The Hindu: Published on 6th Oct 2025.
Why in News?
The Minister of Law and Justice, Arjun Ram Meghwal, recently reaffirmed the government’s commitment to legal reforms inspired by India’s civilisational ethos, citing the “Panch Parmeshwar” doctrine — a traditional system of resolving disputes through collective consensus.
He emphasized the need to strengthen Alternative Dispute Resolution (ADR) mechanisms to reduce judicial pendency and deliver faster, cost-effective, and socially inclusive justice.
The India Justice Report 2025 and data from the National Judicial Data Grid (NJDG) reveal alarming levels of case pendency — over 4.57 crore cases across all courts, prompting urgent attention to ADR mechanisms.
What is ADR (Alternative Dispute Resolution)?
ADR refers to methods of resolving disputes outside traditional courts.
It includes:
Arbitration – Binding decision by a neutral arbitrator.
Conciliation – Non-binding settlement with help of conciliator.
Mediation– Voluntary process of mutual agreement.
Judicial Settlement / Lok Adalat – Quick, low-cost justice through settlement.
Key Feature: ADR encourages negotiation and consensus, avoiding prolonged litigation and promoting amicable social relations.
Constitutional and Legal Basis:
Article 39A of the Constitution mandates the State to ensure equal justice and free legal aid.
Section 89 of the Code of Civil Procedure (1908) explicitly recognizes ADR mechanisms — Arbitration, Mediation, Conciliation, and Lok Adalats.
Arbitration and Conciliation Act, 1996 (amended 2021) provides the legal framework for arbitration and conciliation proceedings.
The Act fixes a maximum 180-day time limit for dispute resolution.
The Legal Services Authorities Act, 1987 governs Lok Adalats, including Permanent Lok Adalat (Section 22B) and National / e-Lok Adalats.
Timeframe and Efficiency:
ADR aims to resolve disputes within 180 days, compared to years or even decades in traditional courts.
Pre-litigation mediation helps settle issues before they reach court, thereby preventing an increase in the pendency load.
Even if a party is dissatisfied, they can opt out after two mediation sessions, ensuring flexibility.
How ADR Reduces Court Pendency:
Faster dispute resolution: Minimizes backlog by settling cases outside courts.
Cost-effective: Reduces litigation expenses for citizens and the State.
People-centric justice: Encourages participation and social dialogue.
Strengthens social fabric: Promotes harmony and reduces adversarial confrontation.
Prevents new cases: Through pre-litigation mediation and Lok Adalats.
Current Pendency and Judicial Burden:
According to NJDG (as of 2025):
Total pending cases: 4,57,96,239
Supreme Court: 81,768
High Courts: ~62.9 lakh
District & Subordinate Courts: Over 3.9 crore
India Justice Report 2025 findings:
Vacancy rates: 33% in High Courts, 21% in District Courts.
Judicial workload:
Uttar Pradesh, Himachal Pradesh, and Kerala judges handle 4,000+ cases each.
Many cases have been pending for more than 10 years.
States with Highest Case Backlog:
Uttar Pradesh, Bihar, and Andhra Pradesh rank among the top in pending cases.
These States require urgent expansion of ADR infrastructure — such as mediation centres and Lok Adalat accessibility — to ensure equitable justice delivery per capita.
Societal & Constitutional Impact:
ADR embodies the constitutional spirit of justice, equality, and fraternity.
As per former CJI D.Y. Chandrachud, mediation serves as a tool for social change, aligning community norms with constitutional values.
By using dialogue and empathy, mediation empowers individuals to achieve justice in their own language and context, reinforcing inclusivity and mutual respect.
Challenges & Way Forward:
Challenges:
Lack of awareness and trust in ADR systems.
Shortage of trained mediators and arbitrators.
Uneven implementation across States.
Way Forward:
Introduce compulsory pre-litigation mediation in all civil and commercial disputes.
Strengthen Lok Adalats and e-Lok Adalats through technology and outreach.
Establish more mediation centres at the district level.
Continuous public legal education and mediator training programs.
Conclusion:
Strengthening ADR mechanisms is not just a legal necessity but a social imperative for India’s justice system. With over 4.5 crore pending cases and slow judicial processes, ADR offers a pathway to accessible, affordable, and swift justice, fulfilling the constitutional promise of Article 39A — “Justice for all.”
