Lok Adalats Integral To Efficient Justice Delivery System: Justice Dipak Misra

The Supreme Court reportedly had 80,439 open cases in 2023, not to forget the large number of cases pending before the lower courts. While delay in disposal of cases plagues the justice disposal mechanism owing to multiple reasons including a large demographic, keeping a positive mindset and finding practical solutions to the problem hold the key in moving ahead.

Talking about the problem of pendency of cases, Justice Dipak Misra, former Chief Justice of India, said that the courts are working and he is in favour of docket inclusion instead of docket exclusion. He also insisted that people must always keep in mind that arrears of a case is different from pendency of a case. 

“It is important to keep a positive mindset without feeling pessimistic about the justice delivery system,” said Justice Misra.

Touching upon the means for improving the ratio of disposal of cases, the veteran jurist said that while arbitration and mediation are welcome steps, people must also consider the work Lok Adalats are doing simultaneously. “Lakhs and lakhs cases have been disposed off through compromise”, he said.

Speaking from personal experience, Justice Misra recalled a cheque dishonour case that came before him while he was serving as a chairman of SLSA in 2007. While the applicant seemed to be obstinate in demanding Rs 5000 as penal interest over and above the dishonoured amount of Rs 15000, the case stood resolved through a pragmatic and witty approach with the applicant getting Rs 1000 as penal interest over and above Rs 15000. Justice Misra insisted that patience, common sense and finding creative solutions through problem solving hold the key for swift disposal of cases. 

Sharing another positive example for advancing the efficient justice delivery mechanism, Justice Misra drew attention to the fact that law allows tax practitioners to opt for arbitration instead of approaching the High Court for dispute resolution. 

Before closing his keynote address at the BW Legal World Global Legal Leaders Summit And Awards, Justice Misra reminded everyone that dharma, equity and fairness are embedded in our conscience and the Indian model of governance as provided in the shastras and the written and unwritten principles should guide us in the process of justice delivery at all times.

“The power of negotiation is bigger than nuclear power”, said Justice Misra.