CJI bats for structured national registry of former judges willing to serve in ADR

The Chief Justice of India (CJI) Surya Kant advocated for a structured national registry of former judges willing to serve in Alternative Dispute Resolution ...

What Happened

The Chief Justice of India (CJI) Surya Kant advocated for a structured national registry of former judges willing to serve in Alternative Dispute Resolution (ADR) mechanisms, including mediation, arbitration, conciliation, and Lok Adalats.
The CJI stated: "Mediation, Lok Adalats, Arbitration, Conciliation — these are not the back door to justice. For millions of Indians, they are the only door."
The CJI called the trust earned by retired judges a "precious national resource" and said failing to utilise it would be a loss to the public; retired judges could also mentor mediators and train legal aid lawyers.
The remarks were made in the context of India's massive judicial backlog — approximately 5.1 crore cases pending across courts as per the National Judicial Data Grid.
NALSA data for 2024 records over 4.75 crore cases disposed across four National Lok Adalats, with pre-litigation cases outnumbering pending-case disposals for the first time.

Static Topic Bridges

Alternative Dispute Resolution (ADR) in India: Framework Overview

ADR refers to mechanisms for resolving disputes outside formal court proceedings. India's ADR ecosystem includes Lok Adalats, mediation, arbitration, and conciliation — each governed by separate statutes. ADR is encouraged under Section 89 of the Code of Civil Procedure (CPC), 1908, which empowers courts to refer disputes to any ADR forum.

Section 89 CPC, 1908: Courts may refer cases to arbitration, conciliation, mediation, judicial settlement (including Lok Adalat)
Arbitration: Governed by Arbitration and Conciliation Act, 1996 (amended 2015, 2019, 2021)
Mediation: Governed by Mediation Act, 2023 (standalone legislation; before 2023, operated under Section 89 CPC)
Lok Adalat: Governed by Legal Services Authorities Act, 1987 (Section 19)
Conciliation: Part III of Arbitration and Conciliation Act, 1996
ADR is constitutionally grounded in Article 39A: Directive Principle requiring the State to ensure equal justice and free legal aid

Connection to this news: The CJI's proposal for a national registry of retired judges is aimed at institutionalising the supply of qualified neutrals for ADR forums — directly addressing a structural bottleneck in India's dispute resolution ecosystem.

Lok Adalat: India's Indigenous ADR Mechanism

Lok Adalat ("People's Court") is the most distinctly Indian ADR mechanism, rooted in Gandhian principles of voluntary settlement. Established under the Legal Services Authorities Act, 1987, Lok Adalats operate at national, state, district, and taluka levels under the aegis of the National Legal Services Authority (NALSA) and State Legal Services Authorities (SLSAs).

Statutory basis: Section 19, Legal Services Authorities Act, 1987
NALSA established: Under Section 3 of the same Act; statutory authority
Jurisdiction: Can take pre-litigation disputes and matters pending before courts; covers both civil and compoundable criminal cases
Award: Final and binding; deemed a decree of a civil court; no appeal lies to any court
Court fee: Refunded to parties if a pending case is settled through Lok Adalat
Permanent Lok Adalats: Under Chapter VI-A of the Act (added in 2002); handle public utility services; Presiding Officer is a retired judge
National Lok Adalat: Held periodically; simultaneous sittings across the country
2024 data: 4.75 crore cases disposed across 4 National Lok Adalats; pre-litigation cases exceeded pending cases for first time

Connection to this news: The CJI's proposed national registry directly supports Permanent Lok Adalats and the expanded Lok Adalat ecosystem by ensuring a steady pipeline of experienced judicial officers.

Mediation Act, 2023: India's Standalone Mediation Law

The Mediation Act, 2023 (No. 32 of 2023, enacted 14 September 2023) is India's first standalone legislation exclusively governing mediation. It superseded the fragmented mediation framework that previously operated under Section 89 CPC and various court-annexed schemes.

