The Law and Economics of Dispute Resolution in India

The problem of dispute resolution in India is an under-researched area. The biggest problem with the problem of court congestion is the lack of data. Whatever little exists, pertains to the High Courts and there is no comprehensive study about the problems in the Lower Courts. Such lacunae especially in the area of data hamper policy prescriptions. Most initiatives towards reducing judicial delays have therefore lacked focus and produced halfhearted results. Extensive data has been provided on the various Courts throughout the country for the first time, in this work. This would certainly add focus in the endeavour of reducing court congestion. The author has attempted a comprehensive approach towards studying the problem of court congestion for both the High Courts as well as the Lower Courts with a view to suggest measures to reduce court congestion. Detailed data is provided on arrears in High Courts and Lower Courts. The primary attempt has been to delineate the legal predicament from the problem of court congestion and present the enormity of the impasse in very simple terms and language. The book adopts an economic approach to the problem of court congestion. Solutions are suggested, conceptually divided into supply-side and demand-side. There is also a detailed survey of literature on this subject. The most important part of the book is the conclusion that can be drawn – the dispute resolution system is not as bad as is commonly made out to be. This is very important for it just does not suffice to talk of the problem without providing the solution.