Ministry of Law and Justice

Year End Report 2023

Mediation Act, 2023: a pivotal reform towards providing

comprehensive recognition to mediation

Arbitration Council of India established for the purpose of inter-

alia framing policies governing the grading of arbitral institutions
and recognizing professional institutes' providing accreditation
of arbitrators

Handbook titled ‘A Guide to Alternative Dispute Resolution’

released on ‘Constitution Day’
Posted On: 15 DEC 2023 4:53PM by PIB Delhi

MEDIATION ACT, 2023

The Government has taken various steps and measures towards revitalizing and strengthening the
contract enforcement and commercial dispute resolution regime including alternative dispute resolution, to
enable ease of doing business and boost investor confidence. The legislative interventions and policy
initiatives in the field have gone a long way in highlighting India as a rule of law prevailing jurisdiction.

In furtherance to this and to have a consolidated law on mediation, the Mediation Act, 2023 has been
passed. Mediation law will prove to be a pivotal reform towards providing comprehensive recognition to
mediation and enabling the growth of a culture of out of court and amicable settlement of disputes. A
successful settlement not only helps in preserving the relationship amongst the parties, offering ease of
living but also contributing in the growth of the economy.

The Mediation Act, 2023, lays down the legislative framework for mediation to be adopted by disputing
parties, especially institutional mediation where various stakeholders have been identified to establish a
robust and efficacious mediation ecosystem in India. The key/main provisions of the Mediation Act, 2023,
inter-alia, include provisions relating to voluntary pre-litigation mediation in matters of civil or
commercial dispute before parties approach a court or Tribunal; matters or disputes not fit for mediation,
process of mediation to be completed within a maximum period of 180 days; procedure for appointment
of mediator and conduct of mediation; functions of Mediation Service Providers and Mediation Institutes;
Mediated Settlement Agreement resulting from mediation being final, binding and enforceable in
accordance with the provisions of Code of Civil Procedure, 1908, in the same manner as if it were a
judgment or decree of a Court; challenge to Mediated Settlement Agreement to lie on limited grounds of
fraud, corruption, impersonation etc.; community mediation for reference of disputes with consent of
parties which are likely to affect peace, harmony and tranquillity amongst the residents or families of any
area or locality; online mediation; establishment of the Mediation Council of India and power to make
rules and regulations inter-alia for conduct of mediation.

ARBITRATION AND CONCILIATION ACT, 1996 AND ARBITRATION COUNCIL OF INDIA

The Arbitration and Conciliation (Amendment) Act, 2019 provides for establishment of the Arbitration
Council of India (Council) for the purpose of inter-alia framing policies governing the grading of arbitral
institutions and recognizing professional institutes' providing accreditation of arbitrators.
The establishment of the Council is aimed to minimize the roles of courts in arbitration matters, by
providing that parties may approach arbitral institutions which are graded by the Council and designated
by the Supreme Court and High Courts, as the case may be, for the purpose of appointment of arbitrators
under section 11 of the Arbitration and Conciliation Act, 1996.
Section 10 of the Arbitration and Conciliation (Amendment) Act, 2019 which deals with various facets
relating to the Council have been brought into force, vide Notification dated 12.10.2023.

Presently, other steps for the establishment of Arbitration Council of India are underway.

INDIA INTERNATIONAL ARBITRATION CENTRE ACT, 2019

The New Delhi International Arbitration Centre (Amendment) Act, 2022 which came into force w.e.f.
27.01.2023 amended the New Delhi International Arbitration Centre (NDIAC) Act, 2019. The salient
features of the said amendment are as follows:

1. Changes the name of the Centre from New Delhi International Arbitration Centre (NDIAC) to India
International Arbitration Centre (IIAC);

2. Confers explicit power on the Centre to specify the manner of conduct of arbitral proceedings by
regulations; and

3. Other Minor amendments in certain sections of the Act.

The Centre, which has been established is equipped with necessary infrastructure and professional
management offering quality legal and administrative expertise and empaneling reputed arbitrators for
conduct of arbitration under its aegis. The Centre shall be providing world class arbitration related services
at its facilities in a cost effective manner for both domestic and international commercial disputes
including requisite administrative support, in the smooth conduct of arbitral proceedings. The Chamber of
Arbitration under the Centre, to empanel experienced arbitrators of repute, at the national and international
level, has also been established.
The following Rules and Regulations as required under the India International Arbitration Centre Act,
2019 have also been notified by the Central Government and the Centre respectively:-

