The current state of affairs:
India’s Law and Justice Minister recently reiterated the government’s unwavering dedication to legal reforms deeply rooted in the nation’s traditional values. Emphasizing the ancient concept of Panch Parmeshwar, which champions collective agreement in resolving disputes, Arjun Ram Meghwal stressed the critical need for global collaboration to bolster Alternative Dispute Resolution (ADR) mechanisms. The India Justice Report 2025 paints a stark picture of the country’s justice system, underscoring significant challenges related to access, protracted delays, and accountability. Data from the National Judicial Data Grid (NJDG) reveals a staggering 4,57,96,239 pending cases nationwide, including 81,768 in the Supreme Court and approximately 62.9 lakh in High Courts. These extensive delays frequently impede justice, intensifying the focus on ADR as a swifter, more economical, and socially inclusive avenue for dispute resolution.
What is the Constitutional Basis for ADR?
The foundation for ADR in India is firmly established in Article 39A of the Constitution, which obliges the state to ensure equal justice and provide free legal aid to all. Various ADR methods, such as arbitration, conciliation, mediation, and judicial settlement (including Lok Adalats), are formally recognized under Section 89 of the Code of Civil Procedure, 1908.
To ensure their effective functioning, these processes have been formally integrated into law. For instance, the Arbitration and Conciliation Act of 1996 (as amended in 2021) facilitates the resolution of civil and compoundable offenses like theft, criminal trespass, and adultery through binding awards or resolutions. The Arbitration Act, 2021, also includes provisions for establishing an Indian Arbitration Council, thereby providing robust legal support for arbitration agreements.
The law sets a strict maximum period of 180 days for dispute resolution, aimed at ensuring prompt justice.
Even if a party remains unsatisfied after reaching a solution, they retain the option to withdraw from the mediation process after two sessions. Embracing pre-litigation mediation for civil and commercial disputes will not only prevent an escalation in pending court cases but also foster stronger interpersonal relationships by encouraging dialogue at a societal level.
How Do Lok Adalats Operate?
Lok Adalats function under the framework of the Legal Services Authorities Act, 1987, a legislation inspired by Article 39A. Beyond the Permanent Lok Adalat (defined in Section 22-B of the Act), initiatives like the National Lok Adalat and e-Lok Adalat are instrumental in strengthening the justice system, provided there is widespread and effective public awareness about these systems.
The inaugural Lok Adalat in India was convened in Gujarat in 1999. A defining characteristic of Lok Adalats is the finality of their decisions, meaning there is no provision for appeal. This finality stems from their role in resolving disputes before they escalate to formal litigation. To safeguard against any potential for arbitrary decisions, the system allows a dissatisfied party to file a fresh suit in a regular court.
Why Is Strengthening ADR So Critical?
As articulated by former Chief Justice of India Justice D.Y. Chandrachud, mediation serves as a powerful instrument for social transformation. It helps align societal norms with constitutional values through open dialogue and the free exchange of information. Solutions forged through these invaluable discussions during mediation truly deliver justice to individuals and groups on their own terms, in a language they comprehend, and within a platform that respects their deeply held sentiments.
The India Justice Report also shines a light on significant disparities in case backlogs across different states. The report indicates that the number of pending cases has surged past five crore, with High Courts and district courts grappling with substantial vacancy rates of 33% and 21%, respectively. Judges in states such as Uttar Pradesh, Himachal Pradesh, and Kerala are burdened with workloads exceeding 4,000 cases each.
Alarmingly, a considerable number of cases in both High Courts and subordinate courts have been languishing for over a decade. The NJDG provides crucial real-time data on case pendency and disposal, offering a transparent overview of the judicial system’s performance across all states and courts.
The India Justice Report evaluates and ranks states based on various parameters of their justice system, including the efficiency of case pendency, alongside factors like court infrastructure and the availability of judges.
States like Andhra Pradesh, Uttar Pradesh, and Bihar confront massive numbers of pending cases. This situation urgently demands swift resolution and underscores the absolute necessity of strengthening ADR mechanisms to ensure efficient and equitable justice delivery for every citizen.