Mains Paper 2: Polity | Separation of powers between various organs dispute redressal mechanisms and institutions.
From UPSC perspective, the following things are important:
Prelims level: Legal provisions mentioned in the newscard
Mains level: Arbitration mechanism in India – pros, cons, challenges and way forward
- A Constitution Bench of the Supreme Court has referred the Ayodhya dispute for mediation in a bid to heal minds and hearts.
- The mediation would start in a week in Faizabad district of Uttar Pradesh of which the disputed area is a part with the process conducted in-camera.
Legal provisions for Mediation
- Under Section 89 of the Civil Procedure Code, judges must ensure that all avenues to resolve a dispute outside the Court have been exhausted.
- The Section reads: Where it appears to the Court that there exist elements of a settlement which may be acceptable to the parties, the Court shall formulate the terms of settlement and give them to the parties for their observations.
- After receiving the observations of the parties, the Court may reformulate the terms of a possible settlement and refer the same for:
- Arbitration (a process by which parties select an independent person, who renders a decision regarding the case)
- Conciliation (it attempts to make parties come to an agreement, about the problem at hand)
- Judicial settlement including settlement through Lok Adalat or