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

A rule made under the Mediation Act, 2023 is laid before Parliament. Both Houses agree before the expiry of the session immediately following the laying period that the rule should be modified. Under the Act, what is the effect on actions already taken under the rule?

The rule thereafter operates only in its modified form, but anything done earlier under it stays valid. The Act provides that modification or annulment by both Houses is without prejudice to the validity of previous actions, so there is no retrospective invalidation.

  1. AAll earlier actions become void retrospectively
  2. BThe rule has effect only in modified form, without prejudice to the validity of anything previously done under itCorrect
  3. CThe rule continues unchanged because Parliament cannot modify it
  4. DEarlier actions remain valid only if the Central Government ratifies them

Explanation

Where both Houses agree to a modification, the rule thereafter has effect only in the modified form, or has no effect if both agree it should not be made. Any modification or annulment is without prejudice to the validity of anything previously done. So earlier actions are not undone.

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