“ADR and Lok Adalats: Reducing Case Backlogs and Ensuring Justice”

Context

Recently, the Minister of Law and Justice reaffirmed the government’s commitment to legal reforms rooted in India’s civilisational ethos.
Focus has been placed on strengthening Alternative Dispute Resolution (ADR) mechanisms to ensure faster, cost-effective, and socially inclusive justice.
This move comes amid rising case pendency, interstate disparities, and the urgent need for efficient justice delivery in India.

Alternative Dispute Resolution (ADR) refers to methods for resolving disputes outside formal court proceedings.
Benefits:
- Less expensive than traditional litigation.
- Faster resolution of disputes.
- Flexible, allowing tailored solutions.
Types of ADR:
- Arbitration
- Mediation
- Conciliation
- Lok Adalats (Judicial settlements)

Constitutional Basis:

Enshrined in Article 39A, which mandates the state to provide equal justice and free legal aid.

Legal and Procedural Basis:

Code of Civil Procedure, Section 89 (1908): Recognises ADR methods such as arbitration, conciliation, mediation, and judicial settlement.
Arbitration and Conciliation Act, 1996 (amended 2021): Resolves civil and compoundable criminal disputes (e.g., theft, trespass, adultery) through binding awards.
Arbitration Act, 2021:
- Establishes the Indian Arbitration Council.
- Sets a maximum 180-day timeline for dispute resolution.
Mediation flexibility: Dissatisfied parties can exit after two sessions, ensuring voluntary participation.

Impact:

Legal Framework:

Governed by the Legal Services Authorities Act, 1987, inspired by Article 39A.

Types of Lok Adalats:

Key Features:

First Lok Adalat was held in Gujarat in 1999.
Decisions are final and binding, with no appeal as disputes are resolved pre-litigation.
Dissatisfied parties can still approach regular courts, preventing absolute authority.

Tool for Social Change:
- Promotes dispute resolution aligned with constitutional values.
- Facilitates dialogue and exchange of views.
Ensures True Justice:
- Solutions reflect parties’ terms, language, and sentiments.
- Protects social and personal interests.
Strengthens Interpersonal Relationships:
- Encourages interaction and cooperation at social level.
Addresses Interstate Disparities:
- India Justice Report:
  - Pending cases exceed 5 crore.
  - High Courts and district courts face 33% and 21% vacancy rates.
  - Judges in Uttar Pradesh, Himachal Pradesh, and Kerala have workloads > 4,000 cases.
Reduces Case Pendency:
- Many cases in courts pending for over 10 years.
- National Judicial Data Grid (NJDG) Statistics:
  - Total pending cases in India: 4,57,96,239
  - Supreme Court: 81,768
  - High Courts: ~62.9 lakh
Challenges Highlighted:
- India Justice Report 2025 notes delays, access issues, and accountability challenges.
- States with high pendency: Andhra Pradesh, Uttar Pradesh, Bihar.
- Strengthening ADR is essential for rapid, per capita justice delivery.

The Law Ministry emphasized ADR through the doctrine of Panch Parmeshwar, promoting collective consensus in dispute resolution.
Encourages global cooperation to strengthen ADR mechanisms.
Strengthening ADR ensures faster, cost-effective, socially inclusive justice, addressing the backlog of cases, and enhancing overall access to justice in India.