Alternative dispute resolution mechanisms a boon: former CJI

Retired Chief Justice of India Altamas Kabir said the alternative dispute resolution mechanism in the country has reduced the burden on the courts.

Tribunals, arbitrations, conciliations and Lok Adalats have cleared cases, particularly cases of “petty nature”. But he felt that these alternative mechanisms, without filling the vacancies of positions in the courts and without building more judicial infrastructures would be inadequate in delivery of speedy justice in the country.

“Mega lok adalats have records of resolving more than a million disputes in a day. Two international arbitration centres – one in Delhi and the other in Bangalore – have lessened pressure on courts. “But I still wonder if vacancies could be filled in courts could be filled, things could have been much better,” Kabir said at a meeting organised by Calcutta Chamber of Commerce here recently.

He said that out 168 positions for judges at the Allahabad High Court, not more than 93 could be filled simply because there were not enough chambers for the all the judges.

Former Chief Justice of Jharkhand, Himachal Pradesh and Uttarakhand VK Gupta said it was estimated that if no new cases were filed, the current pending cases in the country could take 350 years to clear.

The Allahabad High Court has around one million pending cases, whereas the Calcutta High Court has over five lakh pending cases.

According to data available with the Supreme Court, the number of pending cases with the Apex Court is 64,919 as on December 14. Pending cases in all high courts put together was around five million and at the lower courts, the figure stands around three crore.

Kabir also felt that change in sensitivity and attitude could make a difference in delivering speedy justice.

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