UPSC Prelims Practice Questions — SC appoints former CJI as mediator in Kapur estate row
Q1. With reference to the Mediation Act, 2023, consider the following statements:
1. Mediation proceedings under the Act are to be completed within 180 days, extendable by a further 180 days by the parties.
2. A party to mediation may withdraw after attending two mediation sessions.
3. A mediated settlement agreement under the Act is final and binding and is enforceable as a judgment or decree of a court.
4. The Mediation Council of India is chaired ex officio by the sitting Chief Justice of India.
Which of the statements given above is/are NOT correct?
- Mediation proceedings under the Act are to be completed within 180 days, extendable by a further 180 days by the parties.
- A party to mediation may withdraw after attending two mediation sessions.
- A mediated settlement agreement under the Act is final and binding and is enforceable as a judgment or decree of a court.
- The Mediation Council of India is chaired ex officio by the sitting Chief Justice of India.
- A. 1 and 2 only
- B. 3 only
- C. 4 only
- D. 2 and 4 only
Q2. The Supreme Court's appointment of a court-appointed mediator and reference of the Sunjay Kapur estate dispute to mediation in May 2026 was grounded in the Court's inherent power to do 'complete justice'. Under which Article of the Constitution of India does the Supreme Court exercise this inherent power?
- A. Article 136
- B. Article 139A
- C. Article 142
- D. Article 145
Q3. Which of the following is the nodal administrative authority for the Mediation Act, 2023 and the Mediation Council of India established under it?
- A. Department of Justice, Ministry of Law and Justice
- B. Department of Legal Affairs, Ministry of Law and Justice
- C. Legislative Department, Ministry of Law and Justice
- D. Ministry of Corporate Affairs
Q4. With reference to a comparison between the Mediation Act, 2023 and the Arbitration and Conciliation Act, 1996, consider the following statements:
1. The outer statutory time-limit for completion of mediation (including extension) under the Mediation Act, 2023 is 360 days, whereas arbitration under the Arbitration and Conciliation Act, 1996 is to be completed ordinarily within 12 months from completion of pleadings.
2. A mediated settlement agreement under the Mediation Act, 2023 is enforceable as if it were a judgment or decree of a court, similar in effect to an arbitral award under the Arbitration and Conciliation Act, 1996.
3. Both the Mediation Act, 2023 and the Arbitration and Conciliation Act, 1996 make pre-litigation recourse to their respective processes mandatory before parties can approach a civil court.
Which of the statements given above is/are correct?
- The outer statutory time-limit for completion of mediation (including extension) under the Mediation Act, 2023 is 360 days, whereas arbitration under the Arbitration and Conciliation Act, 1996 is to be completed ordinarily within 12 months from completion of pleadings.
- A mediated settlement agreement under the Mediation Act, 2023 is enforceable as if it were a judgment or decree of a court, similar in effect to an arbitral award under the Arbitration and Conciliation Act, 1996.
- Both the Mediation Act, 2023 and the Arbitration and Conciliation Act, 1996 make pre-litigation recourse to their respective processes mandatory before parties can approach a civil court.
- A. 1 and 2 only
- B. 2 and 3 only
- C. 1 and 3 only
- D. 1, 2 and 3
Q5. With reference to the composition of the Mediation Council of India under the Mediation Act, 2023, consider the following:
1. A Chairperson, who is a retired Judge of the Supreme Court or of a High Court, or an eminent person with knowledge and experience in mediation.
2. Two full-time Members with experience in mediation or alternative dispute resolution.
3. The Secretary, Department of Legal Affairs, as an ex-officio Member.
4. The Governor of the Reserve Bank of India, as an ex-officio Member.
Which of the above is/are correctly identified as members of the Mediation Council of India?
- A Chairperson, who is a retired Judge of the Supreme Court or of a High Court, or an eminent person with knowledge and experience in mediation.
- Two full-time Members with experience in mediation or alternative dispute resolution.
- The Secretary, Department of Legal Affairs, as an ex-officio Member.
- The Governor of the Reserve Bank of India, as an ex-officio Member.
- A. 1 and 3 only
- B. 2 and 4 only
- C. 1, 2 and 3 only
- D. 1, 2, 3 and 4