Judicial Delays In India And The Role Of Online Dispute Resolution (ODR) - A Path To Reforming Civil Litigation

Author: LawSphereX

Category: Technology, Cyber & Privacy

Published: 2026-08-23T20:25:19.904848+00:00

Updated: 2026-08-26T17:10:55.009+00:00

JUDICIAL DELAYS IN INDIA AND THE ROLE OF ONLINE

DISPUTE RESOLUTION (ODR): A PATH TO REFORMING

CIVIL LITIGATION

Stuti Sarawagi, BA LL.B. (H), Symbiosis Law School, Pune

ABSTRACT

India in 2025 is grappling with a staggering arrear of more than 52 million pending cases in various courts according to the National Judicial Data Grid. 1 The pending cases doubled in the last 20 years and at the disposal rate at which it is being done today, it would take more than 300 years to dispose of all the pending cases in India. Of these, over 180,000 have been pending for over three decades. 2 The issue is especially severe in lower courts, which handle most of the filings and are beset by a massive shortage of judges. District and subordinate courts up to 2025 account for nearly 87% of the case backlog, which are around 4. 5 crore against 5. 1 crore with a rise of 0. 63 per cent in more than a month. 3 Backlogs of cases, a shortage of judges, and ineffective procedures are some of the major issues facing the Indian legal system.

The number of pending cases continues to rise despite efforts to strengthen the judiciary, indicating the need for structural adjustments. The Law Commission's 245th Report stressed the need for judicial reform, particularly the use of technology to cut down on delays. AI-powered case management, video conferencing, and electronic filing have all been shown to speed up case resolution. In terms of quicker, less expensive, and more accessible conflict resolution, online dispute resolution, or ODR, provides a dependable option. Case backlogs have decreased as a result of the adoption of operational ODR systems in the US, Canada, and Mexico. By improving access to justice, reducing case backlogs, and boosting efficiency, ODR may be used in India to support judicial reforms. However, for ODR to succeed, obstacles including public awareness, lack of legal frameworks, and digital literacy

1 National Judicial Data Grid, https://njdg.ecourts.gov.in/njdg_v3/ (last visited Mar. 17, 2025).

2 The Grueling Course of Litigation in India, CIVILSDAILY (2024), https://www.civilsdaily.com/news/thegrueling-course-of-litigation-inindia/#:~:text=Total%20Pending%20Cases:%20As%20of%202024%2C%20there,court%20levels%2C%20incl uding%20district%20and%20Supreme%20Court.&text=Backlog%20of%20Cases:%20The%20increasing%20b acklog%20due,judicial%20system%2C%20perpetuating%20a%20cycle%20of%20inefficiency.

3 India’s Legal Bottleneck: Rising Backlogs and Missing Fast Track Courts, HINDU BUS. LINE (Mar. 17,

2025), https://www.thehindubusinessline.com/data-stories/data-focus/indias-legal-bottleneck-rising-backlogsand-missing-fast-track-courts/article69324793.ece.

must be addressed. Modernizing the judiciary and delivering prompt justice can be facilitated by the integration of technology and online dispute resolution (ODR) into the Indian legal system.

RESEARCH QUESTIONS

I. Whether system inefficiencies or deficiencies in the judicial system is the major cause of the

judicial backlog in India? II. Whether technical interventions like Online Dispute Resolution (ODR) and E-Courts

effectively eliminate case backlogs and improve access to justice? III. Whether, in the Indian legal system, Online Dispute Resolution (ODR) can be a successful

option to traditional court litigation?

