A very well known theory apply in the judicial system of India that is "justice delayed is justice denied", there are approximately 59,867 criminal cases pending before the Supreme Court of India. The condition is even more worse in subordinate judicial system like there are 44.75 lakhs pending cases before the various high courts of India and 3.14 crores pending cases before the district and subordinate Courts. Pendency of cases across Courts in India has increased in last one decade. In various Highcourt around 25% of the cases pending before it since 10 years. The pendency of cases before the judiciary has become a challenge for the judicial system of our country. Law Commission of India is neither of constitutional body not a statutory body, but it is an executive body established by an order of the Government of India major function performed by law commission is to make legal reforms in the judicial system of India, it is also work ok as an advisory body to the ministry of law and Justice. 120th Law Commission report state that there are five fold increase in number of judges in the country.
Alternative dispute resolution methods are the need of the hour to resolve the criminal cases as well. It is the best alternative system of settling the cases pending before the court without without litigation. Alternative dispute resolution methods helps in many ways like it have the victim to get justice on time and even these methods save the time of the Courts as well. There are various methods of ADR dispute parties will select methods according to their convenient. Following methods are arbitration, conciliation, negotiation, mediation. There is establishment of Lokpal and lokayukt for getting speedy justice, there are also the set up of Lok Adalat (people's court) at various level.
Right to speedy trial which is a fundamental right of the citizen guaranted under article 21 of the Indian Constitution: protection of life and personal liberty; no person shall be deprived of his life aur personal liberty except according procedure established by law.
** Hussainara Khatoon vs Home secretary, state of Bihar (1980) *Supreme court established speedy trial as a fundamental right of the citizens.
Article 38(1): the state shall promote the welfare of the people by ensuring and protecting as effectively as it may a social order in which justice, social, economic and political shall inform all the Institution of the national life.
Article 39(A): it provides for free Legal Aid to the poor and weaker section of the society and ensure justice to all.
Justice Ventachaliah said that Judiciary should adopt the new tools and Technology that will speed up process and mitigate delays. It means there is strong need of ADR in criminal cases to reduce the burden of the courts.