AILET 2023 LLM Question paper with answer key pdf is available for download. The exam was successfully organized by Delhi National Law University. AILET 2023 was conducted on December 11, 2022, from 11.00 AM to 12:30 PM. Candidates had to answer a total of 50 MCQs and 2 descriptive questions divided into two sections: Section A and Section B. In AILET LLM 2023 Question Paper, Section A was further divided into two parts with 25 questions each: English Language and Legal Reasoning.

AILET 2023 LLM Question Paper with Solution PDF

AILET 2023 LLM Question Paper with Solution PDF download icon Download Check Solution

Question 1:

According to the author, the idea that a person can be “cancelled” is of significance because

  • (A) times have been unsettling in the recent past.
  • (B) traditionally, only events were called off.
  • (C) it was a thrilling prospect to tell a person they are unimportant.
  • (D) public platforms were used only for debates.

Question 2:

The impact of the “cancel culture” has led to groups of people

  • (A) To be segregated completely by opposite opinions.
  • (B) To have a condemnatory attitude towards all celebrities.
  • (C) To propagate their ulterior political agenda.
  • (D) To acquire the right to negate all disciplinary action.

Question 3:

"Cancel culture" appears to be empowering for the marginalised as it offers

  • (A) A platform to take down rigid caste structures.
  • (B) The opportunity to present themselves as accountable to their communities.
  • (C) A mechanism to challenge the existing power structures.
  • (D) The chance to protect their people from harm caused by power imbalances.

Question 4:

Orthodox leaders view "cancel culture" unfavourably

  • (A) Because it questions their authority
  • (B) As it cannot be maintained as per their convenience
  • (C) Since it has spiralled beyond their power to restrain it
  • (D) Due to their own victimisation

Question 5:

Assertion I: Cancel culture can certainly bring a sudden halt to a person’s career.

Reason II: Social media wields unbridled power in controlling the political ambition of the leaders.

  • (A) I is true but II is false.
  • (B) Both I and II are true and II is the correct explanation of I.
  • (C) I is false but II is true.
  • (D) Both I and II are false.

Question 6:

The phrase "mob rule" implies:

  • (A) Corrective action
  • (B) Anarchy
  • (C) Collective measures
  • (D) Absolute governance

Question 7:

Which one of the following statements most appropriately expresses the main point of the passage?

  • (A) While the “cancel culture” is a potent tool to vilify hurtful actions or words, it essentially does not have damaging repercussions that are enduring.
  • (B) “Cancel culture” is essential for questioning the status quo as the minorities do not have any other agency as far-reaching as the one offered by the internet.
  • (C) All celebrities can profit tremendously by the negative publicity they receive from the “cancel culture”.
  • (D) “Cancel culture” has tremendous potential to highlight all social injustices in the society and is a powerful tool to silence offensive people and their hurtful words.

Question 8:

Gregariousness

  • (A) illogical
  • (B) unintelligible
  • (C) undeliverable
  • (D) unsociable

Question 9:

Exacerbate

  • (A) inculcate
  • (B) appease
  • (C) appropriate
  • (D) alienate

Question 10:

Ectomorphic

  • (A) obese
  • (B) obsolete
  • (C) obscure
  • (D) obdurate

Question 11:

Acrimonious

  • (A) astute
  • (B) admirable
  • (C) amiable
  • (D) aghast

Question 12:

Debauched

  • (A) honourable
  • (B) patriotic
  • (C) zealous
  • (D) placid

Question 13:

Approbation

  • (A) demystification
  • (B) dissolution
  • (C) disposition
  • (D) denunciation

Question 14:

Marginalized communities that were traditionally _________ to the edges have found a voice on the internet.

  • (A) secluded
  • (B) snapped
  • (C) shrivelled
  • (D) shunted

Question 15:

Less talked about is the way fame can make virtually all aspects of your life faintly _________.