RESEARCH OBJECTIVES

I. Examining the reasons and effects of judicial delays in India, considering elements like judge

shortages, procedural complexities, and outdated procedures. II. Analyzing how technological advancements like video conferencing, AI-based case

management systems, and e-courts affect the speed of legal proceedings. III. Examining the viability of online dispute resolution (ODR) in the Indian context and

evaluating its efficacy in other jurisdictions. IV. Determining the legal and infrastructure obstacles to ODR's implementation in India and

offering suggestions for its successful integration into the legal system. Introduction: Judicial Delays in India Seven years have passed since Jagtar Singh Johal was first arrested, and since then he is yet to see justice. A human rights activist in Britain, Johal was arrested in Punjab in 2017 and charged with conspiracy for the Khalistan Liberation Force. He has been in jail all these years now under detention without trial in the delicate whirl of delays that seem never-ending. His case is as slow as a snail; dates go by, hearing after hearing is cancelled, and over and over again his bail applications have been rejected. The government refers to national security as an issue, but the human rights organizations are arguing that his high-profile arrest is arbitrary and undue punishment.

And with years passing that made it more difficult to locate the eyewitnesses as the court brought on one arbitrary delay after another. From the real charge, Johal suffers in

punishment without a date. "Every day in jail without trial is one day justice is denied," his family says, even as hope clings on, even as the legal system takes on a pace too slow to match the speed of his fate. 4 While courts and agencies grapple with increasing pressures, the reasons behind and ramifications of case backlogs become imperative to understand. The 245th Law Commission Report, Arrears and Backlog: Creating Additional Judicial (Wo)manpower, published in 2014, which discussed the enormous arrear of cases in Indian courts and the necessity for judicial reform, stressed that the reason for delay in civil and criminal litigation was in good measure a result of an acute deficiency of judges, inefficient case management, and procedural complexity.

Although 36 years ago the 120th Law Commission Report had recommended a ratio of 50 judges per million people, India has one of the lowest judge-to-population ratios in the world at only 21 per million people5 against about 150 in America. 6 The Supreme Court in a December 2023 report recognizes India's judicial shortage, as 69,600 judges would be needed to reach the normal ratio of 50 judges per million citizens. However, the sanctioned strength remains as low as 25,081, reflecting an enormous gap. 7 A study in 2022 by the Indian Institute of Management revealed that procedural complexities accounted for a 30% increase in the time taken for commercial disputes, also discouraging litigants further. About 25% of the district courts lack minimum facilities such as adequate courtroom space and electronic filing facilities.

8 This inefficiency contributes to the delays, with some of the districts having more than 10,000 pending cases. The Commission recommended the appointment of judges on an emergent basis, establishment of fast-track courts for specific categories of cases, and

4 Seven-Year 'Nightmare' of Scottish Activist Held in an Indian Jail, BBC News (Mar. 17, 2025),

https://www.bbc.com/news/articles/ceqj25rp8xyo.

5 LOK SABHA, Annex No. 1715/AU1335 (Mar. 17, 2025),

https://sansad.in/getFile/loksabhaquestions/annex/1715/AU1335.pdf?source=pqals 6 Will More Judges Help Reduce Case Backlog?, SUP. CT. OBSERVER, https://www.scobserver.in/journal/willmore-judges-help-reduce-casebacklog/#:~:text=To%20be%20sure%2C%20India%20has,the%20judiciary%20at%20all%20levels.%E2%80% 9D (last visited Mar. 17, 2025). 7 India Needs 69,600 Judges as Against Current Strength of 25,081, Says SC Report, The Tribune (India), https://www.tribuneindia.com/news/india/india-needs-69-600-judges-as-against-current-strength-of-25-081says-sc-report-572590/ (last visited Mar. 17, 2025). 8 Law Ministry Report Highlights Poor Infrastructure, Overburdened Courtrooms, The Hindu (Mar. 17, 2025), https://www.thehindu.com/news/national/law-ministry-report-highlights-poor-infrastructure-overburdenedcourtrooms/article68485042.ece.

utilization of advanced technological infrastructure to speed up proceedings. The Indian legal system, which continues to cling to traditional British-era ways, is one of the leading causes of judicial delay. Lawyers spend hours debating orally and submitting lengthy written statements, although time and again the government has proposed reforming these practices—abolishing handwritten depositions and shortening witness examination. Both criminal and civil cases are held up by these. Of India's jail population, approximately 77% are undertrials, as compared to the world average of one out of every three. Additionally, more than 11 million pending civil cases, with nearly a quarter pending for more than five years, mostly property and land disputes. 9 These findings bring out the need to transcend outdated systems and embrace advanced technology to improve judicial efficiency.

