ALTERNATIVE DISPUTE RESOLUTION AND JUDICIAL PENDENCY IN INDIA - A COMPREHENSIVE LEGAL RESEARCH

The Indian judiciary is currently facing a severe crisis of judicial backlog and delayed justice
delivery. Judicial pendency has become a structural challenge, affecting access to justice and
weakening public confidence in the legal system. As per recent data, more than 55 million
cases are pending across Indian courts, with a majority in subordinate courts.¹
The traditional adversarial system, though foundational to Indian jurisprudence, is increasingly
unable to handle the growing volume of disputes due to procedural delays, shortage of judges,
and infrastructural limitations. In this context, Alternative Dispute Resolution (ADR)
mechanisms—such as arbitration, mediation, conciliation, and Lok Adalats—have emerged as
effective alternatives.
ADR aims to provide speedy, cost-effective, and flexible dispute resolution while reducing the
burden on courts. Legislative recognition of ADR is evident in statutes like the Arbitration and
Conciliation Act, 1996 and Section 89 of the Code of Civil Procedure, 1908.