  • (A) subcutaneous
  • (B) ludicrous
  • (C) sonorous
  • (D) preposterous

Question 16:

Being _________ to his father’s ways, Dinesh had no difficulty in ignoring his jibes.

  • (A) Accustomed
  • (B) Attentive
  • (C) Critical
  • (D) Defiant

Question 17:

The Chairperson’s vision tended always towards the inclusive and _________, an outlook that they credited to their upbringing.

  • (A) Apocalyptical
  • (B) Mellifluous
  • (C) Equitable
  • (D) Whimsical

Question 18:

Two days ago Charan Singh's horse had been the favourite, but it was _________ beaten.

  • (A) gloriously
  • (B) falsely
  • (C) ignominiously
  • (D) unanimously

Question 19:

The _________ prose of scientific journals does not lure the common reader.

  • (A) sequestered
  • (B) sesquipedalian
  • (C) sequential
  • (D) subaltern

Question 20:

And to cap it all, there's a _________ on board, and most of us suspect the newly recruited intern!

  • (A) supervisor
  • (B) saboteur
  • (C) benefactor
  • (D) amateur

Question 21:

The Boss tends to exaggerate so we take what he says with a pinch of salt.

  • (A) agree enthusiastically
  • (B) ignore completely
  • (C) partly believe
  • (D) disagree bluntly

Question 22:

You have just avoided relegation by the skin of your teeth.

  • (A) expertly
  • (B) convincingly
  • (C) just barely
  • (D) surprisingly

Question 23:

I am just biding my time, planning and looking for a property that’s perfect for my family.

  • (A) procrastinating
  • (B) waiting for opportune moment
  • (C) depending on fate
  • (D) going beyond one’s timeline

Question 24:

The team’s business went belly-up during the long recession.

  • (A) sudden escalation
  • (B) decline gradually
  • (C) remain stagnant
  • (D) become bankrupt

Question 25:

We are unsure of what the Management’s reaction will be, so we’ll just have to play by the ear.

  • (A) improvise
  • (B) insinuate
  • (C) incarcerate
  • (D) inhibit

Question 26:

Identify which of the following is not an example of Cross-border Supply (Mode 1)

  • (A) Banking services by a branch office of a Japanese bank operating within the territory of the United States.
  • (B) An enterprise in one Member providing transportation services for waste material from one country being transported into another country for disposal.
  • (C) Transfer of funds from a bank in one country to a financial institution or a customer in another country.
  • (D) A Brazilian law firm prepares a legal opinion for a Mexican client and sends it from its office in Sao Paulo to its client in Mexico via e-mail.

Question 27:

Identify which of the following is/are examples of Consumption Abroad (Mode 2)

  • (A) An Indian citizen travelling from Delhi to New York in order to receive medical treatment.
  • (B) A group of students from Delhi visiting Maldives for spending their vacation.
  • (C) An American student is enrolled in courses at the London School of Economics in London, England.
  • (D) All the above

Question 28:

Identify the example for supply of services under Commercial Presence (Mode 3)

  • (A) A Mexican engineer travels to Sydney to provide on-site services at a newly inaugurated food processing plant.
  • (B) A French architect prepares plans and drawings in Paris, saves her work on a computer diskette and sends it by courier to her client in Stockholm, Sweden.
  • (C) Legal services provided by lawyers in an office in Hong Kong of a law firm based in Singapore.
  • (D) A Dutch citizen living and working in Amsterdam visits her favourite hairdresser in Paris, France.

Question 29:

Identify which of the following is not an example of Movement of Natural Persons (Mode 4)

  • (A) A doctor from India travels to Canada to perform surgery on a patient.
  • (B) An Indian student enrolling for higher studies at the University of Oxford.
  • (C) An architect from India constructing a prestigious building in Dubai.
  • (D) A law professor from India visits the Harvard Law School for delivering a lecture.

