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COMMUNITY CONCILIATION CENTRES. A Step Towards Ensuring Speedy and Expeditious Justice to the Common-Man. A SUBMISSION FOR MANTHAN. The Problem Explained. India’s Present Judicial Scenario. 3.5 crore cases are pending across courts in the country.
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COMMUNITY CONCILIATION CENTRES A Step Towards Ensuring Speedy and Expeditious Justice to the Common-Man A SUBMISSION FOR MANTHAN
The Problem Explained India’s Present Judicial Scenario 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 REQUIREMENT • Three Issues to be Addressed Simultaneously: • Less expensive redressal of disputes • Ensuring time-bound justice • Reducing procedural wrangles IDEA In tune with the observations of Supreme Court, an attempt must be made to promote Alternate Dispute Resolution systems to meet the requirement. PROPOSAL Proposal to constitute constituency level Community Conciliation Centres to address the problem.
Community Conciliation Centres WHAT ARE COMMUNITY CONCILIATION CENTRES? The Community Conciliation Centres are for Arbitration, Mediation and Conciliation at the local community level. WHAT DO THEY DO? WHERE WILL THEY BE CREATED? Arbitration in these centres includes Mediation and Conciliation. They will be instituted at assembly constituency level in every state/union territory.
The Basic Idea 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. To encourage people to adopt and accept arbitration as means of dispute resolution because there is need to develop Alternate Dispute Resolution systems.
Working Mechanism 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. 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. SELF SUSTAINING SYSTEM Appeals Appeals will not go to court. An assembly of all the 8 Mediators will form a Bench which can be approached for appeals. The Mediators The 8 Mediators will elect from themselves a head who will take care of the maintanance of the Centre. Decision of the CCC is binding as a court’s verdict.
Distinct From LokAdalats 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. How many Mediators? India has only 14 judges per 10 lakh people whereas the average data for the developing world stands at roughly 40 judges per 10 lakh people. Hence, taking an average of 2 lakh people per constituency, each Community Conciliation Centre must have 8 Mediators to cater to the population adequately. Election of Mediators at Community Level: Elections will be held at every constituency. People will elect their own Mediators for Arbitration
Why CCCs Instead of Courts It is a better idea to create Community Conciliation Centres instead of going for creating new courts because Less procedure ensures time-bound justice Litigation in courts has become expensive Appeals at court take time Unique Feature of Community Conciliation Centres: People choose their panel of Mediators beforehand. By people’s own choice they can elect their own judges. Election of Mediators for every centre gives every citizen an opportunity to choose their Mediators.
Spreading Awareness About ADR Systems 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. This will lead to reduce the impact of docket explosion in courts.
Funding Capital Expenditure Revenue Expenditure • 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. 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 PROS 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
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 ArunaSarma (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 & InduMalhotra (2006)