Enacted: 14 September 2023
Key provision: Mandates pre-litigation mediation before approaching courts (with exceptions for urgent interim relief)
Mediated Settlement Agreement (MSA): Enforceable as a court decree once registered under the Act
Mediation Council of India: Established under the Act to regulate mediators, accredit institutions, and set standards
Online mediation: Recognised as a valid process
Exclusions: Does not apply to criminal matters, cases involving minors or persons of unsound mind, or matters involving fraud
Significance: Aligns India with UNCITRAL Model Law on International Commercial Mediation (Singapore Convention, 2019)

Connection to this news: The CJI's national registry proposal complements the Mediation Act, 2023 — a registry of former judges willing to serve as mediators would operationalise the Act's mandate for pre-litigation mediation at scale.

Arbitration Framework in India

Arbitration is a private, binding dispute resolution mechanism where parties agree to have their dispute decided by a neutral arbitrator (or panel). India's Arbitration and Conciliation Act, 1996 (based on UNCITRAL Model Law) governs both domestic and international commercial arbitration.

Governing law: Arbitration and Conciliation Act, 1996 (amended significantly in 2015, 2019, 2021)
2015 amendment: Fixed timelines — arbitral tribunals to complete proceedings within 12 months (extendable to 18 months with court permission)
2019 amendment: Introduced Arbitration Council of India (ACI); fast-track procedure (6 months for small claims)
2021 amendment: Allowed unconditional stay of arbitral awards tainted by fraud/corruption
Section 29A: Time-bound arbitration (12+6 months); critical for reducing delays
India-seated arbitrations: Governed by Part I; awards challengeable under Section 34 (limited grounds)
International commercial arbitration: Governed by Part II (New York Convention, Geneva Convention)

Connection to this news: Former judges serving in arbitration panels — especially for institutional arbitration — lend credibility and reduce the trust deficit that has historically driven parties to prefer foreign arbitration seats like Singapore and London.

Judicial Backlog: Scale and Institutional Response

India's courts face a structural backlog challenge. As of 2024, approximately 5.1 crore cases are pending across district courts, High Courts, and the Supreme Court. The National Judicial Data Grid (NJDG) — maintained by the Supreme Court — provides real-time data on pendency, disposals, and filing rates.

Total pending cases (2024): ~5.1 crore across all courts
Supreme Court pendency: ~80,000–85,000 cases
High Court pendency: ~62 lakh cases
District court pendency: ~4.4 crore cases
Cases over 10 years old: ~18 lakh (across all courts)
NALSA 2024: 4.75 crore cases disposed via 4 National Lok Adalats
Judge-population ratio: India has ~21 judges per million population (Law Commission recommended 50 per million)
Phase III of e-Courts Project: Aims to digitise all court records and enable AI-assisted case management

Connection to this news: The sheer scale of pendency makes it impossible to clear the backlog through formal courts alone; the CJI's national registry proposal is a systemic intervention to deploy experienced legal minds in ADR channels as a pressure valve.

Key Facts & Data

CJI (as of April 2026): Justice Surya Kant
Total pending cases in India (2024): ~5.1 crore
NALSA 2024: 4.75 crore cases disposed via 4 National Lok Adalats
Lok Adalat statutory basis: Section 19, Legal Services Authorities Act, 1987
Lok Adalat award: Final and binding; no appeal; deemed civil court decree; court fee refunded
NALSA: Statutory authority under Legal Services Authorities Act, 1987
Mediation Act, 2023: Enacted 14 September 2023; mandates pre-litigation mediation
Mediated Settlement Agreement: Enforceable as court decree once registered
Mediation Council of India: Established under Mediation Act, 2023
Arbitration Act: Arbitration and Conciliation Act, 1996 (last amended 2021)
Section 89 CPC, 1908: Empowers courts to refer disputes to ADR
Article 39A of Constitution: DPSP — equal justice and free legal aid
Judge-population ratio in India: ~21 per million (vs. Law Commission recommendation of 50 per million)
Singapore Convention (UNCITRAL): Governs international commercial mediated settlements (India is a signatory)