Question 30:

Identify the correct statement:

  • (A) Cross-border supply is similar to trade in goods.
  • (B) Mode 2 concerns services, which have a connection to the international migration of consumers.
  • (C) The third and the fourth modes concern transactions in services, which take place in the consequence of the international migration of the service suppliers.
  • (D) All the above.

Question 31:

Jack agreed to deliver goods on credit to Jill upon the promise of Jim to pay the price of goods. Jim gave a promise to guarantee the payment in consideration of Jack’s promise to deliver the goods. Later on Jill was unable to make the payment to Jack. Jim requested Jack to forbear to sue Jill for a Year and promised that Jim will pay for the debt of Jill. Jack accepted the request of Jim. Identify the wrong statement:

  • (A) Jack’s promise to deliver the goods is a sufficient consideration for Jim’s promise to guarantee the payment.
  • (B) Jack’s acceptance to forbear to sue Jill for a year is a sufficient consideration to Jim’s promise.
  • (C) Jim paying for Jill in the absence of any promise or acceptance by Jack is valid.
  • (D) None of the above.

Question 32:

Jill is indebted to Jack and Jim is the surety for the debt. Jack demanded the debt from Jim and he refused to pay the same. On Jim’s refusal, Jack sued him. Jim had reasonable grounds to defend the suit but was compelled to pay the amount of the debts with costs. Identify the right option for Jim.

  • (A) Jim can recover from Jill the principal debts as well as costs.
  • (B) Jim can recover from Jill only the principal debt.
  • (C) Jim cannot recover from Jill.
  • (D) Jim can recover the costs but not the principal debts.

Question 33:

Jack lends Jill a sum of money, and Jim, at the request of Jill accepts a bill of exchange drawn by Jill upon Jim to secure the amount. Jack, the holder of the bill, demands payment of it from Jim and on Jim’s refusal to pay, sues him upon the bill. Jim not having reasonable grounds for so doing, defends the suit, and has to pay the amount of the bill and costs. Identify the right option for Jim.

  • (A) Jim can recover from Jill the amount of the bill as well as costs.
  • (B) Jim can recover from Jill only the amount of the bill.
  • (C) Jim cannot recover from Jill.
  • (D) Jim can recover the costs but not the amount of the bill.

Question 34:

Jim guarantees to Jack, to the extent of Rs. 5000, payment for goods to be supplied by Jack to Jill. Jack supplies to Jill goods less than Rs. 5000, but obtains from Jim payment of the sum of Rs. 5000 in respect of the goods supplied. Identify the correct statement:

  • (A) Jim can recover from Jill Rs. 5000/-
  • (B) Jim cannot recover anything from Jill
  • (C) Jim cannot recover from Jill more than the price of the goods actually supplied
  • (D) Jim can recover from Jill only after the completion of supply of goods worth Rs. 5000/-

Question 35:

Jill owes money to Jack and Jim stood as surety for Jill. Jack’s claim became time barred against Jill but because of some payment by Jim it was in time against Jim. In a suit filed by Jack against Jim, Jim compromises by paying a lesser sum. Identify the correct statement:

  • (A) Jim can claim the full amount from Jill
  • (B) Jim can claim only the actual amount paid by him from Jill
  • (C) Jim cannot claim any amount from Jill
  • (D) Jim can claim the costs but not the amount paid in settlement

Question 36:

A leading manufacturer of athletic shoes, merges with a soft drink firm is an example of

  • (A) Horizontal Merger
  • (B) Vertical Merger
  • (C) Conglomerate Merger
  • (D) Congeneric Merger

Question 37:

An automobile company joining with a parts supplier would be an example of

  • (A) Horizontal Merger
  • (B) Vertical Merger
  • (C) Market Extension Merger
  • (D) Product Extension Merger

Question 38:

A merger between Coca-Cola and the Pepsi beverage division is

  • (A) Horizontal Merger
  • (B) Vertical Merger
  • (C) Market Extension Merger
  • (D) Product Extension Merger

Question 39:

The acquisition of a company in the manufacturing of product designs meant for handsets that are equipped with the Global System for Mobile Communications technology by another company in the manufacturing Bluetooth personal area network hardware systems and chips is

  • (A) Market Extension Merger
  • (B) Product Extension Merger
  • (C) Horizontal Merger
  • (D) Vertical Merger

Question 40:

An ice-cream manufacturer buying a wafer manufacturer is:

  • (A) Conglomerate Merger
  • (B) Congeneric Merger
  • (C) Market Extension Merger
  • (D) Horizontal Merger

Question 41:

Scenario A: Son a 12 year old sues his father for the burn which happened while the father was negligently pouring hot liquid in the kitchen.

Scenario B: Son a 10 year old sues his father for battery, an intentional tort as the father knocked son’s baseball cap off his head because the son was struck out in the last inning of a Little League game.

Which of the following is the correct observation?

  • (A) In both the scenario A and B the father is immune
  • (B) In both the scenario A and B the father is not immune
  • (C) In scenario A, the father is immune and in scenario B, the father is not immune
  • (D) In scenario A, the father is not immune and in scenario B, the father is immune

Question 42:

Scenario A: Daughter a 24 year old, who lives at home sues her father for assault, an intentional tort as the father brandishing a tennis racket at her after she lost the game in a local tennis tournament.

Scenario B: Son a 24 year old, who is married and a businessman, sues his father for negligently burning him in the kitchen.

Which of the following is the correct observation?

  • (A) In both the scenario A and B the father is immune
  • (B) In both the scenario A and B the father is not immune
  • (C) In scenario A, the father is immune and in scenario B, the father is not immune
  • (D) In scenario A, the father is not immune and in scenario B, the father is immune

Question 43:

Scenario A: Son, a 19 year old, who is a high school student and lives at home sues his father for negligence as the father had negligently driven his car into him while he was riding his bicycle.

Scenario B: Daughter, a 19 year old, who is an unmarried, self-supporting part-time college student living at home sues her father for negligence as he had ridden his bicycle into her while she was gardening.

Which of the following is the correct observation?

  • (A) In both the scenario A and B the father is immune.
  • (B) In both the scenario A and B the father is not immune.
  • (C) In scenario A, the father is immune and in scenario B, the father is not immune.
  • (D) In scenario A, the father is not immune and in scenario B, the father is immune.

Question 44:

Scenario A: Daughter, a 20 year old, who is married and lives in another city sues her father for negligence for stumbling against her and pushing her against the hot pottery she had just removed from her kiln.

Scenario B: A minor daughter, who was married but separated from her husband and had returned to her mother’s home, sues her mother’s estate for wrongful confinement to an insane asylum.

Which of the following is the correct observation?

  • (A) In both the scenario A and B there is parental immunity.
  • (B) In both the scenario A and B there is no parental immunity.
  • (C) In scenario A, there is parental immunity and in scenario B, there is no parental immunity.
  • (D) In scenario A, there is no parental immunity and in scenario B, there is parental immunity.

Question 45:

For granting parental immunity for a tort, which of the following factor/s is/are relevant?

  • (A) Age of the child
  • (B) Nature of tort
  • (C) Parental dependency of the child
  • (D) All the above

Question 46:

Identify the incorrect statement:

  • (A) An agreement to sell standing and fallen mango trees on the estate is an agreement to sell immovable property.
  • (B) A mortgage with the possession of a fruit-bearing tree with the intention that the mortgagee is to enjoy the fruit of the tree would be a mortgage of movable property.
  • (C) A right created in favour of a party to cut the trees for four years is a right in immovable property.
  • (D) Grant of right to enter the estate and cut only timber trees that are in various stages of growth is a right in immovable property.

Question 47:

Which of the following is a right in movable property?