1. TheIndia International Arbitration Centre (Composition and Functions of the Committees) Rules,
2023.

2. IndiaInternational Arbitration Centre (Criteria for Admission to the panel of Arbitrators )

Regulations, 2023.
3. India International Arbitration Centre (Conduct of Arbitration) Regulations, 2023.

4. India International Arbitration Centre (Transaction of Business) Regulations, 2023.

5. IndiaInternational Arbitration Centre (Manner of Appointment and Powers and Functions of the
Chief Executive Officer) Regulations, 2023.

Guide on Alternative Dispute Resolution:

On the occasion of Constitution Day on 26.11.2023, a handbook titled ‘A Guide to Alternative Dispute
Resolution’ was released by the Hon’ble Vice President of India. The Guide provides overview and
insights on the brief history of different Alternative Dispute Resolution (ADR) mechanisms, broad
contours of these mechanisms including statutory provisions, the advantages of these mechanisms and the
various steps and legislative interventions carried out by the Government relating thereto.

The Advocates (Amendment) Act, 2023 (33 of 2023)

Repeal of ‘The Legal Practitioners Act, 1879 (18 of 1879), amendment of the Advocates Act, 1961 (25 of
1961) by incorporating provisions of Section 36 of the Legal Practitioners Act of 1879 in the Advocates
Act.
The proposal for repeal is in tune with the policy of the Central Government to repeal all obsolete laws
which have lost their utility. It helps in reducing the number of laws in the statute book. The Legal
Practitioner Act, 1879 is an Act to deal with legal practitioners in the country. It was a British Era Act.
After independence, Parliament has enacted a new law, namely, the Advocates Act, 1961 (25 of 1961) to
deal with legal practitioners. All the aspects which are dealt with in the Legal Practitioner Act, 1879 are
already covered under the Advocates Act, 1961 except the matter relating to ‘touts’.

In view of section 50 of the Advocates Act, 1961, all sections of the Legal Practitioners Act, 1879, except
sections 1, 3, and 36 have been repealed. The proposal for the repeal of the remaining three sections i.e. 1,
3, and 36 would help in reducing the number of superfluous enactments in the statute book.

The Department of Legal Affairs had taken up the matter to repeal the applicable provisions of the Legal
Practitioners Act, 1879 with the Legislative Department, the Law Commission of India and the Bar
Council of India. The Department of Legal Affairs had also constituted a committee to review the Acts and
rules administered by the Department. The Committee had recommended to repeal ‘The Legal
Practitioners Act, 1879’ (18 of 1879), a British era legislation, with consequential amendments in the
Advocates Act, 1961.

The repealing of the Legal Practitioners Act, 1879 from the statutes book, will be a contribution to achieve
the goal of repealing the obsolete laws specifically that pertain to British era. It will also be a step towards
ease of doing business and ease of living for citizens. It would also help in regulating the legal profession
by a single Act i.e., the Advocates Act, 1961.

Currently, the Legal Practitioners Act, 1879 has been repealed and the Advocates (Amendment) Act, 2023
has been passed by the Parliament and the assent of the Hon’ble President of India has also been received
on 8th December, 2023.

The Foreign Law Firms

The Bar Council of India has informed that the entry of foreign lawyers/law firms would be on
reciprocal basis. The BCI rules have provided for cancellation of the registration of any foreign lawyers or
law firm, if it comes to the notice of the BCI through any source that the Indian lawyers or Indian law
firms are being discriminated by the concerned counterpart foreign country in any manner.

