JUSTICE BEYOND LITIGATION: THE EXPANDING ROLE OF ALTERNATIVE DISPUTE RESOLUTION IN INDIA'S LEGAL FRAMEWORK

Abstract

The Indian justice delivery system confronts a persistent challenge in the form of mounting case pendency, producing significant delay and, in consequence, the denial of timely justice. Judicial vacancy, procedural complexity, inadequate infrastructure and excessive adjournment have each aggravated this problem, eroding public confidence and affecting both individual right and economic growth. Alternative Dispute Resolution has emerged, against this backdrop, as an effective and practical mechanism for reducing the burden on courts while ensuring speedier justice. This paper examines the constitutional and statutory architecture supporting Alternative Dispute Resolution in India, tracing its foundation in Articles 14, 21 and 39A of the Constitution and its institutional expression through the Legal Services Authorities Act, 1987, Section 89 of the Code of Civil Procedure, 1908, the Arbitration and Conciliation Act, 1996, and the Mediation Act, 2023. It evaluates the specific contribution of Lok Adalats, mediation, arbitration and conciliation to India's dispute resolution landscape, including the recent institutional expansion of India's arbitration infrastructure through centres such as the newly inaugurated Chandigarh International Arbitration Centre, and identifies the persistent challenges of limited public awareness, infrastructural gap and settlement fairness that continue to constrain Alternative Dispute Resolution's full potential. The paper concludes that Alternative Dispute Resolution, properly implemented and reformed, holds genuine transformative potential for India's justice system, provided its expansion proceeds hand in hand with sustained attention to the access and fairness concerns that persist alongside its considerable efficiency gain.