  • (A) Right to enter the estate and cut only standing timber for a period of 6 months.
  • (B) Right to enter the estate and cut trees that are used for building purposes, which are earmarked after ascertaining the required growth silviculturally and to be cut within a short period of time.
  • (C) Both (A) and (B)
  • (D) None

Question 48:

Which of the following is a right in immovable property?

  • (A) Right to collect charge from the stall holders on a vacant piece of land used for holding a fair during festive season.
  • (B) Right to take out by digging manure and rubbish accumulated in specific trenches and drains and carry away the same.
  • (C) Right to enter the lake and catch fish for a period of five years.
  • (D) All the above.

Question 49:

Identify the correct statement/s:

  • (A) Right to enter the estate and cut standing timber for a period of twenty years is a right in movable property.
  • (B) Right to enter the estate and cut only timber trees, which are fully grown mature trees for a period of twenty years, is a right in movable property.
  • (C) Right to enter the estate and cut all kinds of plants and trees above the height of 10 feet for a period of five years is right in immovable property.
  • (D) Both (A) and (B)

Question 50:

Which of the following can be categorized as immovable property?

  • (A) Fans permanently attached to the wall/ceilings of room for the better enjoyment of the room
  • (B) Pulley attached to the well for the enjoyment of the well
  • (C) Both (A) and (B)
  • (D) None

Question 51:

What is EWS Quota? Critically analyze the validity of the Constitution (One Hundred and Third Amendment) Act, which provides 10% reservation for the Economically Weaker Sections among forward castes in government jobs and colleges across India in the light of recent jurisprudence.


Question 52:

What is Online Dispute Resolution (ODR)? Discuss the preparedness of the Government in incorporating ODR, the legislative position vis-a-vis ODR, acceptance of ODR by the judiciary, and the innovations in the private sector in India.

Correct Answer:
View Solution


Step 1: Understanding ODR.

Online Dispute Resolution (ODR) is a method of resolving disputes through digital means, leveraging technology to mediate, arbitrate, or settle disputes without requiring physical presence. It offers an accessible, time-efficient, and cost-effective alternative to traditional dispute resolution methods.

Step 2: Government preparedness.

The Indian government has shown significant interest in integrating ODR into the justice system. Various initiatives have been taken to promote ODR platforms, especially for consumer disputes and small claims. Legislative steps have been initiated, such as amending the Arbitration and Conciliation Act, to include provisions for ODR.

Step 3: Legislative position vis-a-vis ODR.

The legal framework for ODR in India is still evolving. While there is a push for digital platforms, concerns around privacy, data security, and the enforceability of online arbitration awards remain. The legislative approach aims to regulate and standardize ODR practices.

Step 4: Acceptance by the judiciary.

The Indian judiciary has been receptive to ODR, especially in the context of reducing court backlogs. However, the acceptance of ODR for more complex disputes is still in the developmental stage. Some High Courts have started exploring ODR for civil and commercial disputes.

Step 5: Innovations in the private sector.

Private sector players have pioneered ODR platforms, especially in e-commerce and consumer protection. These platforms have contributed to reducing the burden on traditional courts and have demonstrated the potential of ODR in resolving disputes in real-time.

Step 6: Conclusion.

ODR in India is still at a nascent stage but holds great promise for improving access to justice. The government's efforts to incorporate ODR into the legal framework, along with judicial acceptance and innovations in the private sector, are vital for its successful implementation.
Quick Tip: ODR is an emerging trend in dispute resolution, offering faster, cost-effective solutions with the use of technology. It is crucial to ensure its robustness through regulation and judicial acceptance.


Question 53:

What is Climate Finance? Discuss the financial mechanism to provide financial resources to developing country Parties of UNFCCC.

Correct Answer:
View Solution


Step 1: Understanding Climate Finance.

Climate finance refers to the funding provided by developed countries to support the efforts of developing countries in addressing climate change. It includes investments in mitigation, adaptation, and capacity-building activities to reduce greenhouse gas emissions and adapt to the impacts of climate change.

