Context: With over 4.5 crore cases pending across various courts, India’s justice system faces severe delays and resource constraints. The government and judiciary are increasingly promoting Alternative Dispute Resolution (ADR) mechanisms to ensure faster, affordable, and inclusive justice.
What is ADR?
ADR refers to processes that resolve disputes outside traditional courts through arbitration, conciliation, mediation, negotiation, and Lok Adalats. It emphasises consensus, flexibility, and confidentiality, reducing the burden on the judiciary.
Constitutional and Legal Basis:
- Article 39A – Mandates equal justice and free legal aid.
- Section 89, Code of Civil Procedure (CPC), 1908 – Recognises ADR mechanisms.
- Arbitration and Conciliation Act, 1996 (amended 2021) – Provides legal framework for arbitration and conciliation; fixes 180 days for resolution.
- Legal Services Authorities Act, 1987 – Governs Lok Adalats, including National and e-Lok Adalats.
Functioning and Benefits:
- Lok Adalats: Pre-litigation forums that deliver final, binding decisions at minimal cost.
- Mediation: Strengthens social harmony through dialogue and mutual understanding.
- Arbitration: Provides speedy settlement for commercial and civil disputes.
- Ensures accessibility, reduces pendency, and saves judicial time.
Challenges:
- Low public awareness and inadequate training of mediators.
- Inter-State disparities in pendency – notably in Uttar Pradesh, Bihar, and Andhra Pradesh.
- Vacancies in judiciary (33% in High Courts; 21% in subordinate courts).
Way Forward:
- Institutionalise pre-litigation mediation.
- Enhance ADR literacy among citizens and legal professionals.
- Strengthen digital ADR platforms like e-Lok Adalats.
- Integrate ADR cells in every district court for equitable access.
Conclusion:
Strengthening ADR is vital for achieving timely, inclusive, and affordable justice, realising the constitutional vision of Article 39A and enhancing public trust in India’s justice system.
UPSC Relevance:
GS Paper 2 – Polity, Governance & Social Justice:
Alternative Dispute Resolution (ADR) mechanisms — arbitration, mediation, conciliation, and Lok Adalats.
Mains Practice Question
Q. “Alternative Dispute Resolution is not an alternative, but a complement to the formal justice system.” Discuss with reference to India’s judicial pendency.