Discuss the role of mediation in promoting access to justice under Article 39A of the Constitution. Analyse how the Mediation Act 2023 strengthens the justice-delivery framework. Outline reforms to enhance institutional capacity and public trust in mediation.
Kartavya Desk Staff
Topic: Statutory, regulatory and various quasi-judicial bodies
Topic: Statutory, regulatory and various quasi-judicial bodies
Q3. Discuss the role of mediation in promoting access to justice under Article 39A of the Constitution. Analyse how the Mediation Act 2023 strengthens the justice-delivery framework. Outline reforms to enhance institutional capacity and public trust in mediation. (15 M)
Difficulty Level: Medium
Reference: IE
Why the question: In the context of the Mediation Act 2023 and India’s constitutional goal of access to justice under Article 39A, highlighting the growing focus on alternative dispute resolution as part of judicial reforms. Key Demand of the question: It asks to explain how mediation furthers access to justice under Article 39A, analyse the significance of the Mediation Act 2023 in strengthening justice delivery, and outline reforms needed to enhance institutional efficiency and public confidence in mediation. Structure of the Answer: Introduction: Define mediation as part of the constitutional vision of affordable and participatory justice under Article 39A and link it to current judicial reforms. Body: Role of mediation in access to justice: Show how it reduces pendency, cost, and promotes inclusion. Mediation Act 2023 and justice delivery: Briefly explain how the Act institutionalises mediation through councils, enforceability, and digital mechanisms. Reforms needed: Suggest institutional, training, and awareness measures to build trust and capacity. Conclusion: End with a forward-looking remark on how mediation can evolve into a cultural norm ensuring citizen-centric justice delivery.
Why the question: In the context of the Mediation Act 2023 and India’s constitutional goal of access to justice under Article 39A, highlighting the growing focus on alternative dispute resolution as part of judicial reforms.
Key Demand of the question: It asks to explain how mediation furthers access to justice under Article 39A, analyse the significance of the Mediation Act 2023 in strengthening justice delivery, and outline reforms needed to enhance institutional efficiency and public confidence in mediation.
Structure of the Answer: Introduction:
Define mediation as part of the constitutional vision of affordable and participatory justice under Article 39A and link it to current judicial reforms. Body:
• Role of mediation in access to justice: Show how it reduces pendency, cost, and promotes inclusion.
• Mediation Act 2023 and justice delivery: Briefly explain how the Act institutionalises mediation through councils, enforceability, and digital mechanisms.
• Reforms needed: Suggest institutional, training, and awareness measures to build trust and capacity.
Conclusion:
End with a forward-looking remark on how mediation can evolve into a cultural norm ensuring citizen-centric justice delivery.