Alternative Dispute Resolution and the Right to Speedy Justice under Article 21 of the Constitution of India
The right to speedy trial and expeditious justice has been recognised as an inalienable facet of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India. The Indian judiciary, perennially burdened by an overwhelming docket, has increasingly turned to Alternative Dispute Resolution (ADR) mechanisms—arbitration, mediation, conciliation, and Lok Adalats—as constitutional instruments to operationalise this right. This article undertakes a doctrinal and jurisprudential examination of the interface between ADR and Article 21, tracing the evolution of the constitutional mandate of speedy justice through landmark judgments, legislative architecture, and institutional developments. It argues that ADR is not merely a procedural adjunct but a substantive constitutional imperative rooted in the guarantee of life and liberty. The article also critically appraises systemic constraints that impede the full realisation of ADR's constitutional promise and offers normative recommendations for reform.
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