Arbitration, Mediation and Conciliation · Mediation: An Introduction and its Process along with Rules

Rules, Rule-Making Power and Transitory Provisions under the Mediation Act, 2023

Updated 11 October 2026 · Fact-checked

Section 51 lets the Central Government make rules by notification to carry out the Mediation Act, 2023. Section 52 lets the Council make regulations with Central Government approval. Section 57 keeps the existing court-annexed mediation rules in force until regulations under section 15(1) are made, and for mediations pending on that date.

Understand Rules, Rule-Making Power and Transitory Provisions

A statute lays down principles. Rules and regulations fill in the working detail. The Mediation Act, 2023 gives this delegated power to two bodies: the Central Government (rules) and the Council (regulations).

Section 51 says the Central Government may, by notification, make rules to carry out the Act. The listed matters include the salaries, allowances and terms of Members of the Council (section 32(3)), travelling and other allowances of the Part-Time Member (section 32(4)), the form and manner of the annual statement of accounts including the balance sheet (section 46(1)), and any other matter that is to be or may be prescribed. The list is "without prejudice to the generality" of the main power, so it is illustrative, not exhaustive.

Section 52 is the Council's power. The Council may, with the previous approval of the Central Government, make regulations consistent with the Act and the rules. Examples are the manner of conducting mediation under section 15(1), ethical standards for mediators under section 15(3), registration of mediated settlement agreements, cost of mediation, online mediation process, and recognition of mediation service providers and institutes.

Section 57 is the transitory provision. It bridges the gap between the Act and the regulations. Until regulations under section 15(1) are made, the rules in force governing court-annexed mediation continue to apply. The proviso adds that those rules keep applying to all court-annexed mediations pending on the date the regulations come into force.

Related provisions complete the picture. Section 1 says the Act extends to the whole of India and comes into force on a date the Central Government notifies, with different dates for different provisions. Notification S.O. 4384(E) brought Sections 1, 3, 26, 31 to 38, 45 to 47, 50 to 54 and 56 to 57 into force on 9 October 2023. Section 2 sets applicability, including international mediation and commercial disputes involving government bodies. Section 53 requires rules, regulations and certain notifications to be laid before Parliament. Section 54 allows removal of difficulties, and section 47 lets the Central Government give the Council policy directions.

Key rules to remember

Section 51 - Rules: Central Government + notification = rules to carry out the Act; Covers Members' salaries and terms (s. 32(3)), Part-Time Member allowances (s. 32(4)), accounts form (s. 46(1)) and any other prescribed matter.
Section 52 - Regulations: Council + previous approval of Central Government + notification = regulations; Must be consistent with the Act and the rules. Examples: conduct of mediation, mediator ethics, online mediation, registration of settlement agreements.
Section 57 - Transitory provision: Existing court-annexed mediation rules continue until regulations under s. 15(1) are made; they also continue for pending court-annexed mediations; Applies only to court-annexed mediation rules, not to all mediation.
Section 1 - Commencement: Date notified by Central Government; different dates for different provisions; Ss. 1, 3, 26, 31-38, 45-47, 50-54 and 56-57 were brought into force on 9 October 2023.
Section 2 - Application: Mediation conducted in India AND any one of: parties in India / agreement chooses the Act / international mediation / government party in a commercial dispute / other notified dispute; Read it as a threshold (mediation in India) plus alternative triggers.
Section 53 - Laying: Laid before each House of Parliament for 30 days in total, in one or more successive sessions; Both Houses may modify, or agree it should not be made; the effect is prospective only.
Section 54 - Removal of difficulties: Order by Central Government; not after 5 years from commencement; laid before Parliament; The order must not be inconsistent with the Act.

How to solve Rules, Rule-Making Power and Transitory Provisions questions

Questions on this topic are case-based. A fact pattern describes a rule, a Council action or a pending mediation, and you decide which provision governs. Use the same sequence each time.

1Identify who is acting: the Central Government (rules, section 51) or the Council (regulations, section 52).
2Check the form and conditions: notification, previous Central Government approval for regulations, and consistency with the Act.
3Check the subject matter against the listed items. Remember the list is illustrative because of the words 'without prejudice to the generality'.
4If the facts involve court-annexed mediation before regulations, apply section 57 and its proviso for pending mediations.
5Check commencement under section 1, as provisions came into force on different dates.
6Test applicability under section 2: mediation in India plus one of the listed triggers.
7Check post-making steps: laying before Parliament under section 53.
8Write the conclusion in provision, analysis, conclusion order, naming sections only where the text supports them.

Quickest way: Who, how, which section

When to use it: Short-answer or short-note questions where you have a few minutes.

