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MPs’ panel oppose Mediation Bill

GS Paper 2

Syllabus: Parliament- Structure, functioning and conduct of business, parliamentary committees etc

 

Source: The Hindu

Context:

  • The Parliamentary Standing Committee on Law and Justice, headed by Sushil Kumar Modi, has recommended substantial changes to the Mediation Bill, meant for the institutionalization of mediation and establishment of the Mediation Council of India.
  • The panel cautioned against making pre-litigation mediation compulsory and warned the Centre against the provision to give higher courts the power to frame rules for mediation.

 

Current Affairs

 

Key Issues:

  • Clause 26 of the Bill: It provides for the court-annexed mediation
    • This clause gives the powers to the court to make rules for ‘court-annexed mediation’, which is unconstitutional.
  • Pre-litigation mediation mandatory: Making pre-litigation mediation mandatory may actually result in the delaying of cases and may prove to be an additional tool in the hands of truant litigants to delay the disposal of cases.
  • Non-applicability of provisions to non-commercial matters: Non Applicability of the provisions of the Bill to disputes/matters of non-commercial nature involving the Government and its agencies.
  • Appointment of chairperson and members: Appointment of the Chairperson and Members of the Mediation Council of India should be made by a Selection Committee constituted by the Centre.

 

Insta Links:

Mediation bill, 2021

Parliamentary committees

 

Practice Questions:

Q. Parliamentary oversight regulation is necessary for the effective functioning and implementation of government policies. Analyze. (15M)

Q. Do Department-related Parliamentary Standing Committees keep the administration on its toes and inspire reverence for parliamentary control? Evaluate the working of such committees with suitable examples. (UPSC 2021)

 

Q. Consider the following statements:

  1. The Parliamentary estimates committee has 30 members, all from the Lok Sabha.
  2. Both the public accounts committee and the committee on public undertakings have 22 members.

Which of the statements given above is/are correct?

a. 1 only

b. 2 only

c. Both 1 and 2

d. Neither 1 nor 2

Ans: (c)

Justification:

Composition of Financial Committees:

  • The estimates committee has 30 members, all from the Lok Sabha.
  • Both the public accounts committee and the committee on public undertakings have 22 members each — 15 elected from the Lok Sabha and seven from the Rajya Sabha.