Why is ADR crucial for India’s courts?, Pg8

Key Highlights:

• Law and Justice Minister Arjun Ram Meghwal emphasized strengthening Alternative Dispute Resolution (ADR) mechanisms, citing the principle of collective consensus.
• The India Justice Report 2025 reveals challenges in India’s justice system, including access issues and delays.
• Over 4.57 crore cases are pending in Indian courts, with 81,768 in the Supreme Court and approximately 62.9 lakh in High Courts.
• Article 39A of the Constitution provides the basis for ADR, mandating equal justice and free legal aid.

Detailed Insights:

• ADR includes arbitration, conciliation, mediation, and judicial settlement (Lok Adalat), recognized under Section 89 of the Code of Civil Procedure, 1908.
• The Arbitration and Conciliation Act 1996, amended in 2021, allows resolution of civil offenses through binding awards, with a maximum resolution period of 180 days.
• Lok Adalats, governed by the Legal Services Authorities Act, 1987, offer final decisions without appeal, resolving disputes before litigation, with the first held in Gujarat in 1999.
• Strengthening ADR is crucial due to pending cases exceeding five crore, High Courts and district courts facing vacancy rates of 33% and 21% respectively, and judges facing workloads exceeding 4,000 cases.

Key Concepts Involved:

• Alternative Dispute Resolution (ADR): Methods of resolving disputes outside of court, such as mediation and arbitration.
• Article 39A: A constitutional directive promoting equal justice and free legal aid for all citizens.
• Lok Adalat: A forum where disputes are resolved through conciliation and compromise, with decisions having legal validity.