Beyond Judicial Appointments: The Need For Technological Integration Although raising the strength of judges is most typically recommended as the solution to India's judicial gridlock, it is not a unilateral solution. For example, from January 2008 to January 2024, the number of judges in India's Supreme Court increased from 25 to its sanctioned strength of 34, while the number of judges in the High Courts went up from 594 to 783, to 70% of the sanctioned strength. Yet, at the same time, the pendency of cases increased immensely, from about 37. 89 lakh cases in 2008 (46,926 in the Supreme Court and 37. 43 lakh in the High Courts) to 62. 91 lakh cases as of January 2024. 10 With more recruitments over the years, it still required an average of 3-5 years to dispose of civil cases, indicating that structural rather than quantitative measures are needed.

11 It also requires more holistic solution to involve technological integration towards better efficiency. The E-Courts mission has managed to bring about an integration of as many as 2,600 district courts onto a computerised system, raising the availability of case information as

9 Sameer Yasir, In India, Court Cases Last So Long That People Die Waiting, N.Y. TIMES,

https://www.nytimes.com/2024/01/13/world/asia/india-judicialbacklog.html#:~:text=About%2077%20percent%20of%20prisoners,at%20least%20five%20years%20old. 10 Varsha Aithala, Anushka Sachan, Srijoni Sen, Himanshu Payal & Chiranjib Bhattacharya, Decision Time: Illuminating Performance in India’s District Courts, NLS Repository, https://repository.nls.ac.in/cgi/viewcontent.cgi?article=1101&context=nls_articles (last visited Mar. 17, 2025).

11 Ibid.

well as the disposal rates by 30%. 12 Similarly, adjudication through the internet in terms of video conferencing accelerated disposal of cases by 50% in 2022 and were a boon in the COVID-19 pandemic. 13 The use of e-filing has streamlined case-filing, reducing 30% of paperwork and 50% of processing time. 14 Electronic payment systems have reduced 70% of transaction time, while Fast Track Courts have disposed of 1. 5 lakh cases at a faster rate, reducing pendency of priority cases by 20%. 15 In addition, Alternative Dispute Resolution (ADR) has performed exceptionally well, resolving more than 75% of cases that have been referred to it and accelerating settlements by 40%. New AI-enabled solutions such as SUPACE have streamlined case management, reducing the time taken to analyze cases by 40%, while SUUAS has improved court performance through realtime collection of data.

16 These actions prove that it is not judicial efficiency that can be achieved through the recruitment of judges alone but through the use of technology. The courts that embraced video hearings in a hurry during the COVID-19 pandemic actually succeeded in lowering arrears by as much as 40%, showing the potential of technology in the court process that remains untapped. Online Dispute Resolution As A Viable Solution As has been said, courts should be a service not a place. 17 With the era of the internet, the judiciary is going to experience an unprecedented transformation with the coming of the use of Online Dispute Resolution (ODR), a new generation of conflict resolution with immense potential for a faster and more accessible future. Online Dispute Resolution (ODR) is a new technology that employs information and communication technology (ICT) to provide dispute resolution.

It leverages different types of equipment, for instance, telephones, smart phones, video conferencing, e-mails, and messaging software to facilitate the parties to settle disputes 12 Press Information Bureau, Govt. of India, https://pib. gov. in/PressReleaseIframePage. aspx? PRID=2085127 (last visited Mar. 17, 2025). 13Press Information Bureau, Govt. of India, https://pib. gov. in/Pressreleaseshare. aspx? PRID=1807613 (last visited Mar. 17, 2025). 14 Rahul Tyagi, Backlog of Cases Making Imbalance to Scale of Justice, 2(7) Int’l J. Legal Res. & Analysis 13 (Oct. 2024), https://www. ijlra. com/paper-details. php? isuur=3462 (last visited Mar. 17, 2025).

