Why in the News?

• The government has renewed its focus on strengthening Alternative Dispute Resolution (ADR) mechanisms such as mediation, arbitration, and Lok Adalats to address India’s growing judicial backlog and promote faster, cost-effective justice delivery.

What’s in Today’s Article?

• About ADR (Introduction, Concept & Constitutional Basis, Lok Adalats, Mediation, etc.)

Introduction

• India’s justice delivery system faces an unprecedented backlog, with more than 4.5 crore cases pending across various courts, as per the National Judicial Data Grid (NJDG).
• This rising pendency has raised serious concerns about accessibility, timeliness, and efficiency of justice.
• In response, the government has been emphasising the strengthening of Alternative Dispute Resolution (ADR) mechanisms, such as arbitration, mediation, conciliation, and Lok Adalats, as a means to promote faster, cost-effective, and socially inclusive justice delivery.
• Recently, the Union Law Ministry reiterated the government’s focus on legal reforms rooted in India’s civilisational ethos, drawing inspiration from the doctrine of Panch Parmeshwar, which embodies collective consensus in dispute resolution.
• The revival of ADR mechanisms thus signifies a blend of traditional wisdom and modern legal frameworks to ease the burden on India’s overworked judiciary.

The Concept and Constitutional Basis of ADR

• ADR refers to a range of mechanisms that enable disputing parties to resolve conflicts outside formal court systems. It includes arbitration, mediation, conciliation, negotiation, and Lok Adalats.
• The constitutional foundation of ADR is enshrined in Article 39A of the Indian Constitution, which mandates the State to ensure equal access to justice and provide free legal aid.
• The statutory backing for ADR is found in Section 89 of the Code of Civil Procedure (CPC), 1908, which explicitly empowers courts to refer disputes for settlement through arbitration, mediation, or Lok Adalats.
• The Arbitration and Conciliation Act, 1996, amended several times, most recently in 2021, further strengthens ADR by providing a legal framework for arbitration and conciliation proceedings.
• Under this law, civil and compoundable offences (such as theft, trespass, or adultery) can be resolved through binding awards within a maximum period of 180 days, ensuring time-bound justice.
• The Indian Arbitration Council, created under the 2021 amendment, standardises processes and enhances institutional arbitration quality.

About Lok Adalats

• One of the most effective ADR mechanisms in India is the Lok Adalat, established under the Legal Services Authorities Act, 1987.
• Guided by the principle of access to justice for all, Lok Adalats provide free, informal, and speedy resolution of disputes, particularly for economically weaker sections.
• The first Lok Adalat was held in Gujarat in 1999, and since then, several forms have emerged, Permanent Lok Adalat, National Lok Adalat, and e-Lok Adalat, to expand reach and efficiency.
• A key feature of Lok Adalat judgments is their finality; decisions are binding, and no appeal lies against them.
• However, dissatisfied parties retain the right to approach regular courts, ensuring checks against arbitrariness.
• These forums help settle disputes before litigation, thereby preventing case inflow into regular courts and easing judicial workloads.

Mediation as a Tool for Social Transformation

• According to former Chief Justice of India D.Y. Chandrachud, mediation is not merely a legal tool but a platform for social change.
• It aligns social norms with constitutional values, allowing individuals and communities to resolve disputes through mutual understanding rather than adversarial litigation.
• Mediation’s key advantage lies in its flexibility and interpersonal approach. It allows parties to communicate directly, maintain relationships, and reach mutually acceptable solutions.
• The recent institutionalisation of pre-litigation mediation under the Mediation Act, 2023, has further expanded ADR’s reach by making it mandatory for certain civil and commercial disputes.
• This approach not only reduces pendency but also fosters community harmony and social cohesion.

The State of India’s Judicial Backlog

• The India Justice Report (2024) paints a worrying picture of India’s judicial backlog. With over 5 crore cases pending, courts are under severe stress, especially at the district level, where vacancy rates exceed 20%.
• High Courts face a 33% judge vacancy, and many States like Uttar Pradesh, Bihar, and Andhra Pradesh have some of the highest pendency levels.
• Judges in States such as Uttar Pradesh, Himachal Pradesh, and Kerala reportedly handle workloads of over 4,000 cases each, making timely disposal nearly impossible.
• In several High Courts and subordinate courts, a significant number of cases have been pending for over 10 years.
• This structural imbalance between case inflow and disposal rate underscores the urgent need for robust ADR mechanisms to divert manageable disputes from the formal court system.

Importance of Strengthening ADR

• Strengthening ADR offers three-fold benefits to India’s justice system:

• Reducing Pendency and Delays: ADR diverts civil and commercial disputes away from the courts, allowing judges to focus on complex and high-stakes cases.
• Promoting Access and Inclusivity: Mechanisms like Lok Adalats and community mediation bring justice closer to citizens, especially in rural and marginalised areas.
• Enhancing Global Confidence: Efficient ADR frameworks can boost India’s global image as an investor-friendly destination by ensuring quicker commercial dispute resolution.