Pendency in Indian Courts - An Idea of Online Dispute Resolution

Abstract

In a rapidly developing society human needs are bound to multiply resulting into conflict of interests. People become more conscious about their individual rights and litigation becomes an inevitable part of their life due to rising incidence of disputes among them. The problem is further compounded when there is lack of discipline in the litigation process an judicial mechanism finds it difficult to cope up with the enormous caseload. Disputes and litigation have so much increased in India that they have overburdened our judicial system. Courts are struggling hard to cover the backlog of cases but the backlog keeps on increasing on a daily basis. Information and communication technology (ICT) can play a significant role in this regard as ICT can prevent unnecessary cases from entering into the judicial system, access to justice for marginalised people in India can also be enhanced using ICT. It is clear that ICT is going to play a major role in the governance of India. As far as Judiciary is concerned, the concepts of online dispute resolution (ODR) and electronic courts (e-courts) must be essential part of the Digital India and Internet. Both ODR and e-courts must also be part of the national litigation policy of India.