The Constitutional Role of ODR in Ensuring Access to Justice in India.

Roza Khan; Dr. Vartika Saxena

The Constitutional Role of ODR in Ensuring Access to Justice in India.

Author(s)	Ms. Roza Khan, Dr. Vartika Saxena
Country	India
Abstract	Access to justice is a fundamental right guaranteed under Articles 14 and 21 of the Constitution of India, yet practical barriers such as delay, high costs, procedural complexities, inadequate infrastructure, and overburdened courts continue to hinder its effective realization. In the contemporary digital era, rapid technological advancements, including artificial intelligence and virtual communication systems, have created opportunities to reform traditional dispute resolution mechanisms. This paper examines the concept, scope, and feasibility of Online Dispute Resolution (ODR) in India as an innovative mechanism to strengthen access to justice through technology-enabled processes. The study analyzes the existing dispute resolution framework in India, including both adversarial systems and Alternative Dispute Resolution (ADR) mechanisms such as arbitration, mediation, and conciliation, while identifying their structural and procedural limitations. It further explores the theoretical framework of ODR, including assisted and automated systems such as e-arbitration, e-mediation, e-negotiation, blind bidding, and AI-assisted adjudication. The research highlights the advantages of ODR, including timely resolution of disputes, cost efficiency, procedural flexibility, party autonomy, scalability, accessibility, and adaptability in multi-jurisdictional disputes. The paper also undertakes a comparative examination of international ODR models, particularly initiatives in the United States and Singapore, to understand global best practices and their applicability in the Indian legal system. Special emphasis is placed on the role of ODR in the post-pandemic era, where digital justice mechanisms have emerged as essential tools for ensuring continuity in dispute resolution and economic recovery. The study concludes that ODR has significant potential to complement and strengthen the existing justice delivery system in India. However, its successful implementation requires robust digital infrastructure, legislative support, technological awareness, procedural safeguards, and institutional standardization to ensure fairness, transparency, and inclusivity in the administration of justice.
Keywords	Online Dispute Resolution (ODR), Access to Justice, Alternative Dispute Resolution (ADR), E-Arbitration and E-Mediation, Dispute Resolution Mechanisms
Published In	Volume 8, Issue 3, May-June 2026
Published On	2026-05-09

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The Constitutional Role of ODR in Ensuring Access to Justice in India.

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