Introduction

India’s courts are gasping under the weight of delays. According to the National Judicial Data Grid (NJDG), there are 4.57 crore pending cases, with nearly 63 lakh in High Courts and over 80,000 in the Supreme Court. For many citizens, justice delayed has become justice denied. Against this backdrop, the government’s renewed commitment to strengthen Alternative Dispute Resolution (ADR) marks an important turning point. ADR, rooted in India’s traditional dispute resolution practices, represents not just a procedural alternative, but a philosophical one. It shifts justice from confrontation to consensus, from hierarchy to harmony.

Why is ADR in the News?

The Minister of Law and Justice, Arjun Ram Meghwal, recently emphasized that India’s legal reforms must draw from its civilisational roots, particularly the doctrine of Panch Parmeshwar, the age-old village system of resolving disputes through collective wisdom. This announcement is significant for three reasons:

1. Civilisational continuity: For the first time in recent years, legal reform is being explicitly linked to indigenous justice philosophy.
2. Crisis in pendency: With cases exceeding 4.5 crore and vacancy rates of 33% in High Courts and 21% in district courts, India’s formal judicial system is overburdened beyond capacity.
3. Demand for inclusion: ADR offers an alternative that is faster, cheaper, and socially inclusive, especially for marginalised groups who find formal litigation intimidating.

In essence, ADR is not just reform, it is rescue.

What is Alternative Dispute Resolution (ADR) and How Does It Work?

1. Definition: ADR refers to mechanisms outside formal courts that help parties resolve disputes through mutual understanding, mediation, arbitration, conciliation, or Lok Adalats.
2. Objective: To provide speedy, affordable, and amicable resolution while reducing judicial burden.
3. Legal Framework:
   1. Article 39A of the Constitution mandates equal justice and free legal aid.
   2. Section 89 of the Code of Civil Procedure (CPC), 1908 formally recognizes ADR processes.
   3. Arbitration and Conciliation Act, 1996 (amended in 2021) gives statutory backing to arbitration agreements and conciliation processes.
4. Time-bound resolution: The Arbitration Act, 2021 fixes a maximum 180-day period for dispute resolution — a stark contrast to the years spent in litigation.
   1. Exit Clause: If a party is dissatisfied, they can opt out after two sessions of mediation.
5. Pre-litigation mediation: Encouraged for civil and commercial disputes, helping prevent new cases from entering the judicial pipeline.
6. Example: Many commercial entities now resolve contractual disputes through institutional arbitration centres such as the Delhi International Arbitration Centre (DIAC), saving both time and cost.

How Do Lok Adalats Strengthen Access to Justice?

1. Legal Basis: Lok Adalats are governed by the Legal Services Authorities Act, 1987, deriving strength from Article 39A.
2. Types of Lok Adalats:
3. • Permanent Lok Adalats (Section 22-B)
   • National Lok Adalats (held periodically)
   • E-Lok Adalats (virtual platforms launched post-COVID-19).
   • First Lok Adalat: Held in Gujarat in 1999 — symbolizing people’s justice at minimal cost.
4. Finality of Decisions: Awards are final and binding, with no provision for appeal, ensuring swift closure.
5. Safeguards: If dissatisfied, parties can still approach formal courts, preserving fairness.
6. Impact: Lok Adalats have successfully resolved lakhs of cases annually, especially in motor accident and bank recovery disputes.

Why is Strengthening ADR a Necessity, Not a Choice?

1. Judicial Overload: Judges in Uttar Pradesh, Himachal Pradesh, and Kerala handle over 4,000 cases each, severely limiting judicial attention.
2. Delay and Disillusionment: A large portion of cases have been pending for over 10 years, eroding public faith in formal justice.
3. Vacancies and Infrastructure Gaps: With 33% High Court and 21% district court vacancies, the backlog is worsening.
4. Societal Benefits: As former CJI D.Y. Chandrachud noted, mediation is a tool for social change, aligning community norms with constitutional values through open dialogue.
5. Cultural Relevance: ADR resonates with India’s traditional ethos, the village panchayat system was historically based on consensus, not contest.
6. ADR thus not only decongests courts but humanises justice, making it conversational rather than confrontational.

Which States Have the Highest Backlog and Why It Matters

1. Data from the India Justice Report 2025:
   • Andhra Pradesh, Uttar Pradesh, and Bihar have the highest backlog.
   • High Court pendency: Nearly 63 lakh cases.
   • District courts: The majority of the 4.57 crore pending cases.
2. Vacancy crisis: Shortage of judges and staff deepens the delays.
3. State ranking mechanism: The India Justice Report evaluates states on justice delivery, infrastructure, and human resources, revealing wide inter-State disparities.
4. Call for reform: Strengthening ADR is crucial to ensure per capita justice delivery, especially in states lagging behind in judicial capacity.

Conclusion

ADR is not merely an alternative, it is an evolution of justice delivery in India. Rooted in India’s cultural traditions yet aligned with global best practices, ADR offers a pragmatic pathway to tackle pendency and ensure timely justice. Strengthening awareness, institutional capacity, and legal infrastructure around ADR will be key to transforming India from a litigating society into a resolving society — where justice is swift, simple, and shared.

PYQ Relevance

[UPSC 2015] What are the major changes brought in the Arbitration and Conciliation Act, 1996 through the recent Ordinance promulgated by the President? How far will it improve India’s dispute resolution mechanism? Discuss.

Linkage: The 2015 Ordinance streamlined arbitration by fixing strict timelines and limiting court interference, strengthening India’s move toward faster, credible, and globally competitive dispute resolution, aligning with the core goals of ADR reform.

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