The Supreme Court has dismisses a Public Interest Litigation (PIL) seeking directions for mandatory pre-litigation mediation in a few matters such as commercial cases, partition suits, and probation petitions.
The three-Judge bench of CJI DY Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Mishra observed that provisions for pre-litigation conciliation and settlement are contained in Chapter VIA of the Legal Services Authorities Act 1987.
Chapter IIIA of the Commercial Courts Act 2015 which incorporates Section 12A provides for pre-institution mediation and settlement, it added. The Court also pointed out that Mediation Bill 2023 has been passed on 1 August 2023 by the Rajya Sabha and 7 August 2023 by the Lok Sabha which proposes such changes backed by legislative wisdom.
"In this backdrop, it is not necessary for this Court to entertain the petition under Article 32 since, in any event, many of the reliefs which have been sought essentially pertain to the legislative domain," the court ordered.
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