A Bill Has Already Been Passed: Supreme Court Junks Plea Seeking Mandatory Pre-Litigation Mediation Centers
The Supreme Court recently refused to entertain a petition under Article 32 of the Constitution of India, seeking mandatory directions in respect of pre-litigation mediation. The bench observed that the reliefs sought essentially fell within the legislative domain. The plea was filed by the Youth Bar Association of India.
While dismissing the plea, the Court also considered the fact that a Mediation Bill 2023 was passed on August 1, 2023 by the Rajya Sabha and on August 7, 2023 by the Lok Sabha.
A bench of Chief Justice of India D.Y. Chandrachud Justice J.B. Pardiwala and, Justice Manoj Misra heard the matter.
It was also noted that the provisions for pre-litigation conciliation and settlement are already provided under Chapter VIA of the Legal Services Authorities Act 1987. Further, Chapter IIIA of the Commercial Courts Act 2015 also incorporates Section 12A providing for pre-institution mediation and settlement.
Senior Advocate J.M. Sharma and Advocate Sanpreet Singh Ajmani appeared for the petitioner and ASG K.M. Nataraj, AOR Charu Mathur, K Parameshwar appeared for the respondent.
At the outset, Justice Chandrachud showing reluctance asked, can the Court even entertain the plea.
Arguing for the respondents, Parameshwar drawing the court’s attention to the prayers, submitted that a few respondents are yet to file their response in the plea, as the nature of prayers were quite wide.
“…This will have very serious consequences on the law of limitation, the petitioner doesn’t seem to be realizing that”, he added further.
To that Singh then submitted that he can consider moulding his prayers.
However, Justice Chandrachud quickly commented, “The question is, why should we entertain these kinds of petitions in the first place, you see”.
“Notices were issued (in the plea earlier), made it returnable, then the response was sought milord”, Singh said in response.
Pursuant to which, Justice Chandrachud while denying to accept any of the contentions, said, “We will close the matter right now”.
It is pertinent to note that the prayers that were sought in petition were:
a) Direct the respondents to consider mandatory 'Pre-Litigation Mediation' and to take appropriate measures to provide for mandatory 'Pre-litigation' mediation;
b) Issue guidelines or formulate a Standard Operating Procedure (SoP) so as to give immediate effect to the functioning of 'Pre-Litigation Mediation
c) Direct parties in certain type of non-urgent matters such as commercial cases, partition suits, probation petitions and, such other categories as this Hon'ble Court may deem fit, to first exhaust mandatory pre-litigation mediation at a court annexed mediation centre or such other centre as this Hon'ble Court may deem fit.
Resultantly, the bench dismissed the petition.
Cause Title: Youth Bar Association of India & Anr. v Union of India & Ors.
Click here to read/download the Order
