ALTERNATIVE DISPUTE RESOLUTION SYSTEM: INTRODUCTION

INTRODUCTION

In a rapidly developing society multiplicity of human needs results in conflict of interests, which is further compounded due to the lack of discipline in litigation, due to this the judicial mechanism, finds it extremely difficult to cope up with its enormous case load. Litigation particularly civil litigation in India is notoriously known for pendency of cases. Government of India Statistics indicates that a total of 23.9 million cases are pending in various courts of India.

Majority of Indian Courts are flooded by adjournments, revisions, appeals, and cross appeals on an average a civil case takes anything from about 5 to 8 years for its final disposal & causes are not wanting when cases have lingered in courts for 15 to 20 years.

The workload of Indian Judiciary increased by leaps and bounds and has now reached a stage of unmanageable magnitude, which has in fact led to a large backlog of cases.

In Surjit Singh’s Case3, the Supreme Court expressed its anguish for such long delay, as the particular case was lying pending in the civil court at Patiala with no sight of its finalization. It was in fact the commonman’s disgust for traditional court litigation’ which led to the evolution of alternate methods of dispute resolution.

To quote, Mr. Justice V.R. Krishna Iyer 4 “ Interminable, time consuming, complex and expensive court procedure impelled jurists to search for an alternate forum, less formal, more effective and speedy for resolution of dispute avoiding procedural clap trap led to the Arbitration Act.

THE CONSTITUTION OF INDIA PROVIDES FOR THE RIGHT TO SPEEDY JUSTICE

The Preamble to the constitution of India, as well as Directive principals enumerated under Art -39(A), of Indian Constitution Promise to secure socio, economic, political justice and equality of status and opportunity to all citizens. However all things said and done the ground reality is that, the Indian judicial system, has not on one but several occasions fallen short of fulfilling such promises.