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Supreme Court Justice B V Nagarathna Highlights Judicial Reluctance, Urges Mediation Act 2023 Implementation for ADR Reform

PolityHIGH
Target:UPSC GS-IIMPSCSSC GATeachingPrelims MediumMains HighStatic GK Link
11 Apr 2026
~2 min
Source: Indian Express
Key Data:Mediation Act, 2023
Bodies:Supreme CourtIndian Council of ArbitrationDelhi High Court
Practice MCQs from today's news ▸
What This Article Covers

1.Justice B V Nagarathna flagged courts' hesitation in removing arbitrators, particularly retired judges, due to potential misconduct, highlighting a gap in India's dispute-resolution framework.

2.She advocated for institutional safeguards, hybrid ADR models (Med-Arb, Arb-Med-Arb), and stressed that ADR is integral to a modern justice system, not just an alternative.

3.The Mediation Act, 2023, lacks active implementation as its provisions are not yet notified and the Mediation Council of India remains unconstituted.

The Big Picture
Prelims · MediumMains · High

Supreme Court Justice B V Nagarathna has identified a critical gap in India's Alternative Dispute Resolution (ADR) framework, where courts hesitate to remove arbitrators accused of misconduct, especially retired judges. She stresses the need for institutional safeguards, effective implementation of the Mediation Act 2023, and sector-specific expertise to position India as a credible global arbitration hub.

Exam Lens

Quick Exam Facts From News

Mediation Act Enacted2023
ADR Models AdvocatedMed-Arb & Arb-Med-Arb
Key Sectors for ExpertiseInfrastructure, Maritime, Technology

1-Minute Revision

  • ›Mediation Act Enacted: 2023
  • ›ADR Models Advocated: Med-Arb & Arb-Med-Arb
  • ›Target this Data: Mediation Act, 2023
  • ›Target this Nodal Body: Mediation Council of India
  • ›Target this Legal Point: Arbitration and Conciliation Act, 1996

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Practice exam-style questions, track your score, and strengthen your recall.

Q1Static LinkageEasy

The Mediation Act, mentioned in the news as needing implementation, was enacted in which year?

Q2Statement-basedHard

Consider the following statements regarding the challenges in ADR highlighted by Justice B V Nagarathna:

1. Courts are often hesitant to remove arbitrators accused of misconduct, especially if they are retired judges.

2. The Mediation Act, 2023, is fully operational with its council constituted and all provisions notified.

3. Hybrid models like 'Med-Arb' are advocated to combine flexibility with the certainty of a binding decision.

Which of the statements given above is/are correct?

Q3Data-centricMedium

According to Justice Nagarathna, which of the following is NOT cited as a practical hurdle plaguing the arbitration system?

Q4Application/ImpactMedium

What is the primary objective behind Justice Nagarathna's emphasis on sector-specific expertise for arbitrators?

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