Ankur Lal Advocate

Lok Adalat: People’s Court

Introduction

  • Meaning: Lok Adalat translates to “People’s Court” and aligns with Gandhian principles.
  • Historical Context: Recognized by the Supreme Court as an ancient adjudicatory system in India, still relevant today.
  • Role in ADR: Part of the Alternative Dispute Resolution (ADR) system, offering informal, cost-effective, and swift justice.

History

  • First Lok Adalat: Held in Gujarat in 1982 as a voluntary, conciliatory body without statutory authority.
  • Statutory Status: Gained statutory backing under the Legal Services Authorities Act, 1987 due to its increasing popularity.

Organization

  • Authorities Involved:
    • State/District Legal Services Authority
    • Supreme Court/High Court/Taluk Legal Services Committee
  • Composition: Typically includes a judicial officer as chairman, a lawyer (advocate), and a social worker.
  • Intervals and Areas: Organized at intervals and locations as deemed necessary by the authorities.

National Legal Services Authority (NALSA)

  • Constitution: Formed under the Legal Services Authorities Act, 1987, effective from November 9, 1995.
  • Purpose: Establishes a uniform network across the nation to provide free and competent legal services to weaker sections of society.

Jurisdiction

  • Scope:
    • Pending court cases or matters within the jurisdiction of any court.
    • Disputes referred by the court or upon application by parties involved.
  • Types of Cases:
    • Matrimonial/family disputes
    • Compoundable criminal cases
    • Land acquisition cases
    • Labour disputes
    • Workmen’s compensation cases
    • Bank recovery cases
  • Exclusions: Non-compoundable offences under any law.

Powers

  • Equivalence to Civil Court:
    • Same powers as vested in a Civil Court under the Code of Civil Procedure (1908).
    • Can specify its own procedure for dispute resolution.
  • Judicial Proceedings:
    • Proceedings considered judicial under the Indian Penal Code (1860).
    • Deemed a Civil Court under the Code of Criminal Procedure (1973).
  • Award Finality:
    • Lok Adalat awards are final, binding, and equivalent to a Civil Court decree.
    • No appeals allowed against Lok Adalat awards.

Benefits

  • Cost-Effective: No court fee; refunded if already paid.
  • Procedural Flexibility: No strict adherence to procedural laws, enabling speedy trials.
  • Direct Interaction: Parties can interact directly with judges via counsel.
  • Non-Appealable Awards: Ensures finality and prevents delays.

Permanent Lok Adalats

  • Establishment: Introduced through the Legal Services Authorities Act amendment in 2002.
  • Function: Handles disputes related to public utility services (e.g., transport, postal services).
  • Composition:
    • Chairman (district judge/retired judge)
    • Two other experienced persons in public utility services.
  • Jurisdiction:
    • Does not handle non-compoundable offences.
    • Monetary jurisdiction up to Rs. 1 Crore.
  • Procedure:
    • Accepts applications before court proceedings.
    • Aims for settlement formulation; if unsuccessful, decides on merits.
  • Drawback: Failure to settle returns the case to the court, causing delays.

Conclusion

Lok Adalats provide an accessible, cost-effective, and speedy alternative to conventional courts, promoting amicable settlements. Their integration within the Indian legal system underscores the importance of traditional and community-based dispute resolution mechanisms in contemporary jurisprudence.

 

 

1 thought on “Lok Adalat: People’s Court”

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