NITI Aayog pushes for ODR for speedy access to justice

The government litigation contributes to 46% of all litigation in the country and not only burdens the courts but also imposes a huge cost on the public exchequer. In 2017-18, the expenditure incurred by the central government in contesting cases in the Supreme Court alone was Rs. 47.99 crore. According to the report titled “Designing the future of dispute Resolution: the ODR Policy Plan for India”,  as of September 23, 2020, the government had 5,80,132 cases pending in different courts across the country. It is said that due to the Covid-19 pandemic, a large section of the society did not receive timely access to justice and it also added to the already lengthy court process. The NITI Aayog released this report on Online Dispute Resolution (ODR) to advance access to justice and ensure that cases do not end up before higher courts.

The report is a culmination of the action plan made by a committee constituted at the peak of the Covid crisis by NITI Aayog on ODR in 2020 and chaired by Supreme Court Justice (Retd) AK Sikri. ODR is aimed at resolving disputes outside of the court system through arbitration, mediation, and negotiation. At the structural level, the report recommends increasing access to digital infrastructure, building capacity through training, strengthening paralegal service, etc. “The government can mandate certain categories of disputes to be resolved through ODR before approaching courts,” said the report. It also recommends measures to tackle challenges at the behavioural level by adopting ODR for government litigation.

NITI Aayog has recommended the introduction of a regulatory framework for mediation and e-mediation for introducing digital innovation in legal processes. Currently, physical copies of documents and physical presence for verification are essential. The report recommends mainstreaming of e-stamping, allowing online notorisation, integration of eSign for electronic signature and electronic seal, maintaining secure electronic records.