Foreign Lawyers and Law firms shall be allowed to advice their clients about foreign laws and
international laws only. They would render advisory work about such Laws for their foreign clients only.
Foreign lawyers and foreign law firms shall not be allowed to appear in any Court, Tribunal, Board, before
any statutory or regulatory authority or any forum legally entitled to take evidence on Oath and/or having
trappings of a Court. Entry of Foreign Lawyers would be on reciprocal basis only i.e. Lawyers of only
those countries would be permitted in India but within the sphere of the rules and regulations, where
Indian Lawyers are also permitted to practice. Foreign Lawyers would be allowed to appear for their
clients in International Commercial Arbitration.

Experience and facts show that MNCs and foreign commercial entities, in case of international
commercial arbitration don’t prefer India as a venue of arbitration proceedings because they are not
allowed to bring lawyers and law firms from their own countries to advise them in international
commercial arbitrations proceedings, thus, making them to prefer London, Singapore, Paris etc. as the
Venue for arbitration proceedings. Bar Council of India Rules will, now, encourage India being preferred
as a venue for such international arbitrations proceedings, thus, helping India become a hub of
international commercial arbitration.

MEETINGS

1. Meeting with the delegation of Law Society of England & Wales led by Ms. Lubna Shuja,
President, the Law Society of England and Wales and delegation of Ministry of Justice, UK led by Ms. Jo
Farrar, the Second Permanent Secretary with an Indian delegation led by Law Secretary held on 2nd
March, 2023 in chamber of Law Secretary.

2. Meeting between the British High Commission’s delegation led by the British High Commissioner
and an Indian delegation led by the Law Secretary held on 29th March, 2023 in the chamber of Law
Secretary.
3. A bilateral meeting between Shri Arjun Ram Meghwal, Hon’ble Minister of State for Law &
Justice (Independent Charge) and His Excellency Mr. Le Thanh Long, Hon'ble Minister of Justice of the
Socialist Republic of Vietnam held on 2nd July, 2023 at Hotel Ashok, Chanakyapuri, New Delhi, to
discuss matters related to the area of Judicial Cooperation.

4. Meeting between the Law Secretary and Permanent Secretary for Law and Second Permanent
Secretary for Foreign Affairs of Singapore was held on 18th September, 2023.

5. Meeting between the Indian delegation led by Hon’ble Minister of State for Law and Justice with
British delegation led by RT Hon Alex Chalk KC MP, Lord Chancellor and Secretary of State for Justice
was held on 22nd September, 2023.

6. Meeting between the Indian delegation led by Law Secretary with British delegation led by Ms.
Amanda Brooks, Director General for Trade Negotiations, Department of Business and Trade was held on
27th September, 2023.

7. A meeting between Dr. Rajiv Mani, Additional Secretary and the delegation of the Law Society of
England and Wales led by Mr Mickael Laurans, Head of International, The Law Society of England and
Wales held on 28th November, 2023.

LAW COMMISSION OF INDIA

The Cabinet has approved the extension of term of 22nd Law Commission of India upto 31st August,
2023. Thereafter, the Department of Legal Affairs has notified the order dated 22.02.2023 for extension of
terms of 22nd Law Commission of India upto 31st August, 2024.

The Law Commission of India has submitted many reports, significant among these are as under :-

(i) Twenty Second Law Commission(279) - Usage of the Law of Sedition

(ii) Twenty Second Law Commission (280)- The Law on Adverse Possession

(iii) Twenty Second Law Commission (282) - Amendment in the Code of Criminal Procedure for
enabling online registration of FIR.

(iv) Twenty Second Law Commission (283) - Age of consent under the POSCO Act, 2012.

INCOME TAX APPELLATE TRIBUNAL (ITAT)

The Income Tax Appellate Tribunal (ITAT) is the oldest Tribunal in the country and during the year 2023,
as on 01.12.2023, the Tribunal disposed off a total of 30943 appeals and 33314 appeals are pending for
adjudication. The website of ITAT has been updated and made fully functional. JudiSIS App, ITAT e-
Filing Portal, e-Library Portal have been launched. The concept of paperless courts has been introduced
with the online publication of daily orders and online communication of hearing notices. The ITAT API
has also been linked with the LIMBS portal. Digital Display Boards have been installed in the Tribunal
premises akin to the High Courts.

2. The Government has appointed Shri Chandrakant Vasant Bhadang, Retd. High Court Judge, as
regular President of the Income Tax Appellate Tribunal (ITAT). He has joined as President ITAT on 23rd
October, 2023.

