Dispute Resolution In India Problems & Perspectives

The culture to be developed by legal professionals should be to emphasize rights as per the rule of law and not to impliedly drive the approaching public lose (a) focus of their rights on account of time taken to deliver results or (b) faith in the justice delivery system altogether

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Throughout the world, lawful methods adopted for dispute resolution are meant not only for resolution but also to instil and maintain faith in due process and rule of law as to the protection of individual rights. The common man’s need to seek justice must be served with a timely remedy through institutions; therefore, strong mechanism and suitable methods for justice administration ought to be a high priority for the state.

In India, the process for dispute resolution is laid out through the establishment of constitutional courts, constitutional appellate courts of remedy, commissions and tribunals constituted under specified enactments, subordinate judiciary (district courts, magistrate courts), consumer fora, formation of judicial enquiry commissions, appellate fora, revenue/quasi-judicial besides an emphasis on alternative dispute mechanisms such as mediation and/or arbitration. The Constitution of India, Parliament, State Legislatures are the creators of law on various subjects, while the Supreme Court of India too, in the past four decades, exercised its extraordinary constitutional powers to prescribe laws through judicial precedents on important topics such as environment, sexual harassment, to name a few. The prescription of THREE LISTS of various subjects in the Constitution to frame laws has been best utilized by Parliament and the states to ensure the rule of law.