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ADR & the objective of constitution of India
A new tool develop to resolve the conflict between the parties and that is alternative dispute resolution mechanism they are various form of alternative dispute resolution like arbitration, conciliation, mediation, negotiation Lok Adalat. Alternative dispute resolution mechanism is cost effective and provide speedy justice to the disputed parties it is as efficient as the litigation. ADR is not a new concept, it was travelling from ancient time. Panchayat or village assembly and existed in ancient India as self governing institution which had distinct and well defined function. It represent not on the collective will, but also the collective wisdom of the entire ruler community. Village panchayat based on the principle of "Panch Parmeshwar" of Gram Panchayat.
As we know that the concept of rule of law was developed by Dicey which means Supremacy of law and equality before law. In part III of the Indian Constitution that is fundamental rights which is also known as "Magna Carta" of Indian Constitution. Article 14 of the Constitution state: Right to Equality which means equality before the law and equal protection of law. "No man is above the law" and "everyone is equal in the eyes of law". It has an equal right to seek redressal like other Litigants.
By the wider interpretation of article 21 that is "right to life and personal liberty" means, no one is deprived of life and personal liberty except procedure established by law. Speedy justice is a fundamental right guaranteed under article 21 of the Indian Constitution, it was headed in the landmark case (Hussainara Khatoon vs Home secretary, state of Bihar). ADR provide speedy justice to the disputed parties outside the court which fulfilling the objective of the constitution.
Part 4 of the Indian Constitution, that is directive principle of State Policy, it is the responsibility of each state to provide equal opportunity for attending Justice by providing free Legal Aid mention under article 39A of the Indian Constitution, because the procedure of the court is expensive which everyone can't bear. ADR mechanism somewhere help to achieve the objective of article 39A.
Article 40 of the directive principle of State Policy direct state to organise village panchayat.
Article 51 of the Indian Constitution state that: promotion of international peace and security the state shall endeavour to (a) promote international peace and security (b) maintain just and honourable relation between the nations (c) foster respect for international law treaty obligations in the dealing of organised people with one another: and it encourage settlement of international disputes by arbitration. ( Which is one of the mechanism of alternative dispute resolution).
So here I want to conclude, that ADR helps to achieve the objective of the constitution by regulating various legislation like Arbitration and Conciliation act 1996, Lokpal and lokayukt act, establishment of Lok Adalat at various level.
- Introduction
- ADR & Indian constitution
- Conclusion