3. The Government has also appointed 04 (four) Members of the Income Tax Appellate Tribunal
(ITAT) as Vice-President in ITAT.
4. The process of filling up 22 posts of the Accountant Members and 18 posts of the Judicial
Members in ITAT is at an advance stage.

5. Extension of tenure of Ms. Madhumita Roy, Judicial Member, Income Tax Appellate Tribunal, till
the age of 62 years.
6. The Department Promotion Committee for the post of Assistant Registrar in Income Tax Appellate
Tribunal was held on 26.09.2023 and orders of promotion for 3 persons for being promoted from
Superintendent to Assistant Registrar was issued on 03.10.2023. However, 2 out of 3 Superintendent have
taken the charge of Assistant Registrar.

COMMERCIAL COURTS

Commercial Courts Act, 2015:

The Commercial Courts Act, 2015 provides for the constitution of Commercial Courts, Commercial
Appellate Courts, Commercial Division and Commercial Appellate Division in the High Courts for
adjudicating commercial disputes of specified value and matters connected therewith or incidental thereto.
The Act has aided the efforts to create an environment for quick enforcement of contracts and facilitated in
improving India’s ranking in World Bank’s Doing Business Report.

2. There are presently 758 Commercial Courts, constituted below District Judge level, 494
Commercial Courts at the District Judge level, 379 Commercial Appellate Division Courts at District
Judge Level. 25 Commercial Divisions and 38 Commercial Appellate Division constituted in the High
Courts. The details are mentioned below :-

COMMERCIAL COURT SET UP IN STATES (as on 31.05.2023)

Name of No. of Commercial court No. of Commercial Court No. of No. of No. o
High Courts constituted (below District constituted (at District Commercial Commercial Commercia
Judge level) Judge level) Appellate Division Appellate
Court constituted Division
designated in the High constituted
(at District Court in the High
Judge level) Court

Designated Designated Dedicated Designated

as as
[Exclusively [Exclusively
commercial commercial
dealing with dealing with
Court but Court but
commercial commercial
also also
cases] disputes]
dealing dealing
with cases with cases
other than other than
commercial commercial
cases cases

Gauhati 37 - 5 - 34 - 1

Sikkim 06 - 06 - 06 No 01
Commercial
Division
Chhattisgarh Not yet established - 1 Not yet Not been 1
established constituted

Bihar 117 - 37 - 37 2 1

Calcutta NA NA NA 4 NA 3 1

Karnataka - - 1 10 - 3

Himachal It may kindly be treated Nil as the matter regarding Conferment of ex- 1 1
Pradesh officio powers of Presiding Officer/Judge of the Commercial Court on
the District/Additional District Judges of the State of HP is pending
with State Government

Uttarakhand Nil Nil Nil 2 Nil 1 1

Kerala 56 0 0 0 14 0 1

Punjab & 203 99 1 1 2

Haryana

Orrisa 4 10 NA 01

Andhra - - - 2 - 1 1
Pradesh

Delhi 0 0 0 39 -

Madras 118 Nil ? Nil 31 3 3

Meghalaya Nil Nil 1 Nil Nil Nil 1

Telangana - - - 3 - 1 1

Tripura Nil Nil 09 Nil 1 Nil 1

Jharkhand 24 0 24 0 24 0 1

Gujarat 118 Nil 76 Nil 32 1 1

Manipur 19 0 0 0 8 0 1

Total 698 4 257 62 197 14 21

Further, in the UT of Jammu & Kashmir, the Courts of Additional District Judge at Jammu and Srinagar
are designated as Commercial Courts for Jammu and Srinagar respectively. The Principal District Courts
in remaining districts of the UT of Jammu and Kashmir have been designated as Commercial Courts.

NOTARY CELL

(i) Streamlining the process of appointment of notaries: In order to bring greater transparency and ease
of access, the process of appointment through physical interviews has been discontinued. Interviews for
appointment of notaries are now being held in online mode.

(ii) Digitization of the processes related to appointment and renewal of notarial licence: The Notary
Online Portal having facilities like application for appointment, renewal of Certificate of Practice,
submission of annual returns, lodging of complaints against Central notaries would be functional by the
year-end.

