Lok Adalat

Lok Adalats, also known as People’s Courts, are an alternative way of resolving disputes in India without going through lengthy court processes. They handle a range of cases including family disputes, labour disputes, and housing finance issues, among others. They are important because they provide fast, affordable, and friendly solutions to disputes. Decisions made by Lok Adalats are final and binding, and their procedures are informal, allowing direct communication with the judge. In this article, you will learn about the post of meaning and definition of Lok Adalat, it’s composition, jurisdiction, power, advantages and disadvantages, all of which are very important topic for GS Paper-2 Polity & Governance of UPSC CSE Exam. To explore more interesting UPSC Polity concepts, check out other articles of IASToppers.  

Table of Content

• What is Lok Adalat?
• History of Lok Adalat
• Composition of Lok Adalats
• Jurisdiction of Lok Adalats
• Powers of Lok Adalat
• Award of Lok Adalat 
• Benefits of Lok Adalat
• Why Permanent Lok Adalats were established?
• Key features of Permanent Lok Adalats
• Drawbacks of the Lok Adalat System
• Conclusion
• FAQs on Lok Adalat

What is Lok Adalat?

• Lok Adalats, also known as People’s Courts, are a significant part of the Indian legal system.
• They are an alternative dispute resolution (ADR) mechanism that was established to provide speedy, cost-effective, and amicable resolution to disputes.
• Lok Adalat is a Statutory Organisation under Legal Services Authorities (NALSA) Act, 1987.
  • Section 89 of the Code of Civil Procedure, 1908 also recommends the referral of cases for settlement through Lok Adalats.

What is the Objective of Lok Adalat?

• To deliver prompt and inexpensive justice to the citizens.
• To settle the disputes which are pending before the courts, by negotiations and conciliation.

Constitutional Provision:

• Article 39 A of the Constitution of India provides for equal justice and free legal aid.
• Under this article, State has been ordained to secure a legal system, which promotes justice on the basis of equal opportunity.

History of Lok Adalat

• Lok Adalats evolved from and were influenced byvillage-based courts called Nyaya Panchayats (NPs).
• The Bhagwati Report of 1976 (The Report on National Juridicare) envisioned a court system in the image of Lok Adalats.
• The first Lok Adalat was held in Gujarat in 1982 and in Chennai for the first time in 1986.
• Initially, they functioned as voluntary dispute resolution bodies without any legislative endorsement for their judgments.
• As their reputation grew, there was a demand for statutory recognition, which was eventually granted under the Legal Services Authorities Act, 1987.

Composition of Lok Adalats

• The Lok Adalat is presided over by a sitting or retired judicial officer as the chairman.
• It also has two other members, usually a lawyer and a social worker.

Below entities may organised Lok Adalats:

• National Authority – organized by National Legal Services Authority (NALSA)
• State Authority – organized by Member Secretary of the State Legal Services Authority
• District Authority – organized by Secretary of the District Legal Services Authority
• Taluk Authority – organized by Secretary of the Taluk Legal Services Committee
• Supreme Court Legal Services Committee
• High Court Legal Services Committee

Jurisdiction of Lok Adalats

• A Lok Adalat has the jurisdiction to settle any matter which:
  • May be pending before any court,
  • Matters at pre-litigative stage i.e., disputes which have not yet been formally instituted in any court of law
• A pending court case can be transferred to the Lok Adalat for resolution if:
• Parties involved agree to settle through the Lok Adalat;
• One party applies for referral to the Lok Adalat;
• Court finds the case suitable for Lok Adalat consideration.
• However, they do not handle non-compoundable offences under any law.
• They mainly handle cases like:
  • Mutation of land cases
  • Compoundable criminal cases
  • Encroachment on forests land
  • Family disputes
  • Labour disputes
  • Workmen’s compensation cases
  • Land acquisition disputes and housing finance issues
  • Motor accidents claims,
  • Electricity and telephone bill disputes, municipal issues etc.

