Lok Adalat under ADR

Table of Contents

Introduction

The literal meaning of the Hindi word, Lok Adalat, is ‘People’s Court’. So, simply it means a court for the people, by the people, and of the people themselves. The Indian Judiciary is moving towards a time when it will be impossible for the courts to cope up with the gaps. If something is not done, the result will be an increase in the line of pending cases. The institution of Lok Adalat has evolved as one of the most important modes of alternative dispute resolution.

First Lok Adalat was held in the year 1982, in the village of Una, in the district of Junagarh, Gujarat.

With the 42nd Amendment Act,1976, Article 39-A, has been added to DPSP which requires the State to secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

Articles 14 and 22(1) also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on a basis of equal opportunity to all.

The entire mechanism of Lok Adalat designed and evolved is with the object of promoting justice. Justice has three connections namely social, economic and political. ‘Access to Justice’ means an ability to participate in the judicial process. It is the human right of every individual to get timely justice.

Lok Adalats

National Legal Services Authority (NALSA) along with other Legal Services Institutions conducts Lok Adalats. Lok Adalat is one of the alternative dispute redressal mechanisms. It is a forum where disputes/cases pending in the court of law or at the pre-litigation stage are settled/compromised amicably.

Lok Adalats have been given statutory status under the Legal Services Authorities Act, 1987. Under this Act, the award (decision) made by the Lok Adalats is treated as a decree of a civil court and is final and binding on all parties and no appeal against such an award lies before any court of law. If the parties are not satisfied with the award of the Lok Adalat though there is no provision for an appeal against such an award, they are free to initiate litigation by approaching the court of appropriate jurisdiction by filing a case by following the required procedure, in exercise of their right to litigate.

There is no court fee payable when a matter is filed in a Lok Adalat. If a matter pending before the court of law is referred to the Lok Adalat and is settled subsequently, then the court fee which was originally paid in the court on the complaints/petition is also refunded back to the parties.

The persons deciding the cases in the Lok Adalats are called the Members of the Lok Adalats, they have the role of statutory conciliators only and do not have any judicial role. Therefore, they can only persuade(convince) the parties to come to a conclusion for settling the dispute outside the court in the Lok Adalat and shall not pressurize or coerce any of the parties to compromise or settle cases or matters either directly or indirectly. The Lok Adalat shall not decide the matter referred to at its own instance, instead the same would be decided on the basis of the compromise or settlement between the parties. The members of the Lok Adalat shall assist the parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute.

The Nature of Cases to be Referred to Lok Adalat are as follows:

1. Any case pending before any court.

2. Any dispute which has not been brought before any court and is likely to be filed before the court.

Note:

Any matter relating to an offence which is not compoundable under the law shall not be settled in Lok Adalat.
The Lok Adalat shall have no jurisdiction in respect of matters relating to divorce. Only mediation proceedings can be done in some matrimonial matters.

How to Get the Case Referred to the Lok Adalat for Settlement

(A) Case pending before the court.

(B) Any dispute at pre-litigative stage (i.e. a dispute which is not yet brought before any court.)

The State Legal Services Authority(SLSA) or District Legal Services Authority(DLSA) as the case may be on receipt of an application from any one of the parties at a pre-litigation stage may refer such matter to the Lok Adalat for amicable settlement of the dispute for which notice would then be issued to the other party.

Levels and Composition of Lok Adalats

At the State Authority Level

The Member Secretary of the SLSA organizing the Lok Adalat would constitute Benches of the Lok Adalat, each Bench consisting of –

a sitting or retired judge of the High Court; OR
a sitting or retired judicial officer; And
any one or both of – a member from the legal profession; a social worker engaged in the upliftment of the weaker sections and interested in the implementation of legal services schemes or programmes.

At High Court Level

The Secretary of the High Court Legal Services Committee would constitute benches of the Lok Adalat, each bench consisting of –

a sitting or retired judge of the High Court; And
any one or both of – a member from the legal profession; a social worker engaged in the upliftment of the weaker sections and interested in the implementation of legal services schemes or programmes.

At District Level

The Secretary of the District Legal Services Authority organizing the Lok Adalat would constitute benches of the Lok Adalat, each bench comprising of –

a sitting or retired judicial officer; And
any one or both of either a member from the legal profession; and/or a social worker engaged in the upliftment of the weaker sections and interested in the implementation of legal services schemes or programmes; OR
a person engaged in para-legal activities in the area, preferably a woman.

At Taluk Level

The Secretary of the Taluk Legal Services Committee organizing the Lok Adalat would constitute benches of the Lok Adalat, each bench comprising of;

a sitting or retired judicial officer; And
any one or both of either a member from the legal profession; and/or a social worker engaged in the upliftment of the weaker sections and interested in the implementation of legal services schemes or programmes; OR
a person engaged in para-legal activities in the area, preferably a woman.

National Lok Adalat

National Level Lok Adalats are held at regular intervals where on a single day Lok Adalats are held throughout the country, in all the court’s right from the Supreme Court till the Taluk Levels wherein cases are disposed off in huge numbers. From February 2015, National Lok Adalats have been held on a specific subject every month.

Permanent Lok Adalat

The other type of Lok Adalat is the Permanent Lok Adalat, organized under Section 22-B of The Legal Services Authorities Act, 1987.

Permanent Lok Adalats have been set up as permanent bodies with a Chairman and two members for providing compulsory pre-litigative mechanism for conciliation and settlement of cases relating to Public Utility Services like transport, postal, telegraph etc.

The jurisdiction of the Permanent Lok Adalats is upto Rupee 1 crore. Here, if the parties fail to reach a settlement, the Permanent Lok Adalat has the jurisdiction to decide the case.

The award of the Permanent Lok Adalat is final and binding upon the parties. The Lok Adalat may conduct the proceedings in such a manner as it considers appropriate, taking into account the circumstances of the case, wishes of the parties like requests to hear oral statements, speedy settlement of disputes etc.

Mobile Lok Adalats are also organized in various parts of the country which travel from one location to another to resolve disputes in order to facilitate the resolution of disputes through this mechanism.

Conclusion

Lok Adalat is very effective in the settlement of money claims and other disputes like partition suits, damages and some matrimonial cases can also be easily settled before Lok Adalat, as the scope for compromise is high in these cases. A Lok Adalat can take up civil cases (including marriage, and family disputes) and compoundable criminal cases.

It is a forum where cases pending on panchayats or at pre pre-litigation stage in a court of law are settled. They have been given statutory status under the Legal Services Authorities Act, 1987.

Under this Act, the award (decision) made by the Lok Adalats is deemed to be a case of a civil court and is final and binding on all parties and no appeal against such an award lies before any court of law. If the parties are not satisfied with the award of the Lok Adalat (though there is no provision for an appeal against such an award), they are free to initiate litigation by approaching the court of appropriate jurisdiction.

As on 30.09.2015, more than 15.14 lakhs Lok Adalats have been organized in the country since its establishment and more than 8.25 crore cases have been settled by this mechanism so far.

Source: NLSA

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