Section 43C explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 43C lists who sits on the Arbitration Council of India: a Chairperson, two further Members chosen for their arbitration experience or academic standing, two ex officio Government members, a Part-time Member from commerce and industry, and a Chief Executive Officer as Member-Secretary. It also fixes a three-year term and upper age limits of seventy and sixty-seven years. This article reads the section as per the India Code consolidated text consulted. The salaries and allowances are left to be prescribed, and no rules are in the source.
The Council consists of seven classes of Members in section 43C(1)(a) to (g). Members other than ex officio Members hold office for three years from the date they enter upon office, and no Chairperson or Member (other than ex officio) holds office after attaining seventy years (Chairperson) or sixty-seven years (Member). Salaries, allowances and other terms for the Members in clauses (b) and (c), and the allowances of the Part-time Member, are "as may be prescribed by the Central Government". No such rules are in the source.
Where the section sits
Section 43C is in Part IA, which the footnote shows as inserted by Act 33 of 2019, section 10, with effect from 12-10-2023. Section 43A defines "Chairperson" as the Chairperson appointed under clause (a) of sub-section (1) of section 43C, and section 43B establishes the Council; see our article on sections 43A and 43B. If you want to ask what the composition means for your own dispute, a legal consultation can help. Nothing in the text consulted says who has been appointed to the Council or whether it has been constituted.
Sub-section (1): the Members
The Council "shall consist of the following Members". The text prints them as follows:
| Clause | Who | How chosen | Capacity |
|---|---|---|---|
| (a) | A person who has been a Judge of the Supreme Court, or Chief Justice of a High Court, or a Judge of a High Court, or an eminent person having special knowledge and experience in the conduct or administration of arbitration | Appointed by the Central Government in consultation with the Chief Justice of India | Chairperson |
| (b) | An eminent arbitration practitioner having substantial knowledge and experience in institutional arbitration, both domestic and international | Nominated by the Central Government | Member |
| (c) | An eminent academician having experience in research and teaching in the field of arbitration and alternative dispute resolution laws | Appointed by the Central Government in consultation with the Chairperson | Member |
| (d) | Secretary to the Government of India in the Department of Legal Affairs, Ministry of Law and Justice, or his representative not below the rank of Joint Secretary | Ex officio | Member |
| (e) | Secretary to the Government of India in the Department of Expenditure, Ministry of Finance, or his representative not below the rank of Joint Secretary | Ex officio | Member |
| (f) | One representative of a recognised body of commerce and industry | Chosen on rotational basis by the Central Government | Part-time Member |
| (g) | Chief Executive Officer | Ex officio | Member-Secretary |
Clause (g) is printed "Chief Executive Officer-Member-Secretary, ex officio", with hyphens in place of the dashes used in the other clauses; the table reads it in the evident sense. The Chief Executive Officer is dealt with in section 43M; see our article on sections 43H, 43L and 43M.
Three points follow from the text:
- Only the Chairperson has a statutory route through the Chief Justice of India. The appointment in clause (a) is "in consultation with the Chief Justice of India". Clause (c) is in consultation with the Chairperson. Clause (b) is "nominated" with no consultation stated.
- Two Members are ex officio and may act through representatives. Clauses (d) and (e) allow "his representative not below the rank of Joint Secretary".
- One Member is Part-time. Clause (f) calls the representative of a recognised body of commerce and industry the "Part-time Member". Section 43C names no "Full-time Member"; section 43F speaks of one, a point dealt with in our article on sections 43E, 43F and 43G.
Sub-section (2): term and age limit
"The Chairperson and Members of the Council, other than ex officio Members, shall hold office as such, for a term of three years from the date on which they enter upon their office."
The proviso adds that "no Chairperson or Member, other than ex officio Member, shall hold office as such after he has attained the age of seventy years in the case of Chairperson and sixty-seven years in the case of Member."
| Office | Term | Upper age limit |
|---|---|---|
| Chairperson | Three years from entering upon office | Seventy years |
| Member (other than ex officio) | Three years from entering upon office | Sixty-seven years |
| Ex officio Member | Not stated; the term and the age limit exclude them | Not stated |
The section does not say whether a term can be renewed; the text consulted is silent on re-appointment. The term and the age limit are both stated, and this article adds nothing beyond the printed words about how the two work together.
Sub-section (3): salaries and terms, to be prescribed
"The salaries, allowances and other terms and conditions of the Chairperson and Members referred to in clauses (b) and (c) of sub-section (1) shall be such as may be prescribed by the Central Government."
An odd feature is that the sub-section refers to "the Chairperson and Members referred to in clauses (b) and (c)". The Chairperson is in clause (a). The text is printed as it stands, and this article reproduces the wording without correcting it. What the salaries and terms are is not in the source, because no rules are in the source.
Sub-section (4): the Part-time Member
"The Part-time Member shall be entitled to such travelling and other allowances as may be prescribed by the Central Government." Again, no figures are in the source.
An example
A body of exporters, the Western Exporters Forum, hears that its senior office-bearer is being considered as the Part-time Member. Section 43C(1)(f) says the Part-time Member is "one representative of a recognised body of commerce and industry, chosen on rotational basis by the Central Government". The section does not say what makes a body "recognised"; the text consulted is silent. It also does not say how the rotation is organised. The Forum should therefore look to the Central Government's notifications and rules, which are not in this article's source.
If that office-bearer were chosen and were sixty-eight years old, the proviso to sub-section (2) bars holding office as a Member after the age of sixty-seven years.
Why the composition matters to users of arbitration
Sections 43D to 43K give the Council duties such as grading arbitral institutions and keeping a depository of awards. Who sits on it, and for how long, therefore affects institutions, arbitrators and parties. Our article on section 43D explains the duties, and the Mediation Council of India under the Mediation Act, 2023 is a separate body; see sections 31–32 of that Act.
Need help reading Part IA?
If you are an institution, practitioner or business that expects to deal with the Arbitration Council of India, the notifications and rules under Part IA matter as much as the section text. Our legal consultation team can review what applies after checking the current notifications.
Key takeaways
- Section 43C(1) lists seven classes of Members: the Chairperson, two further Members, two ex officio Government Members, a Part-time Member and the Chief Executive Officer as Member-Secretary.
- Members other than ex officio Members hold office for three years from entering upon office.
- No Chairperson holds office after seventy years, and no other non-ex officio Member after sixty-seven years.
- Salaries, allowances and terms for clauses (b) and (c), and the Part-time Member's allowances, are "as may be prescribed"; no rules are in the source.
- The text consulted does not say who sits on the Council now.
Read next
- Section 43D: duties and functions of the Council
- Sections 43E, 43F and 43G: vacancies, resignation and removal of Members
- Sections 43A and 43B: definitions and establishment
- Sections 33–37 of the Mediation Act, 2023: council members, resignation, removal
Disclaimer: Based on the India Code consolidated text of the Arbitration and Conciliation Act, 1996, whose footnotes show amendments up to Act 3 of 2021 and a latest date of 12 October 2023, as consulted on 2 October 2026. Rules, regulations and notifications under the Act, later amendments and the commencement of the Mediation Act, 2023 should be checked. This article is general information, not legal advice; check the official text before acting.