Step 2: The Financial Mechanism under the UNFCCC.

The financial mechanism under the United Nations Framework Convention on Climate Change (UNFCCC) aims to assist developing countries in meeting their climate goals. The mechanism includes the Global Environment Facility (GEF), the Green Climate Fund (GCF), and other specialized funds to channel financial support.

Step 3: Role of the Green Climate Fund.

The Green Climate Fund (GCF) is one of the key institutions established to facilitate climate finance. It helps mobilize funds from developed nations and distribute them to developing countries to support climate adaptation and mitigation projects.

Step 4: Conclusion.

Climate finance plays a crucial role in achieving the goals of the Paris Agreement. The financial mechanisms under the UNFCCC, particularly the GCF, are vital for supporting the sustainable development of developing countries while addressing climate change.
Quick Tip: Climate finance helps bridge the gap between developed and developing countries by providing financial support for climate action in vulnerable regions.


Question 54:

Critically examine the legal regime in India to bring about a gender-neutral work environment.

Correct Answer:
View Solution


Step 1: Understanding the legal framework in India.

India's legal regime on gender equality in the workplace is built on a combination of constitutional provisions and legislative measures. Key provisions include Article 15 of the Indian Constitution, which prohibits discrimination on the grounds of sex, and various labor laws aimed at ensuring equal pay for equal work, maternity benefits, and protection from sexual harassment.

Step 2: Examining existing laws and their limitations.

Some of the critical laws include the Equal Remuneration Act, 1976, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, and the Maternity Benefit Act, 1961. However, despite these laws, challenges persist, such as underrepresentation of women in leadership roles, wage disparities, and the glass ceiling effect.

Step 3: Gender-neutral reforms and challenges.

While India has taken steps toward gender-neutrality, such as introducing paternity leave policies, the implementation of gender-neutral measures remains slow. There is also the challenge of deeply ingrained social norms and biases that affect workplace dynamics.

Step 4: Conclusion.

The legal regime in India has made significant strides towards creating a gender-neutral work environment, but there is still a long way to go in terms of effective implementation and societal change. Continued reforms and stricter enforcement are necessary to ensure a truly gender-neutral work environment.
Quick Tip: To create a gender-neutral work environment, it is important to combine legal reforms with cultural and institutional shifts that support equal opportunities for all.


Question 55:

Critically examine the role of the Right of Children to Free and Compulsory Education Act, 2009 in ensuring Children’s right to education in India.

Correct Answer:
View Solution


Step 1: Understanding the Right to Education Act.

The Right of Children to Free and Compulsory Education Act, 2009, was enacted to ensure that every child between the ages of 6 and 14 years receives free and compulsory education. The Act mandates that private schools reserve 25% of seats for children from economically weaker sections. It is a significant step towards achieving the goal of universal education in India.

Step 2: Key provisions of the Act.

The Act provides several provisions, including free education for children, prohibition of child labor, a ban on physical punishment, and establishment of a School Management Committee. It also emphasizes the need for proper infrastructure in schools and provides for the recruitment and training of teachers.

Step 3: Challenges in implementation.

While the Act has made significant strides, challenges remain in its full implementation. Issues such as lack of sufficient infrastructure, inadequate teacher training, and social barriers still hinder the effective realization of children's right to education.

Step 4: Conclusion.

The Right to Education Act has been a groundbreaking step in India, but its success is contingent on addressing the systemic challenges that prevent its effective implementation.
Quick Tip: Ensuring proper infrastructure and teacher training are key to the successful implementation of the Right to Education Act.


Question 56:

What is Uniform Civil Code? Critically examine the pros and cons of Uniform Civil Code.

Correct Answer:
View Solution


Step 1: Understanding Uniform Civil Code (UCC).

The Uniform Civil Code (UCC) refers to a common set of laws governing personal matters such as marriage, divorce, inheritance, and adoption for all citizens, irrespective of their religion, caste, or gender. The idea is to replace the various personal laws based on religious customs with a single civil code.

