A dispute is an expression of unresolved tension. Conflict can be interpreted simply as the product of differences that differentiate people and bring to life individual desires. While conflict is unavoidable, disputes are not necessary. India's Constitution is based on the notion of a welfare state. It is the duty of the State to ensure access to justice for its people through the establishment of mechanisms for the resolution of judicial and non-judicial disputes that provide prompt and effective justice and protect their legal and constitutional rights. Ignorance, poverty and other social disorders should not constitute obstacles to justice. It is now known that free legal aid must be granted to an indigent person who is unable to defend himself on the grounds of money and others before a court of law and who is now also required by Articles 39-A and 21 of the Indian Constitution. The law will support the poor who have no way of tackling their causes.
In the preamble itself, this ideal is expressed in our Constitution, which speaks of justice in all its forms, that is, social, economic and political. The preamble guarantees justice, cultural, economic, and political rights for all Indian people. “Justice" refers briefly to the Legal Aid Camps, Family Courts, Village Courts, Mediation Centers, Commercial Arbitration, Consumer Protection Forums for Women Centres, etc., which are but distinct facets of an effective alternative dispute resolution system. The Constitution of India is the fundamental norm of this country; it includes provisions that mean that individual behaviour is harmoniously integrated with the general welfare of society in order to achieve justice. The conduct or action of a person is said to be sole if it supports the general well-being of the community. The achievement of the common good, therefore, is the essence of justice, as distinct from the good of individuals. Legal justice is part of social justice and parcel of it. As often as legal justice is refused, the culture gets upset. A legal system forms part of a state which, by resolving disputes, maintains social stability. It is extremely necessary to settle cases in India quickly in a country aimed at protecting the socio-economic and cultural rights of citizens, as the courts alone can not handle the huge backlog of cases. By applying the mechanisms of Alternative Dispute Resolution, this can be effectively achieved.
Article 21 states that 'except in accordance with the procedure laid down by law, no person shall be deprived of his life or his personal liberty.' The word life and liberty are not to be read narrowly; in its broadest sense, it is to be interpreted.
The right to prompt trial is also a component of the right to life and to personal rights. Article 21 was allowed by the Supreme Court to expand the objectives as widely as legally possible. The explanation for that liberal interpretation was very straightforward in that Article 21 was intended to alleviate the mental anguish, the expenses and the burden that a person has to face in the litigation and, in combination with delays, the deterioration of the ability or ability of the defendant to defend himself.
Article 39-A requires the State to ensure that the functioning of a legal system which promotes justice on the basis of equal opportunities and, in particular, grants free legal assistance, through appropriate legislation or arrangements, or in any other way, ensures that no citizen is denied opportunities for justice because of economic or other disabilities.
Through all this, we can see that a state's most important function is the protection of justice and assists in it through the ADR processes. Therefore, a lot of legislation, such as the 1996 Arbitration and Conciliation Act; CPC Section 89; the 1987 Law of the Legal Services Authority to facilitate justice.
Therefore, we can see that the constitution has given key importance to the alternative process of conflict resolution. To have an alternative forum for dispute resolution, the state has an obligation to pass a law. The same has been recognized in the context of the adoption of the Alternative Dispute Resolution Process by the legislature and by various laws.
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts that have been made to ensure the accuracy and correctness of the information published, White Code Legal and Tax shall not be responsible for any errors caused due to human error or otherwise.
