The Hindu

`Alternative dispute resolution system has become important' 

Other statements
• There has been a proliferation of new laws
• It is not proper to blame the entire system

Bangalore, Mar 29: Chief Justice of the Karnataka High Court Cyriac Joseph on Tuesday March 28, said the alternative dispute resolution (ADR) system has become necessary as governments have failed to increase the number of courts and judges in proportion to the proliferation of new laws.

He was inaugurating a two-day training programme on "Arbitration, conciliation and mediation" for engineers of the Water Resources Department here. The programme was organized by the department and the International Centre for Alternative Dispute Resolution (ICADR).

Joseph said courts and judicial officers are being blamed for delays in disposal of cases, and the ADR system is, therefore, necessary. However, little attention is paid to the fact that the number of cases being disposed of by judicial officers has increased. The delay in disposal of cases, he said, is a result of enactment of new laws.

He said he is representing a defenceless and voiceless class (judges). "Parliament and legislatures have been profusely and enthusiastically enacting laws." While everyone is happy about new laws, and fresh cases under these laws are being filed, there is no proportionate increase in the number of courts and judicial officers, he added. Joseph said there might be a few instances of lethargy among judges or lawyers standing in the way of early disposal of cases. But it is not proper to blame the entire system for the crisis, he added. For the success of the ADR system, there should be a change in attitude among government officers. The person representing the government should be competent to make a commitment during ADR proceedings. If the decision to make a commitment has to be taken after consulting higher-ups, there will be a delay, he added.

Speaking on the basis of his experience of 15 years as a government advocate, Joseph said 50 per cent of government cases result from hesitation or reluctance by competent officers to take a decision. They pass the buck to the judiciary and ask courts to decide. To avoid litigation, officers should not hesitate to take a decision as per law, he said.