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CONSTITUTIONAL PROVISIONS AND LEGISLATIONS FOR ADR IN INDIA
CONSTITUTIONAL PROVISIONS AND LEGISLATIONS FOR ADR IN INDIA
An alternative Dispute resolution (ADR) refers to settling of disputes outside the court room. It is a process to resolve the dispute matter without litigation. The parties can arrive to a decision in an amicable manner with the guidance of a third party. The disagreement can be resolved through Arbitration, Mediation, Conciliation, negotiation or Lok adalat. ADR in the present scenario has gained an immense significance for resolving the conflicts between the parties without the approach of courts.
In India, the Alternative Dispute resolutions (ADR) are supported by many provisions in legislations which assist the ADR in smooth functioning without any interruption.
ADR and Constitution
The Constitution of India is based on the concept of the welfare and well being of the people .It is the duty of the state to provide justice to the aggrieved party by judicial or non judicial forums of dispute resolutions that lays timely and effective justice and enforcement of fundamental rights. Also in the case , Food Corporation of India. V. Joginderpal [1]the Court held that arbitration must be simple less technical and more responsible to the actual reality of situations, responsive to the principle of justice and fair play.
The primary motive of ADR was to impart a solution for the increasing burden of the courts. It was a step taken by the Legislature and judiciary to curb on the situation and achieve “Constitutional goal” for achieving justice.
Alternative Dispute Resolutions was founded in Indian Constitution under Article 14 and Article 21 which mentions about Equality for law and Right to Life and personal Liberty.
Under Article 39A of Constitution of India ADR also tries to achieve equal justice and free legal Aid under Directive principle of State policy. People who cannot defend themselves in a court of law due to the reason for insufficient money and now it also mandatory under Article 39-A and Article 21 of the Indian Constitution.[2]
The Acts relating to ADR
- Arbitration or Conciliation proceedings are dealt under the provisions of the Arbitration and Conciliation Act, 1996.
- Lok Adalat is mentioned under Section 20 (1) of the Legal Services Authorities Act 1987,
- Judicial Settlement in reference by a court to an institution or a person who shall be considered to be Lok Adalat and comply to all provisions of Legal Service Authorities Act 1987.
Indian Arbitration Act , 1940
The Arbitration Act, 1940 only dealt with the domestic Arbitration. Under this Act intervention of court was also necessary in the stages of arbitration of tribunal which was reference prior to dispute, during the proceedings, or after the decision was passed.
Indian Arbitration Act, 1996
It was Act made to modernize the Indian Arbitration Act of 1940. The parliament enacted Arbitration Act in 1996 for the point to make it less technical and useful for the people to resolve conflicts .It tried to remove defects and bring out a new arbitration law.
Thus, the constitutional provisions and legislations in India play a significant role for its smooth functioning and aids justice to the people in an effective manner.
[1] AIR 1989 SC 1263
[2] Avtar Singh –?Law of Arbitration and Conciliation? PP 397-398, 7 Edition, Eastern book Company, Lucknow.
- PROVISIONS OF THE CONSTITUTION
- LEGISLATIONS
- ADR
