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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Arbitration, Mediation and Conciliation

Section 55 of the Mediation Act, 2023 gives the Act overriding effect over other laws for conduct of mediation or conciliation. Which statement is correct?

The Mediation Act's overriding effect is subject to the enactments listed in the Second Schedule, and the Central Government may amend that Schedule by notification if it is satisfied it is necessary or expedient, under section 55.

  1. AThe overriding effect is absolute and applies even over enactments in the Second Schedule
  2. BThe overriding effect is subject to the enactments mentioned in the Second Schedule, which the Central Government may amend by notificationCorrect
  3. COnly the State Government may amend the Second Schedule
  4. DThe overriding effect applies only to laws made before 2023, not to instruments having force of law

Explanation

Section 55(1) makes the Act override inconsistent laws and instruments having force of law, but subject to the enactments in the Second Schedule. Section 55(2) lets the Central Government amend that Schedule by notification when necessary or expedient. So the absolute-effect option is wrong.

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