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ARTICLE · 06 SEPTEMBER 2004

ADR: An Idea the Time for Which Has Come!

Praa
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is an uncontroversial fact that our country is suffering from acute problem of population explosion. This in turn has given rise to diverse problems including those of disputes, differences and conflicts. Even our judiciary is suffering from population problem i.e. docket explosion of pending cases.

IndiaInternational Law
Pawan Agarwal
Pawan Agarwal

"I am pained to observe that the judicial system in the country is almost on the verge of collapse. These are strong words I am using but it is with considerable anguish that I say so. Our judicial system is creaking under the weight of arrears."

- Former Chief Justice P.N. Bhagwati (1997 SCC page 10)

INTRODUCTION

It is an uncontroversial fact that our country is suffering from acute problem of population explosion. This in turn has given rise to diverse problems including those of disputes, differences and conflicts. Even our judiciary is suffering from population problem i.e. docket explosion of pending cases. It is estimated that more than 25 Million cases are pending in over 8000 Indian courts. Besides, millions of fresh cases are filed every year. As a result court cases can take up to ten to fifteen years for the original trial hearing and thereafter another three to five years in appeals and there can be appeal against appeal. As a result, Counsels in India specialize in

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