Powers of Lok Adalat

• The Lok Adalat has similar powers to a Civil Court under the Code of Civil Procedure (1908) regarding:
• Summoning for and ensuring the presence of witnesses and questioning them under oath;
• Requesting and obtaining any relevant documents;
• Accepting evidence presented through affidavits;
• Procuring public records or documents from any court or office;
• Any other aspects as determined by relevant law
• Lok Adalat can specify its own process for resolving any disputes presented before it. Any procedure carried out in a Lok Adalat is considered a legal proceeding according to the Indian Penal Code (1860).

Award of Lok Adalat 

• An award or verdict given by a Lok Adalat is regarded as an equivalent to a decree from a Civil Court or any other court’s order.
• All decisions made by a Lok Adalat are both final and obligatory for all parties involved in the conflict.
• There is no provision for an appeal against a Lok Adalat’s verdict in any court.
• 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.

Benefits of Lok Adalat

• Waived Court Fees: Lok Adalat does not require court fee. Additionally, if such fees have been previously paid, they’ll be reimbursed if the matter is resolved within this system.
• Flexible Procedure and Swift Trials: Unlike traditional courts, Lok Adalat isn’t bound by strict procedural regulations, such as the Civil Procedure Code and the Evidence Act. This promotes expediency in trials.
• Direct Communication with the Judge: In Lok Adalat, disputing parties, via their attorneys, can directly communicate with the judge. This is not something regular legal courts typically allow.
• Decisive and Final Rulings: The decision made by the Lok Adalat holds the same weight as a civil court’s decision. It is binding for all involved parties and cannot be appealed. This ensures speedy settlement of disputes.
• Cost Efficiency: It is less financially burdensome compared to traditional legal proceedings.
• Confidential Discussion: Parties in alternative dispute resolution (ADR)can freely discuss their disagreements without fear of the information being disclosed in a formal law court.
• No Loser or Winner Scenario: In ADR, there is no losing or winning party. It facilitates the redressal of grievances and restoration of relationships, fostering a sense of mutual resolution.

Why Permanent Lok Adalats were established?

• The Legal Services Authorities Act of 2002 led to the establishment of the Permanent Lok Adalat (PLA).
• It is a permanent body.
• It is headed by a chairman and two members.
• Its primary purpose is to offer a mandatory mechanism for pre-litigation conciliation and resolution of cases concerning Public Utility Services.

Reasons for establishing Permanent Lok Adalats

• Making Justice Accessible: The birth of Permanent Lok Adalats can be traced back to the Legal Services Authorities Act of 1987 that created legal service entities to provide cost-free, proficient legal aid to the less privileged, thereby promoting justice as an equal opportunity for all.
• Alternative Dispute Resolution Approach: The Lok Adalat system came into existence as a unique way to resolve disputes outside the courtroom, promoting a conciliatory approach.
• Addressing Drawbacks in the Current Scheme: A significant limitation in the present Lok Adalat scheme is that it largely depends on the parties reaching a compromise. If no agreement is made, the case usually returns to the court, or the parties are recommended to seek legal redress. This issue leads to avoidable delays in justice delivery. Thus, a need was felt for empowering Lok Adalats to decide cases based on merits when no compromise is achieved could mitigate this issue.
• Fast-tracking Public Utility: Cases involving public utility services require speedy settlements, even at the pre-litigation stage. By resolving these minor cases early, the load on regular courts can be reduced substantially. Setting up Permanent Lok Adalats would help resolve many such minor cases even before they reach court, reducing the load on regular courts considerably.

Other types of Lok Adalats

• National Lok Adalat: These are held on a single day disposing off large number of pending cases. It is held every month on specific topic across India.
• Mega Lok Adalat: It is held across all courts in state in a single day.
• Mobile Lok Adalats: These types of Lok Adalats are organised occasionally which travel from one place to other across country occasionally and help resolving disputes.

