The Government of India in 2025 has renewed its focus on legal reforms inspired by India’s civilisational values. The Law Minister brought into light the doctrine of Panch Parmeshwar, which promotes collective consensus in resolving disputes. This principle underpins the push for stronger Alternative Dispute Resolution (ADR) mechanisms. With over 4.5 crore cases pending across courts, delays and lack of access pose severe challenges to justice delivery. ADR offers a faster, affordable, and inclusive solution.
Current Judicial Challenges in India
India faces a massive backlog of cases. The Supreme Court has over 81,000 pending cases. High Courts have nearly 63 lakh cases waiting. District courts add to the burden. Delays often mean delayed justice or denial. Vacancies in judicial posts worsen the problem. Some judges handle more than 4,000 cases. Many cases have been pending for over a decade. These challenges demand alternative mechanisms to reduce the burden.
Constitutional and Legal Basis of ADR
Article 39A of the Constitution mandates equal justice and free legal aid. ADR processes such as arbitration, mediation, conciliation, and Lok Adalats are recognised under Section 89 of the Code of Civil Procedure, 1908. The Arbitration and Conciliation Act, 1996, amended in 2021, regulates arbitration with a fixed 180-day resolution period. The Act also established the Indian Arbitration Council to support arbitration agreements. ADR covers civil and compoundable criminal offences, promoting dispute resolution outside courts.
Role and Functioning of Lok Adalats
Lok Adalats operate under the Legal Services Authorities Act, 1987, inspired by Article 39A. They resolve disputes before formal litigation begins. Their awards are final and binding, with no direct appeal possible. However, dissatisfied parties may approach regular courts. Lok Adalats include Permanent, National, and e-Lok Adalats, increasing accessibility. The first Lok Adalat was held in Gujarat in 1999. They provide low-cost, speedy justice and reduce court burdens.
Importance of Strengthening ADR
Former Chief Justice D.Y. Chandrachud views mediation as a tool for social change aligning social norms with constitutional values. ADR resolves disputes in a language and manner understandable to all parties. It protects sentiments and promotes harmony. The India Justice Report 2025 shows wide inter-State disparities in case backlogs and judicial capacity. States like Andhra Pradesh, Uttar Pradesh, and Bihar have very high pendency. Strengthening ADR is essential for faster, equitable justice and to reduce systemic overload.
Technology and Data in Justice Delivery
The National Judicial Data Grid (NJDG) provides real-time data on case pendency and disposal. It enables tracking of judicial performance across States and courts. This transparency helps identify problem areas and improve resource allocation. The rise of e-Lok Adalats shows how technology can enhance ADR accessibility. Digital platforms can increase awareness and participation in ADR processes.
Social Impact of ADR
ADR encourages dialogue and consensus, strengthening social bonds. Pre-litigation mediation reduces hostility and preserves relationships. It offers justice that respects cultural and social contexts. By resolving disputes amicably, ADR supports social cohesion and reduces the adversarial nature of litigation. This is crucial in a diverse society like India’s.
Questions for UPSC:
- Discuss the constitutional provisions and legal frameworks that support Alternative Dispute Resolution in India. How do these frameworks address the challenges of judicial delays?
- Critically examine the impact of case backlogs on the Indian judicial system. What role can technology play in improving court efficiency and transparency?
- Explain the doctrine of Panch Parmeshwar and its relevance to modern dispute resolution mechanisms in India. With suitable examples, discuss how traditional values can influence contemporary legal reforms.
- Comment on the importance of Lok Adalats in promoting access to justice. How do they contribute to social harmony and reduce the burden on regular courts?
