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The Problem Explained
3.5 crore cases are pending
across courts in the country.
India’s judge to
population ratio (14
judges per 10 lakh
people) is the lowest in
the world; whereas the
average in developing
countries is roughly 40
judges per 10 lakh
people.
Average disposition time of a case
is 15 years.
The SC has recently observed that
litigation has become expensive
and time consuming.
Our Proposal
Proposal to constitute constituency
level Community Conciliation
Centres to address the problem.
Three Issues to be Addressed Simultaneously:
- Less expensive redressal of disputes
- Ensuring time-bound justice
- Reducing procedural wrangles In tune with the observations of
Supreme Court, an attempt must
be made to promote Alternate
Dispute Resolution systems to
meet the requirement.
Community Conciliation Centres
The Community Conciliation Centres are for
at the local community
level.
They will be instituted at
assembly constituency level in
every state/union territory.
Arbitration in these centres
includes Mediation and
Conciliation.
The Basic Idea
To encourage people to adopt and accept arbitration
as means of dispute resolution because there is need to
develop Alternate Dispute Resolution systems.
Creating a concrete platform to take
forward the concept of arbitration as
envisioned in the Arbitration and
Conciliation Act, 1996.
To give every citizen economic and
time-bound solutions to disputes at
local level.
Working Mechanism
Jurisdiction
A CCC’s jurisdiction covers its own
constituency. If there is a dispute
affecting people in different
constituencies, jurisdiction will be
decided on the basis of cause of
action.
What is the scope?
These centres function under the
provisions of the Arbitration and
Conciliation Act 1996.
Appeals
Appeals will not go to court. An assembly of all
the 8 Mediators will form a Bench which can be
approached for appeals.
Who will work in the Centres?
The 8 Mediators will be elected
from amongst the community, and
they will hold a job that is
recognised by the government,
i.e., a government job.
The Mediators
The 8 Mediators will elect
from themselves a head
who will take care of the
maintanance of the Centre.
Distinct From Lok Adalats
The Arbitration and Conciliation Act, 1996
expects people to appoint their own
arbitrators.
This is taken care of at the
community level in this system.
Why CCCs Instead of Courts
Unique Feature of Community Conciliation Centres:
It is a better idea to create Community Conciliation Centres instead of going for
creating new courts because
Less procedure ensures
time-bound justice
Appeals at court take timeLitigation in courts has
become expensive
Spreading Awareness About ADR
Systems
This will lead to reduce the impact of docket explosion
in courts.
There is a dire need for
spreading awareness about
Arbitration as an alternate
dispute resolution system.
Volunteers from various legal
professions are roped in to
conduct workshops and public
meetings.
Lawyers, judges and other eminent legal
scholars are given opportunities to
interact with the common-man to spread
awareness about Arbitration
The programme aims to educate and
encourage people to accept Arbitration
as an ADR system.
Funding
 Government’s funds will be
used for the infrastructure
of the Centre: Building,
management, etc.
 Parties will be asked to
pay a fee equal to the
court fee for regular
maintanance of the Centre.
Capital Expenditure Revenue Expenditure
Since the apex court has been advocating that the litigant public
must resort to Alternate Dispute Resolution systems, the government
must extend the necessary financial sustenance.
Pros and Cons
 Speedy Justice is ensured to all
citizens at community level
 No question of expensive
litigation; economic redressal
 Less procedures; less time-
consuming
 Democratic Element in election of
Mediators:By people’s own
choice they can elect their own
judges.
 People might be apprehensive about approaching the
new system
CAN BE ADDRESSED BY AWARENESS CAMPAIGNS
 High cost involved in elections might deter government
IT IS CHEAPER THAN INSTITUTING NEW COURTS
 Backlash from the Lawyer Community
CAN BE ADRESSED BY INCLUDING A LAW DEGREE AS
QUALIFICATION FOR A MEDIATOR
 Deciding a jurisdiction in case of inter-constituency
disputes.
COMING UP WITH STRICT GUIDELINES WILL SOLVE THE
ISSUE
PROS CONS
References
 The Arbitration and Conciliation Act, 1996
 ‘Litigation Beyond the Reach of Poor, Says Apex Court’, Article in The New Indian Express, dated
25th August 2013 http://newindianexpress.com/nation/Litigation-has-gone-beyond-reach-of-
poor-man-SC/2013/08/25/article1751207.ece
 ‘CJI, P Sathasivam on Arbitration’, accessed from http://lexarbitri.blogspot.in/2013/07/chief-
justice-of-india-designate-p.html
 ‘Practical Approach to Arbitration and Concilliation’ by Aruna Sarma (2006)
 ‘Law of Arbitration and Concilliation Including Other ADRs ‘ by SK Chawla (2012)
 ‘Commentary on the Arbitration and Conciliation Act’ by Justice SB Malik (5th Edition 2011)
 ‘The Law And Practice Of Arbitration And Conciliation’ by OP Malhotra & Indu Malhotra (2006)

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communitycc123

  • 1.
