MANU/PIBU/0157/2024

Department/Board : Press Information Bureau

Date : 08.02.2024

Government of India at forefront to promote Alternative Dispute Resolution Systems

The Government has been at the forefront of promoting Alternative Dispute Resolution Systems. The enabling legal framework for resolution of disputes through Alternative Dispute Resolution (ADR) has been provided under Section 89, Civil Procedure Code, 1908. Section 89 recognises, Arbitration, Conciliation, Mediation and Judicial Settlement including settlement through Lok Adalat. It provides for the court to refer a dispute for settlement by either of these modes, where it appears that there exist elements of a settlement, which may be acceptable to the parties.

Further, section 6 of the Mediation Act, 2023 enables the court to refer for mediation, if deemed appropriate, any dispute relating to compoundable offences including the matrimonial offences which are compoundable and pending between the parties. However, the outcome of such mediation shall be further considered by the court in accordance with the law for the time being in force. Therefore, the provisions of the Mediation Act, 2023 enable and recognise settlement of compoundable offences in terms of the provisions contained therein.

The disposal of pending cases in courts including those which are compoundable lies within the exclusive domain of the judiciary. The Government has no direct role in the disposal of cases in courts. The Government, however, has been making constant endeavors to provide an ecosystem for faster and efficient disposal of cases by the judiciary.

It has been constant effort of the Government to reduce litigation in courts. A number of efforts over the years, have been initiated in the country with the vision to faster dispensation of Justice.

The National Mission for Justice Delivery and Legal Reforms was set up in August, 2011 with the avowed objectives of increasing access by reducing delays and arrears in the system and enhancing accountability through structural changes and by setting performance standards and capacities.

Under the Centrally Sponsored Scheme for Judicial Infrastructure, funds are being released to States/UTs for construction of court halls, residential quarters for judicial officers, lawyers' halls, toilet complexes and digital computer rooms for aiding justice delivery. Since the inception of the said Scheme in the year 1993-94, Rs. 10035 crores have been released under the Scheme. The number of court halls has increased from 15,818 as on 30.06.2014 to 21,507 as on 30.11.2023 and number of residential units has increased from 10,211 as on 30.06.2014 to 18,882 as on 30.11.2023, under this Scheme.

Under the e-Courts Mission Mode Project, information and communication technology (ICT) has been leveraged for IT enablement of district and subordinate courts. Furthering computerization of the district and subordinate courts has been carried out with proper WAN connectivity, video conferencing facility, setting up of e-Sewa Kendras in the court complexes and virtual courts etc. under Phase-I and II of the eCourts project. Recently, the Cabinet on 13.09.2023 has approved Phase-III of eCourts with a budgetary outlay of Rs.7,210 crores. Taking the gains of Phase-I and Phase-II to the next level, the e-Courts Phase-III aims to usher in a regime of maximum ease of justice by moving towards digital, online and paperless courts. It intends to incorporate latest technology such as Artificial Intelligence (AI), Block Chain etc. to make justice delivery more robust, easy and accessible to all the stakeholders.

The Government has been regularly filling up the vacancies in the higher judiciary. From 01.05.2014 to 08.12.2023, 61 Judges were appointed in Supreme Court. Further, 965 new Judges were appointed and 695 Additional Judges were made permanent in the High Courts. The sanction........