Write the one-line rule: rules by Central Government (s. 51), regulations by Council with approval (s. 52), bridge in s. 57.
Add one or two examples from the statutory list.
Add the proviso to section 57 if court-annexed mediation is mentioned.
Close with laying before Parliament under section 53.

Common mistakes in Rules, Rule-Making Power and Transitory Provisions

Saying the Council makes rules under section 51.
Students mix up rules and regulations.
Fix: Rules are made by the Central Government. Regulations are made by the Council with the Central Government's previous approval.
Saying section 57 saves all earlier mediation rules.
The word 'transitory' suggests a broad saving.
Fix: Section 57 saves only the rules governing court-annexed mediation, until regulations under section 15(1) are made.
Forgetting the proviso to section 57.
Students stop reading after the main rule.
Fix: State that the old rules continue for court-annexed mediations pending when the regulations come into force.
Treating the section 51(2) list as exhaustive.
Lists look closed.
Fix: Quote 'without prejudice to the generality' and the residual clause on any other matter that may be prescribed.
Assuming the whole Act started on one date.
Most Acts are read as commencing together.
Fix: Section 1(3) allows different dates for different provisions. Cite the notification only for the sections it covers.
Ignoring the section 53 laying requirement.
Students treat notification as the final step.
Fix: Add that rules and regulations must be laid before each House of Parliament for a total of thirty days.

Worked examples

Example 1

The Council proposes to notify regulations on the manner of conducting mediation proceedings. Advise whether it can do so on its own, and what happens to a court-annexed mediation already pending in a High Court mediation centre when the regulations come into force.

Show the solution

Provision: section 52(1) lets the Council make regulations by notification, consistent with the Act and rules, but only with the previous approval of the Central Government.
Section 52(2)(b) lists the manner of conducting mediation under section 15(1) as a matter for regulations.
Analysis: the Council cannot act on its own. It needs prior approval of the Central Government.
Section 57 says existing court-annexed mediation rules apply until regulations under section 15(1) are made.
Its proviso says those rules continue to apply to all court-annexed mediation pending on the date the regulations come into force.
The regulations must also be laid before Parliament under section 53.

Answer: The Council cannot make the regulations without the Central Government's previous approval. The pending court-annexed mediation will continue under the old court-annexed mediation rules, by the proviso to section 57, even after the regulations begin to apply.

Example 2

A question asks: (a) who fixes the salaries and allowances of Members of the Mediation Council, and (b) can the Central Government say the list in section 51(2) bars it from making a rule on another matter? Answer with reasons.

Show the solution

Provision: section 51(1) lets the Central Government make rules by notification to carry out the Act.
Section 51(2)(a) covers salaries, allowances and terms of Members under section 32(3). Section 51(2)(b) covers travelling and other allowances of the Part-Time Member under section 32(4).
Analysis for (a): these are matters for rules, so the Central Government fixes them, not the Council.
For (b): section 51(2) is stated to be without prejudice to the generality of section 51(1), and clause (d) covers any other matter to be or that may be prescribed.
So the list does not limit the power, but any rule must serve the purpose of carrying out the Act.
Rules must be laid before Parliament under section 53.

Answer: (a) The Central Government fixes them by rules under section 51(2)(a). (b) The list is illustrative, so the Central Government may make rules on other matters needed to carry out the Act, subject to laying before Parliament.

Exam tips

Always name the authority with the instrument: Central Government with rules, Council with regulations.
Quote the section 57 proviso word for word in spirit; examiners reward it.
In case studies, state the provision, apply the facts, then conclude in separate short paragraphs.
Learn the section 1 commencement detail: different provisions came into force on different dates, with 9 October 2023 for the listed sections.
Mention section 53 laying as a closing point in any rule-making answer.

Practice questions from Mediation: An Introduction and its Process along with Rules

Rules, Rule-Making Power and Transitory Provisions: frequently asked questions

Who makes rules under the Mediation Act, 2023?

The Central Government makes rules by notification under section 51. Its purpose is to carry out the provisions of the Act. The Council, by contrast, makes regulations under section 52.

What does section 57 of the Mediation Act, 2023 say?

It says the rules in force governing court-annexed mediation continue to apply until regulations are made under section 15(1). The proviso keeps those rules applicable to all court-annexed mediation pending on the date the regulations come into force.

Did the whole Mediation Act come into force on one date?

Not necessarily. Section 1(3) lets the Central Government appoint different dates for different provisions. By notification S.O. 4384(E), certain sections, including 1, 3, 26, 31 to 38, 45 to 47, 50 to 54 and 56 to 57, came into force on 9 October 2023.

When does the Act apply to a mediation?

Section 2 applies the Act where mediation is conducted in India and one of the listed triggers is met. These include parties habitually residing or having a place of business in India, an agreement choosing the Act, an international mediation, or a government party in a commercial dispute.