15 Ibid.

16 Ibid.

17 Richard Susskind, The Future of Courts, 6 THE PRACTICE (2020),

https://thepractice.law.harvard.edu/article/the-future-of-courts/.

from the comfort of their own places without having to interact physically. 18 Secondly, ODR works quite similarly to traditional Alternative Dispute Resolution (ADR) processes such as negotiation, mediation, and arbitration but employs low-tech ICT equipment to simulate the latter in an e-environment. 19 Nevertheless, ODR extends beyond being a mere electronic version of ADR. On more advanced levels, it is also capable of functioning as a "fourth party" because it incorporates algorithmically empowered tools that assist in resolving conflicts. These developments are framed in the language of smart decision-support systems, automated negotiation sites, and AIbased resolution mechanisms. ODR is a revolution in the world of India's dispute settlement.

It brings business-friendly culture through the settlement of disputes at a quicker speed, cost savings on litigation, and ease of doing business. ODR also enhances access since people, especially those in far-flung areas, can now resolve disputes without appearing physically in courts. It is also easy to manage cases, minimizes procedural delays, and relieves judicial loads. With AI-enabled tools and automation, ODR allows for faster settlements, increases efficiency, and enables clearing court backlog, strengthening the justice delivery system.

COMPARATIVE ANALYSIS: ODR IN OTHER JURISDICTIONS

In most of the jurisdictions, the use of Online Dispute Resolution (ODR) has also proved successful in maintaining minimal case backlogs. In The United States of America, some states, like Utah, Michigan, and Ohio, have integrated ODR as part of the judicial system, specifically for small claims and family court. 20 Utah's portal, which was launched in 2018, has been able to dispose of more than 12,000 cases with a remarkable cut in court appearances and processing. Additionally, Michigan’s MI-Resolve, established in 2020 is an online system which allows parties to engage in text-based conversations with a trained mediator which not only secures confidentiality but also is accessible 24/7.

21 The state’s ODR registered 75% of success in adjudicating disputes between landlords and tenants, resulting in reducing courts' 18 NITI Aayog, Designing the Future of Dispute Resolution: The ODR Policy Plan for India (Mar. 2023), https://www. niti. gov. in/sites/default/files/2023-03/Designing-The-Future-of-Dispute-Resolution-The-ODR- Policy-Plan-for-India. pdf.

19 Ibid.

20 Online Dispute Resolution: A Strategic Solution for Reducing Court Backlogs, The Guardian (Nigeria), https://guardian.ng/opinion/online-dispute-resolution-a-strategic-solution-for-reducing-court-backlogs/ (last visited Mar. 17, 2025).

21 Fentress Inc., Court in the Cloud: Get Ready for Online Dispute Resolution,

https://blog.fentress.com/blog/court-in-the-cloud-get-ready-for-online-dispute-resolution (last visited Mar. 17, 2025).

workload.22 This has facilitated access to justice in E-commerce disputes with expeditious resolution. Moreover, The British Columbia's Civil Resolution Tribunal (CRT) is Canada's first online tribunal to adjudicate strata and small claims.23 It promotes a cooperative, problem-solving approach, away from the old model of the courtroom. In Mexico, Concilianet, an ODR system with no fees, effectively settles consumer-to-business conflict. It has cut resolution time by 50% and reached settlements on its platform for almost 96% of cases brought. Application of ODR in these and other jurisdictions is an example of how ODR can decrease case backlog, promote increased access to justice, and improve the efficiency of legal systems.

INDIA’S READINESS

In the years to come, ODR can offer highly tailored dispute resolution processes that adapt to the unique requirements of parties. 24 The NITI Aayog report,25 Designing the Future of Dispute Resolution: The ODR Policy Plan for India, outlines a strategic framework for integrating Online Dispute Resolution (ODR) into India's legal system. It presents a roadmap aimed at complementing judicial reforms to reduce the burden on the country’s overburdened courts. The NITI Aayog report underscores the readiness of India towards adopting Online Dispute Resolution (ODR), with considerable support from both the government and the judiciary. The judiciary has been a supporter of ODR, and the judges have accepted its viability by making orders paving the way for its integration in the future, including acceptance of online arbitration and electronic evidence as valid records.

