Alternative Dispute Resolution (ADR) in India: A Path to Faster and More Inclusive Justice
UPSC Relevance
Prelims: Indian Polity and Governance (Directive Principles of State Policy - DPSP, particularly Article 39A; Judiciary; Key Legislations - Arbitration and Conciliation Act, Legal Services Authorities Act; Statutory Bodies - National Legal Services Authority (NALSA)/State Legal Services Authority (SALSA)).
Mains:
General Studies Paper 2 (Polity & Governance): Structure, organization and functioning of the Executive and the Judiciary; Mechanisms, laws, institutions and Bodies constituted for the protection and betterment of vulnerable sections; Dispute redressal mechanisms and institutions. ADR is a very important topic for GS2.
Key Highlights from the News
India's judicial system faces a major crisis with over 4.5 crore pending cases.
Alternative Dispute Resolution (ADR) is a key solution to this problem, offering speed, cost-effectiveness, and greater social inclusion.
Main ADR methods: Arbitration, Conciliation, Mediation, Lok Adalat.
Constitutional Basis: Article 39A of the Constitution (Directive Principle of State Policy for equal justice and free legal aid) provides a conceptual foundation for ADR.
Legal Basis: Code of Civil Procedure (Section 89), Arbitration and Conciliation Act, 1996, Legal Services Authorities Act, 1987 provide legal backing for ADR systems.
Lok Adalat decisions are final and cannot be appealed. However, a party dissatisfied with the decision can file a fresh case in court.
The Law Minister highlighted India's ancient concept of "Panch Parmeshwar" as an example of resolving disputes through collective discussions, linking ADR systems to India's cultural heritage.
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