The Supreme Court in the case Youth Bar Association of India V. Union of India observed and has dismissed the Public Interest Litigation, PIL moved wherein seeking for directions for mandatory pre-litigation mediation in certain matters such commercial cases, partition suits, probation petitions.
The Public Interest Litigation, PIL moved also seek for the guidelines or the Standard Operating Procedure, SOP in order to give the effect to the pre-litigation mediation.
The court in the case observed and has stated that the provisions for the pre-litigation conciliation and for the settlement already exist under the Legal Services Authorities Act 1987. Thus, it has also been provided under the Commercial Courts Act 2015 for pre-institution mediation and for the settlement and hence there was no such requirement for the reliefs sought for to be entertained by the said Court.
It has also been noted by the said court that the Mediation Bill, 2023 which pertains to the issue which is being addressed in the PIL has already been passed by the Lok Sabha and Rajya Sabha.
It has also been observed by the court that some reliefs in the Public Interest Litigation, PIL were in the legislative domain and did not warrant invoking the writ jurisdiction of Court.
The bench comprising of Chief Justice D Y Chandrachud, Justice J B Pardiwala and Justice Manoj Misra in the case observed and has stated the provisions for the pre-litigation conciliation and settlement are contained in Chapter VIA of the Legal Services Authorities Act 1987. Thus, the Chapter III A of the Commercial Courts Act 2015 which incorporates Section 12A wherein it provides for the pre-institution mediation and settlement. Therefore, the attention of the said court is drawn to the fact that the Mediation Bill 2023 was passed on August 01, 2023 by the Rajya Sabha and by the Lok Sabha on August 07, 2023.
Further, the court while considering the facts and circumstances of the case stated that it is not necessary for this court to entertain the plea moved under Article 32 of the Constitution of India since, in any event, many of the reliefs which have been sought essentially pertains to the legislative domain. Accordingly, the court dismissed the PIL.
