Building Trust In Digital Justice: A Case For A National Online Dispute Resolution Authority In India
- IJLLR Journal
- 8 hours ago
- 1 min read
Mr. Praveen Arya, LL.M., IILM University, Greater Noida
ABSTRACT
India’s judiciary is currently burdened with an overwhelming backlog, with over 5.2 crore cases pending across various courts as of early 2025. This staggering figure underscores the urgent need for alternative mechanisms to enhance access to justice. Online Dispute Resolution (ODR) emerges as a promising avenue, offering cost-effective and timely resolution of disputes. Despite policy initiatives such as NITI Aayog’s 2021 report, Designing the Future of Dispute Resolution: The ODR Policy Plan for India, and legislative developments including the Mediation Act, 2023, which formally recognises online mediation, there remains a notable absence of a comprehensive statutory framework governing ODR in India. The existing legal landscape is fragmented, with ODR mechanisms operating in a voluntary and unregulated environment, raising concerns about procedural fairness, data security, and enforceability of outcomes. This paper advocates for the creation of a National Online Dispute Resolution Authority (NODRA) through specific legislative enactment, to ensure regulatory consistency, foster public trust, and enable systemic integration of ODR mechanisms within the Indian justice ecosystem. Drawing parallels with established regulatory bodies such as the Securities and Exchange Board of India (SEBI) and the Telecom Regulatory Authority of India (TRAI), the proposed NODRA would be empowered to accredit ODR platforms, standardise procedures, enforce data protection, and facilitate ODR’s alignment with formal judicial processes. By examining global best practices and addressing potential implementation challenges, this study underscores the imperative for a centralised regulatory framework to institutionalise ODR in India, thereby enhancing the credibility and efficacy of digital justice delivery.
