also dealt with in Section 37, which concerns the Secretariat and Chief Executive Officer of the Council. The CEO is an ex officio Member-Secretary under Section 32.
Why the composition is significant
- The Council combines professional mediation and ADR expertise with public administration and academic experience.
- The Department of Legal Affairs and Department of Expenditure have statutory ex officio representation.
- The Council includes representation from commerce and industry through a part-time member.
- The statutory structure distinguishes appointed members from ex officio members for tenure and service-condition purposes.
- The four-year tenure is subject to re-appointment and the statutory maximum ages.
Related provisions
Section 32 should be read with Section 31 on establishment of the Council, Section 33 on vacancies, Section 34 on resignation, Section 35 on removal, Section 37 on the Secretariat and CEO and Section 38 on duties and functions.