  • 2. The Problem Explained 3.5 crore cases are pending across courts in the country. India’s judge to population ratio (14 judges per 10 lakh people) is the lowest in the world; whereas the average in developing countries is roughly 40 judges per 10 lakh people. Average disposition time of a case is 15 years. The SC has recently observed that litigation has become expensive and time consuming.
  • 3. Our Proposal Proposal to constitute constituency level Community Conciliation Centres to address the problem. Three Issues to be Addressed Simultaneously: - Less expensive redressal of disputes - Ensuring time-bound justice - Reducing procedural wrangles In tune with the observations of Supreme Court, an attempt must be made to promote Alternate Dispute Resolution systems to meet the requirement.
  • 4. Community Conciliation Centres The Community Conciliation Centres are for at the local community level. They will be instituted at assembly constituency level in every state/union territory. Arbitration in these centres includes Mediation and Conciliation.
  • 5. The Basic Idea To encourage people to adopt and accept arbitration as means of dispute resolution because there is need to develop Alternate Dispute Resolution systems. Creating a concrete platform to take forward the concept of arbitration as envisioned in the Arbitration and Conciliation Act, 1996. To give every citizen economic and time-bound solutions to disputes at local level.
  • 6. Working Mechanism Jurisdiction A CCC’s jurisdiction covers its own constituency. If there is a dispute affecting people in different constituencies, jurisdiction will be decided on the basis of cause of action. What is the scope? These centres function under the provisions of the Arbitration and Conciliation Act 1996. Appeals Appeals will not go to court. An assembly of all the 8 Mediators will form a Bench which can be approached for appeals. Who will work in the Centres? The 8 Mediators will be elected from amongst the community, and they will hold a job that is recognised by the government, i.e., a government job. The Mediators The 8 Mediators will elect from themselves a head who will take care of the maintanance of the Centre.
  • 7. Distinct From Lok Adalats The Arbitration and Conciliation Act, 1996 expects people to appoint their own arbitrators. This is taken care of at the community level in this system.
  • 8. Why CCCs Instead of Courts Unique Feature of Community Conciliation Centres: It is a better idea to create Community Conciliation Centres instead of going for creating new courts because Less procedure ensures time-bound justice Appeals at court take timeLitigation in courts has become expensive
  • 9. Spreading Awareness About ADR Systems This will lead to reduce the impact of docket explosion in courts. There is a dire need for spreading awareness about Arbitration as an alternate dispute resolution system. Volunteers from various legal professions are roped in to conduct workshops and public meetings. Lawyers, judges and other eminent legal scholars are given opportunities to interact with the common-man to spread awareness about Arbitration The programme aims to educate and encourage people to accept Arbitration as an ADR system.
  • 10. Funding  Government’s funds will be used for the infrastructure of the Centre: Building, management, etc.  Parties will be asked to pay a fee equal to the court fee for regular maintanance of the Centre. Capital Expenditure Revenue Expenditure Since the apex court has been advocating that the litigant public must resort to Alternate Dispute Resolution systems, the government must extend the necessary financial sustenance.
  • 11. Pros and Cons  Speedy Justice is ensured to all citizens at community level  No question of expensive litigation; economic redressal  Less procedures; less time- consuming  Democratic Element in election of Mediators:By people’s own choice they can elect their own judges.  People might be apprehensive about approaching the new system CAN BE ADDRESSED BY AWARENESS CAMPAIGNS  High cost involved in elections might deter government IT IS CHEAPER THAN INSTITUTING NEW COURTS  Backlash from the Lawyer Community CAN BE ADRESSED BY INCLUDING A LAW DEGREE AS QUALIFICATION FOR A MEDIATOR  Deciding a jurisdiction in case of inter-constituency disputes. COMING UP WITH STRICT GUIDELINES WILL SOLVE THE ISSUE PROS CONS
  • 12. References  The Arbitration and Conciliation Act, 1996  ‘Litigation Beyond the Reach of Poor, Says Apex Court’, Article in The New Indian Express, dated 25th August 2013 http://newindianexpress.com/nation/Litigation-has-gone-beyond-reach-of- poor-man-SC/2013/08/25/article1751207.ece  ‘CJI, P Sathasivam on Arbitration’, accessed from http://lexarbitri.blogspot.in/2013/07/chief- justice-of-india-designate-p.html  ‘Practical Approach to Arbitration and Concilliation’ by Aruna Sarma (2006)  ‘Law of Arbitration and Concilliation Including Other ADRs ‘ by SK Chawla (2012)  ‘Commentary on the Arbitration and Conciliation Act’ by Justice SB Malik (5th Edition 2011)  ‘The Law And Practice Of Arbitration And Conciliation’ by OP Malhotra & Indu Malhotra (2006)