Context
With over 4.5 crore cases pending across India’s judiciary, the government has renewed focus on Alternative Dispute Resolution (ADR) systems—such as Lok Adalats, mediation, conciliation, and arbitration—to ease pressure on the courts and deliver speedier, consensual justice.
Key Highlights
- Ministerial Emphasis: Law & Justice Minister Arjun Ram Meghwal underscored ADR as a cornerstone of collective consensus-based justice, aligning it with constitutional and governance reforms.
- Judicial Backlog: The India Justice Report 2025 paints a stark picture—4.57 crore pending cases, including 81,768 in the Supreme Court and nearly 63 lakh in High Courts.
- Constitutional Basis: Article 39A mandates equal justice and free legal aid, forming the normative foundation for ADR initiatives in India.
Understanding ADR
ADR refers to non-judicial dispute-settlement processes recognized under Section 89 of the Code of Civil Procedure (1908). These include:
- Arbitration & Conciliation: Governed by the Arbitration and Conciliation Act 1996 (amended 2021), which prescribes binding awards and a 180-day resolution limit for most civil disputes.
- Mediation: Encourages negotiated settlements with minimal procedural rigidity, soon to be strengthened under the new Mediation Act 2023.
- Lok Adalats: Function under the Legal Services Authorities Act 1987; decisions are final and enforceable, with no appeal. The first national Lok Adalat was held in Gujarat in 1999.
Why ADR Is Crucial Now
- Severe Case Overload: With total pendency expected to exceed 5 crore cases, courts face alarming delays.
- Human Resource Gaps: High Courts and District Courts suffer vacancy rates of 33% and 21%, leaving judges handling 4,000 + cases each on average.
- Accessible Justice: ADR offers low-cost, time-bound solutions—vital for citizens who cannot afford prolonged litigation.
- Community Harmony: Consensus-based resolution helps reduce social friction and restores trust in institutions.