The government has also proactively intervened through different ministries and departments launching efforts. The Reserve Bank of India (RBI), for instance, brought in an ODR policy on digital payments,26 while the Micro, Small,

22 Ibid.

23 Gov't of B.C., Civil Resolution Tribunal, https://www2.gov.bc.ca/gov/content/housing-tenancy/stratahousing/resolving-disputes/the-civil-resolution-tribunal (last visited Mar. 17, 2025).

24 Unleashing ODR: A Brighter Future in Dispute Resolution, PRESOLV360,

https://presolv360.com/resources/unleashing-odr-a-brighter-future-in-dispute-resolution/ (last visited Mar. 17, 2025). 25 NITI Aayog, Designing the Future of Dispute Resolution: The ODR Policy Plan for India (Mar. 2023), https://www.niti.gov.in/sites/default/files/2023-03/Designing-The-Future-of-Dispute-Resolution-The-ODR- Policy-Plan-for-India.pdf.

26 Reserve Bank of India, Notification No. 3194,

https://www.rbi.org.in/CommonPerson/english/scripts/Notification.aspx?Id=3194 (last visited Mar. 17, 2025).

and Medium Enterprises (MSME) sector put into place the SAMADHAAN portal. The Department of Legal Affairs is putting together a list of country-wide ODR service providers. 27 In addition, India's legal system is sufficiently equipped to enable ODR. While legislative support has evolved, many laws that currently exist offer the basis required. The Arbitration and Conciliation Act, 199628 and the Code of Civil Procedure, 190829 provide for the ADR components of ODR, while the Indian Evidence Act, 187230 and the Information Technology Act, 200031 provide for the technological facet. India has also recently become a signatory to the United Nations Convention on International Settlement Agreements Resulting from Mediation, 2018, to further reassert its intent to encourage mechanisms of dispute resolution.

Challenges To Implementation And Recommendations Notwithstanding such attempts, ODR remains to confront myriads of weaknesses and constraints in India in light of the nation's context. Although these weaknesses target the prime deficits of ODR, they are not insurmountable.

DIGITAL DIVIDE

In India, merely 38% of homes are digitally literate. 32 Can Online Dispute Resolution (ODR) Succeed in a Country with One of the Lowest Digital Literacy Rates? This is the biggest challenge to not only the idea of E-Courts, and E-Filing, but the entire premise behind creating ODR as a solution for decongesting case backlogs. Although the Indian judiciary has made strides in e-filing and remote hearings, several courts still rely on traditional methods. In a 2023 survey, nearly 60% of judges and lawyers reported feeling insufficiently prepared to utilize digital tools effectively. Digital literacy initiatives and robust digital infrastructure are necessary at the grass-root level. This article implies huge investments in technology to render ODR platforms available to all strata of society, particularly in rural and disadvantaged areas.

This not only implies augmenting internet connectivity but also having education programs

27 Ministry of Law & Justice, Approved Notice (Feb. 24, 2025),

https://legalaffairs.gov.in/sites/default/files/ApprovedNoticeDated_24.02.2025.pdf (last visited Mar. 17, 2025).

28 The Arbitration and Conciliation Act, No. 26 of 1996, §§ 7, 19, 29B, India Code (1996).

29 The Code of Civil Procedure, No. 5 of 1908, § 89, Order X Rule 1A, India Code (1908).

30 The Indian Evidence Act, No. 1 of 1872, § 65B, India Code (1872).

31 The Information Technology Act, No. 21 of 2000, §§ 4, 5, 6A, 10A, India Code (2000).

32 Centre for Behavioural and Welfare Economics, Digital Literacy,

https://dtnbwed.cbwe.gov.in/images/upload/Digital-Literacy_3ZNK.pdf (last visited Mar. 17, 2025).

that equip individuals with the ability to use digital platforms efficiently. Where the Supreme Court validated citizens' right to increased accessibility in legal services, the leading case of Swapnil Tripathi v. Supreme Court of India (201833), supports this article's suggestion of making citizens digitally empowered in order to provide increased accessibility in legal services.

