The primary responsibility remains that of the government to ensure timely & responsive justice to the public and also to provide them all a right to “access to justice”. Article 39-A of the Constitution of India, 1950, also creates an obligation on the government to provide equal justice and free legal aid and to provide opportunity to all for “Access to Justice”. The efficiency and effectiveness of any State is undoubtedly measured by the successful coordination between its three organs vig., legislature, executive & the judiciary.
The joint concern of judiciary & the state government to provide “access to justice” to all and to work out effective dispute resolution mechanism was shared recently in the joint meeting of Hon’ble Chief Minister & Chief Justice and Hon’ble Judges of Delhi High Court held on 28.7.2009, wherein it was resolved to take steps to quicken pace of justice delivery system, including the strengthening of ADR mechanism and to establish an in-house mechanism in the government for amicable settlement of such case where government was a party.
In the joint Conference of Chief Ministers of the States & Chief Justices of the High Courts on 16th August 2009, one of the issues discussed was strengthening of ADR systems and it was resolved that Mediation Centers be set up in each district with requisite infrastructure & funds be allocated to them.On the advice of Hon’ble Minister of Law, Government of India, the Hon’ble CM of Delhi promptly advised its Law Department to do the needful at the earliest. A proposal for setting up of the Society drafted which was appreciated by the Hon’ble Lieutenant Governor of Delhi and the Hon’ble Chief Minister of Delhi has understood the vision of the Society of providing easy access to justice to all and promptly gave her approval for setting up of the Society as part of the Law Department.
This saw the genesis of Delhi dispute Resolution Society (Regd.) as part of the Department of Law & Justice, Government of NCT Delhi. This society has institutionalized the mechanism of ADR with the following mission statement:
- To help parties resolve their disputes amicably, economically & quickly.
- To increase social harmony in the society.
- To save cost of litigation to the state & the courts.
- To Clear bock log of petty cases from the courts.