Step 2: Pros of UCC.

The implementation of a Uniform Civil Code would promote gender equality, secularism, and national integration by providing the same legal rights to all citizens. It would also ensure uniformity in the administration of justice, especially in cases involving marriage, divorce, and inheritance laws.

Step 3: Cons of UCC.

The major criticism of UCC is that it may infringe upon the personal and religious freedoms guaranteed by the Constitution. Minority communities argue that the imposition of a uniform code might undermine their religious and cultural practices. Furthermore, it may face resistance due to the diverse cultural and religious fabric of Indian society.

Step 4: Conclusion.

The Uniform Civil Code is a progressive step towards equality, but its implementation needs to be done carefully, ensuring that it does not harm the cultural diversity and personal freedoms guaranteed by the Constitution. A balanced approach is necessary for its successful adoption.
Quick Tip: The challenge of implementing the Uniform Civil Code lies in balancing individual rights, religious freedom, and national unity.


Question 57:

What is Corporate Social Responsibility? Discuss why social responsibility matters to businesses.

Correct Answer:
View Solution


Step 1: Understanding Corporate Social Responsibility (CSR).

Corporate Social Responsibility (CSR) refers to the practice where businesses integrate social and environmental concerns into their operations. It involves companies taking responsibility for the impact of their activities on the environment, society, and economy. CSR can include philanthropy, ethical labor practices, environmental sustainability, and community development.

Step 2: Importance of CSR to businesses.

Businesses engage in CSR because it enhances their reputation, builds trust with consumers, and contributes to long-term profitability. CSR initiatives improve brand image, attract investors, and foster a positive relationship with employees and the community. Companies seen as socially responsible are more likely to attract loyal customers and retain top talent.

Step 3: Conclusion.

CSR is not only a moral obligation but also a strategic business practice that can lead to increased profitability, customer loyalty, and a better public image.
Quick Tip: CSR initiatives align business goals with social values, benefiting both the company and society in the long term.


Question 58:

Discuss the provisions dealing with interim relief under the Arbitration and Conciliation Act of India in comparison and contradiction with the UNCITRAL Model Law. What is the relationship between arbitral interim relief and interim orders by courts?


Question 59:

Who is a witness? Discuss the law relating to witness protection in India.


Question 60:

Discuss the legislative and judicial developments promoting ADR in India.

Correct Answer:
View Solution


Step 1: Understanding Alternative Dispute Resolution (ADR).

Alternative Dispute Resolution (ADR) refers to the methods used to resolve disputes without going to court. These methods include arbitration, mediation, conciliation, and negotiation. ADR is seen as an efficient, cost-effective alternative to the traditional litigation process, promoting quicker resolution of disputes.

Step 2: Legislative developments promoting ADR in India.

The Indian legal system has made significant strides to promote ADR. The Arbitration and Conciliation Act, 1996, was a landmark legislation that brought arbitration and conciliation into mainstream dispute resolution. The Legal Services Authorities Act, 1987, also encourages mediation as a means of resolving disputes. Furthermore, the 2019 amendment to the Arbitration and Conciliation Act enhanced the speed of arbitration proceedings and improved their enforceability.

Step 3: Judicial developments promoting ADR.

Judicial support for ADR has been vital in its growth. The Supreme Court and High Courts have consistently advocated for ADR as a means to reduce the burden on courts. The judiciary has laid down guidelines for the mandatory use of ADR in specific cases, such as family law disputes. Additionally, the judiciary has emphasized the need for establishing ADR centers in various parts of India.

Step 4: Conclusion.

Both legislative and judicial developments in India have played a crucial role in promoting ADR. As ADR continues to gain popularity, further strengthening of legal provisions and judicial encouragement is necessary to make it more accessible and effective.
Quick Tip: ADR offers a faster and more affordable method of resolving disputes, making it an increasingly attractive option in India’s legal landscape.