(iii) Appointment of notaries: The Department has prepared an Action Plan to fill up the unfilled
positions of Central Notaries in various States and UTs and towards this direction conducted online
interviews of 35851 applicants. Further, 185 persons have been appointed as Central Notaries during the
year.

(iv) Renewal of Certificate of Practice: During the year, Certificate of Practice of 1595 Central Notaries
were renewed.
JUDICIAL SECTION

(1). Conduct of Central Govt. litigation before various courts of law throughLaw Officers/Panel
Counsel:

(a) During the period Solicitor General of India, Shri Tushar Meheta was reappointed. Addl. SGI
for two High Courts have been appointed afresh. Besides, ten Addl. SGIs for Supreme Cout/ High Courts
have been reappointed. (b) During the said period, term of the Fifteen Deputy Solicitor General of
India for different High Courts have been extended. Besides, a new Deputy Solicitor General has been
engaged for the High Court of Madras, Madurai Bench.

(c). During the said period, a total of 1010 Advocates empaneled or their terms as panel counsel have
been extended for the various courts / tribunals.

(2) Clarification on various issues viz. terms of engagement of panel counsel, issues related to fee
schedule etc

Various issues are received from time to time regarding the terms & conditions of engagement of panel
counsel, their fee schedule etc. During the said period, about 207 such clarifications have been issued.

(3) Nomination of Arbitration panel counsel in domestic as well International commercial disputes,
involving Government/PSE on the one hand and PSE/private party on the other:

Requests are received regarding engagement of Arbitration Panel Counsel to represent various Ministries /
Departments in Arbitration cases. During the said period, in response to such requests, Arbitration panel
counsel have been engaged in about 210 Arbitration cases.

(4) Examination and processing of requests arising out of bilateral treaties in respect of service of
summons etc. (Mutual Legal Assistance Treaties/reciprocal arrangements) and multilateral treaties (the
Hague convention of 1965/1971):

M/o Law & Justice, Department of Legal Affairs is the Central Authority under Hague Convention, 1965
for service abroad of judicial & extra judicial documents in civil and commercial matters. Under this
obligation, during the said period, about 3000 requests have been processed.
(5) RTI / Public Grievance related work:

During the period about 297 RTI applications have been disposed of and as on date no public
grievance is pending on part of Judicial Section on PG Portal / CPGRAMS.

ADMINISTRATION -1

Admin-I Section is administratively concerned with Indian Legal Service (ILS) and General Central
Service(GCS) Cadre in the Department of Legal Affairs. In the ILS Cadre, the following promotions
(including adhoc promotions) have been made in 2023:-

S. No. Post No. of officers promoted

1. Joint Secretary & Legal Advisor 1

2. Deputy Legal Advisor 7

3. Assistant Legal Advisor 10

In the GCS Cadre, the following promotions (including adhoc promotions) have been made in 2023:-

S. No. Post No. of officers promoted

1. Superintendent (Legal) 8

2. Court Clerk Grade I 2

3. Court Clerk Grade II 3

4. Court Clerk 9

5. Staff Car Driver Grade II 1

ORGANISATION OF HINDI DAY/HINDI FORTNIGHT

With a view to accelerate the use of Official Language and to increase the awareness among the
employees as regards to the Official Language policy and the various incentive schemes for using Hindi in
official work, Hindi Day was celebrated in the Department on 14-09-2023. Hon’ble Minister of state for
Law and Justice Independent Charge and Law Secretary in their messages appealed to the officers and
employees of the Department to adopt Hindi in their day-to-day official work. Message received from
Hon’ble Home Minister on the eve of ‘Hindi Day’ was also circulated in the Department and its offices. In
order to make the various programmes organised in this connection effective, ‘Hindi Fortnight’ was
organised in the Department from 14.09.2023 to 29.09.2023. This was done with the objective of giving
wider publicity to the various schemes and generating maximum output in terms of work done in Hindi.

******

SS/AKS
(Release ID: 1986723) Visitor Counter : 8898

Read this release in: Hindi , Kannada