Section 33 of the Mediation Act 2023: Vacancies Not to Invalidate Council Proceedings

Section 33 protects acts and proceedings of the Mediation Council of India from becoming invalid merely because of specified vacancies, defects in its constitution or appointments, or procedural irregularities that do not affect the merits.

Section 33 - Vacancies and validity of proceedings

Purpose of Section 33

The provision is a statutory continuity safeguard. Its object is to prevent the functioning of the Council from being automatically defeated by specified institutional or procedural defects that do not, by themselves, justify invalidating the act or proceeding concerned.

The words "merely by reason of" are important. Section 33 does not state that every defect or irregularity is irrelevant. Instead, it identifies particular circumstances that, standing alone, do not invalidate an act or proceeding of the Council.

Vacancy or defect in constitution of the Council

Clause (a) covers a vacancy in the Council as well as a defect in its constitution. The composition of the Council is prescribed by Section 32. Section 33 ensures that the mere existence of a vacancy or a defect of the kind contemplated by clause (a) does not automatically invalidate the Council's acts or proceedings.

Defect in appointment of a Member

Clause (b) applies where there is a defect in the appointment of a person as a Member of the Council. The statutory protection is directed to the validity of the Council's act or proceeding and prevents invalidity from following merely because such an appointment defect exists.

Procedural irregularity and the merits test

Clause (c) protects an act or proceeding from invalidity where there is an irregularity in the Council's procedure that does not affect the merits of the case. The statutory qualification is significant: the protection is expressly linked to whether the procedural irregularity affects the merits.

Accordingly, Section 33 should not be read as a general provision excusing every procedural defect. Its text distinguishes an irregularity that does not affect the merits from one that may have a substantive effect.

Relationship with Sections 31 and 32

Section 31 provides for establishment and incorporation of the Mediation Council of India, while Section 32 prescribes its composition. Section 33 supports continuity of Council proceedings despite the limited defects specifically identified in the provision.

Commencement of Section 33

Section 33 is in force. Notification S.O. 4384(E), dated 9 October 2023, appointed 9 October 2023 as the commencement date for Sections 31 to 38 of the Mediation Act, 2023, including Section 33.

Key legal points

• Section 33 applies to acts and proceedings of the Mediation Council of India.
• A vacancy or defect in the Council's constitution does not by itself invalidate an act or proceeding.
• A defect in appointment of a Council Member does not by itself invalidate an act or proceeding.
• A procedural irregularity is protected by clause (c) only where it does not affect the merits of the case.
• The section promotes institutional continuity while retaining the express merits-based qualification for procedural irregularities.
• Section 33 has been in force since 9 October 2023.

Related provisions

Section 33 should be read with Section 31 on establishment of the Council, Section 32 on composition, Section 34 on resignation, Section 35 on removal and Section 38 on duties and functions of the Council.