TRAINING COURSES

In addition, this article is in compliance with NITI Aayog's suggestions when it proposes that for successfully scaling Online Dispute Resolution (ODR) in India, professionals' and service providers' capacity needs to be strengthened. This should be undertaken under an integrated program with the participation of the government, judiciary, companies, and legal bodies. One of the key steps is the introduction of standardized training programs for ADR professionals transitioning to ODR, such as competency with technology, ethical standards, best practices, and approaches to dispute resolution in an online environment. The presence of a regulatory body, similar to that of a Mediation Council of India, would guarantee training quality and certification criteria.

Additionally, joint efforts by judicial academies, bar councils, universities, and private institutions need to go towards offering courses on remote learning, using platforms like SWAYAM for multilingual usage. Legal courses of education should encompass ODR, and judicial officers and court staff need to be trained so that referrals of cases and execution of ODR agreements can be done effectively. These measures in conjunction with investment in technology will encourage mass acceptance and enhance the effectiveness of ODR in India.

LACK OF LEGISLATIVE FRAMEWORK

Despite the legal system in India having an amicable platform for embracing Online Dispute Resolution (ODR), legal recognition through the legislative process would make it more acceptable and increase awareness among lawyers and people. Therefore, while Section 89 of the Code of Civil Procedure, promotes ADR mechanisms such as that of ODR, However, in the absence of specific legal provisions for ODR, fears regarding its legitimacy and enforceability would deter parties from resorting to it. The Supreme Court

33 Swapnil Tripathi v. Supreme Court of India, 2018 (10) SCC 639.

decision in Indian Oil Corporation Ltd. v. Amritsar Gas Service (2009),34 renders this challenge vindicated, where the Court strongly relied on competent legal frameworks available for arbitration. The decision mentions that the fact that ODR lacks express legislative endorsement might serve as a disadvantage for its enactment because individuals remain unaware of it being legitimate before the law.

PUBLIC CAMPAIGNS

Implementation of new technologies tends to be met with skepticism by society, hence in an effort to enhance public trust in Online Dispute Resolution (ODR), the government should stage publicity campaigns using TV, radio, social media, and court websites. Success stories should be promoted in order to bring about adoption, and private platforms can also aid in this cause. Awareness can spread in rural regions using the National Digital Literacy Mission and local volunteers. Campaigns should have a balanced approach, highlighting both benefits and drawbacks to allow the public to make informed choices without abuse by fraudulent providers. Conclusion Delays in civil adjudication remain one of India's biggest legal challenges, with case arrears worth millions filling up the courts.

While the remedy of a higher number of judges has been proposed, it can be observed that structural inefficiencies, traditional practices, and lack of modernization still overcome timely justice. Civil cases, especially disputes of property, contract cases, and commercial cases, are kept pending for years because of procedural complications and the lack of judicial resources. Innovations such as e-filing, video conferencing, case management through artificial intelligence, and the E-Courts project have been promising in terms of fast tracking the disposal of cases, but their implementation is patchy. Online Dispute Resolution (ODR) assumes the character of an urgent reform, offering a faster and less expensive option than traditional litigation.

Through the integration of ODR in civil dispute resolution processes—specifically those for high-volume, low-complexity cases—the judiciary can eliminate half of its backlogs and increase access to justice. However, to be effective, ODR requires better digital

34 Indian Oil Corporation Ltd. v. Amritsar Gas Service, 1991 (1) SCC 533.

infrastructure, legal acceptance, and general awareness. A reformed civil litigation system should go beyond mere expansion in the judiciary. Extensive

legal modernization, procedural efficiency, and digitalization are needed to enable timely and just adjudication of civil disputes. With the application of ODR and other e-governance mechanisms, India can transition to an efficient and accessible civil justice system, and reestablish public confidence in prompt resolution of disputes.