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.