Alternative Dispute Resolution Mechanism for Ensuring Speedy Justice in India: A Conceptual Analysis and Legislative Framework

Abstract

In a modern technologically and economically well advanced society, litigation is a primary means of resolving disputes. But, courts are clogged with cases and pendency is increasing every year in the subordinate courts. The reasons for the delay has been identified by high powered committee reports including Law commission of Indiaalso recommended changes in the procedural laws. The Hon'ble Supreme Court in plethora of cases identified the causes for the delay and at the recognised right to speedy justice as a fundamental right. Though the Supreme Court's interpretation of Article 21 was restricted to the applicability of right in all the stages of criminal cases, but not answered pertaining to extension of the right to civil cases. But, Article 21 is a uniform in ambit and extent i.e., any provision of law enshrined under any Act, which is not fair, just and reasonable, causes delay in the administration of justice, then it amounts to violation of right speedy justice. Though, the problem has been addressed from time to time and introduced necessary amendments in the procedural laws. Also measures such as establishing additional courts, use of court management systems, and use of ICT has been strengthened. But all these efforts has not been yielded considerable results and pendency is increasing throughout the country. Therefore, immediate, easy, inexpensive, fast justice is possible only by means of adopting alternative dispute resolution mechanisms. This paper examines the concept of ADR mechanisms, its development, and extent of application of the mechanisms to different categories of cases provided under various statutes along with the judicial reflections for proper implementation.