Section 47 of Mediation Act 2023 - Power of Central Government to Issue Directions
Section 47 of the Mediation Act, 2023 governs the Central Government's power to issue written directions to the Mediation Council of India on questions of policy. The Council is bound by such directions while exercising its statutory powers and performing its functions, but its views must first be taken into consideration.
Section 47 - Power of Central Government to issue directions
47. (1) Without prejudice to the foregoing provisions of this Act, the Council shall, in exercise of its powers or the performance of its functions under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time:
Provided that the views of the Council shall be taken into consideration before any direction is given under this sub-section.
(2) The decision of the Central Government whether a question is one of policy or not shall be final.
What does Section 47 mean?
Section 47 creates a statutory relationship between the Central Government and the Mediation Council of India in relation to questions of policy. When the Council exercises powers or performs functions under the Mediation Act, it is bound by written policy directions issued by the Central Government in accordance with this provision.
The power is not expressed as a general authority to replace every statutory decision of the Council. The text specifically concerns directions on questions of policy. The distinction is important because the Council also has powers and functions assigned directly to it under the Act.
Directions must be in writing
Section 47(1) expressly requires that a policy direction from the Central Government be given in writing. This provides a formal statutory record of the direction and identifies the policy instruction by which the Council is required to be bound.
Council's views must be considered first
The proviso to Section 47(1) requires the views of the Council to be taken into consideration before a direction is issued. The provision therefore creates a consultation requirement before the Central Government exercises its statutory power to give a policy direction.
The Act requires consideration of the Council's views, while the ultimate policy direction, once validly issued in writing under Section 47, binds the Council in the exercise of its powers and performance of its functions.
Who is the Council?
The Mediation Council of India is the statutory Council established under Section 31 of the Mediation Act, 2023. Chapter VIII of the Act contains provisions concerning its establishment, composition, administration and functions.
Among other matters, Section 38 assigns functions to the Council relating to promotion of domestic and international mediation, registration of mediators, recognition of mediation institutes and mediation service providers, standards for professional and ethical conduct, education and certification, and related regulatory functions specified by the Act.
What is a question of policy?
Section 47 does not provide a separate exhaustive definition of the expression "question of policy". Instead, Section 47(2) expressly provides that the decision of the Central Government as to whether a question is one of policy or not shall be final for the purposes of this statutory mechanism.
This clause should be read with Section 47(1), which limits the binding direction mechanism to questions of policy and requires the direction to be in writing after the Council's views have been taken into consideration.
Meaning of "without prejudice to"
Section 47 begins with the words "Without prejudice to the foregoing provisions of this Act". In statutory drafting, this expression generally indicates that the provision is intended to operate without taking away from, or limiting, the preceding provisions of the Act. Accordingly, the policy-direction power in Section 47 operates within the wider statutory framework governing the Council.
Relationship with Section 38
Section 38 specifies the functions of the Mediation Council of India. Section 47 adds a policy oversight mechanism: while exercising those statutory powers and functions, the Council must comply with written policy directions issued by the Central Government under Section 47.
The two provisions therefore perform different roles. Section 38 identifies what the Council is empowered or required to do, while Section 47 regulates the Council's obligation to follow Central Government directions on questions of policy.
Key requirements of Section 47
- The direction must concern a question of policy.
- The direction must be given by the Central Government.
- The direction must be in writing.
- The views of the Mediation Council of India must be taken into consideration before the direction is given.
- Once issued under Section 47, the Council is bound by the policy direction while exercising its powers or performing its functions under the Act.
- The Central Government's decision on whether a question is one of policy is declared final by Section 47(2).
- Section 47 has been in force since 9 October 2023.
Official legal sources
For the authoritative statutory text and commencement notification, refer to the official Government of India sources.
Department of Legal Affairs - Mediation Act, 2023 official text
Department of Legal Affairs - Commencement Notification dated 9 October 2023
Department of Legal Affairs - Acts, notifications and Mediation Act materials