Section 34 of the Mediation Act 2023: Resignation of a Council Member
Section 34 prescribes how a Member of the Mediation Council of India may resign and determines when the Member may cease to hold office after submitting the resignation notice.
Section 34 - Resignation
A Member may resign from office by giving a written notice under his hand addressed to the Central Government.
Unless the Central Government permits the Member to relinquish office earlier, the Member continues to hold office until the earliest of the following events:
- expiry of three months from the date on which the resignation notice is received;
- a duly appointed successor entering upon office; or
- expiry of the Member's existing term of office.
Written notice to the Central Government
Section 34 requires the resignation to be made by notice in writing addressed to the Central Government. The provision therefore establishes a formal statutory method for a Member who wishes to resign from the Council.
Resignation is not necessarily immediate
Submission of the notice does not automatically mean that the Member's office ends on the same day. The proviso creates a continuity mechanism under which the Member ordinarily continues for the period specified in Section 34 unless the Central Government allows earlier relinquishment.
Three alternative end points
Where earlier relinquishment is not permitted, Section 34 uses the expression "whichever is earlier". The Member therefore ceases to continue under the proviso when the first of the three statutory events occurs: three months from receipt of notice, assumption of office by a duly appointed successor, or expiry of the Member's term.
Power to permit earlier relinquishment
The Central Government may permit the resigning Member to relinquish office sooner. This statutory power allows the ordinary continuation requirement to be shortened where such permission is granted.
Relationship with Section 32
Section 32 governs the composition of the Mediation Council of India and provides the tenure framework for members other than ex officio members. Section 34 operates within that institutional framework by prescribing the procedure and timing for resignation from office.
Relationship with vacancies under Section 33
Section 33 provides that an act or proceeding of the Council is not invalid merely because of a vacancy or specified defect in the Council's constitution. This provision supports continuity of Council proceedings where a vacancy arises, including after a resignation takes effect.
Removal is different from resignation
Resignation under Section 34 is distinct from removal under Section 35. Section 34 concerns a Member's voluntary decision to leave office through written notice, whereas Section 35 specifies circumstances in which the Central Government may remove a Member from office.
Commencement of Section 34
Section 34 is in force from 9 October 2023. Notification S.O. 4384(E), issued by the Ministry of Law and Justice, Department of Legal Affairs, brought Sections 31 to 38 of the Mediation Act, 2023 into force on that date.
Key legal points
- A Member resigns by written notice addressed to the Central Government.
- The Member does not necessarily leave office immediately upon sending the notice.
- The Central Government may permit the Member to relinquish office sooner.
- Otherwise, continuation lasts until the earliest statutory event specified in the proviso.
- The maximum continuation period under the first limb is three months from receipt of the notice.
- A successor entering office or expiry of the Member's term may end the continuation earlier.
- Section 34 has been in force since 9 October 2023.
Related provisions
Section 34 should be read with Section 31 on establishment of the Council, Section 32 on composition, Section 33 on vacancies and Section 35 on removal.