Key features of Permanent Lok Adalats

• Constitution of the Panel: A Permanent Lok Adalat is chaired by a current or former district judge, or a person with higher judicial rank. The panel will also include two individuals with sufficient experience in public utility services.
• Jurisdiction of a Permanent Lok Adalat: It extends to multiple public utility services such as transport services for passengers or goods by air, road, and water, postal, telegraph, or telephone services, power, light, or water supply, public conservancy or sanitation, services in hospitals or dispensaries, and insurance services.
• Pecuniary Jurisdiction of a Permanent Lok Adalat: It is set at up to ten lakh rupees. However, the Central Government reserves the right to revise this limit as needed.
• Non-Jurisdiction over Non-Compoundable Offences Permanent Lok Adalats do not hold jurisdiction over any matters pertaining to non-compoundable offences under any law.
• Pre-Court Dispute Settlement: Before taking the dispute to any court, any involved party can approach the Permanent Lok Adalat for dispute resolution. Once an application is submitted to the Permanent Lok Adalat, no party involved in the dispute can invoke the jurisdiction of any court for the same dispute.
• Procedure for Dispute Settlement: If the Permanent Lok Adalat identifies potential elements for a settlement acceptable to the parties, it suggests possible settlement terms for their consideration. If an agreement is reached, the Lok Adalat passes an award. If no agreement is reached, the Lok Adalat decides on the dispute based on its merits.
• Finality of the Award: Every award passed by the Permanent Lok Adalat is considered final and binding on all involved parties and is decided by a majority of the Permanent Lok Adalat’s members.

Difference between Lok Adalat and Permanent Lok Adalat

Drawbacks of the Lok Adalat System

Below are some of the disadvantages of Lok Adalat System:

Speedy Resolution Paradox: While the speedy process within Lok Adalats saves both time and cost, it can potentially lead to inadequate compensation for involved parties. There might not be sufficient opportunity to argue for a better compensation amount due to the fast-paced nature of these hearings. Conversely, traditional court proceedings often result in more substantial compensations. As the saying goes, “Justice delayed is justice denied,” but at the same time, hurried justice could be insufficient justice.

Limitation in Case Types: Not all types of legal disputes can be accommodated within the Lok Adalat jurisdiction. In Lok Adalat, mostly compromise and settlement happens which is not the requirement in every case. Certain legal situations in India require punitive and correctional justice, which Lok Adalats are not equipped to deliver. If such cases are referred to Lok Adalats, it may only result in additional delays and complications.

Unfulfilled Expectations: People initially favored the Lok Adalat system as a response to dissatisfaction with the cost and time-consuming court proceedings. However, the reality of Lok Adalats, often marked by unprepared or absent lawyers and pressure to settle, did not always meet these expectations.

Inadequate Understanding of Disputants’ Conflicts: Many Lok Adalat proceedings fall short due to the legal professionals’ lack of understanding of the real nature of conflicts. This limited success can be attributed to the ignorance of judges about the true complexity and depth of issues between parties. In rural Lok Adalats, many lawyers fail to understand the issues between disputants, such as long-standing caste issue or tribal conflicts.

Lack of Dedicated Legal Professionals: The Lok Adalat system has also been impeded by a shortage of dedicated judges and lawyers.

Preference for Informal Settlement: Rural communities in India usually favor settling disputes through informal means. However, over time, the number of Lok Adalats has decreased due to lack of resources, despite the increasing demand. This decline has led to the perception of Lok Adalats as just an extension of the formal judicial system, leading to decreased satisfaction.

Conclusion

The Lok Adalat system is an invaluable part of India’s legal landscape, providing an accessible, cost-effective, and timely justice delivery mechanism. However, to overcome its certain shortcomings, Indian government should focus on improving training and resources for legal professionals, expanding the types of cases handled, and ensuring comprehensive understanding of disputes. Furthermore, public awareness should be increased about the system’s benefits, thus promoting its use. By bolstering the Lok Adalat and Permanent Lok Adalat systems, India can pave the way for a more equitable, accessible, and efficient justice delivery system.

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FAQs(frequently asked question)