Lok Adalat
Vishal Tomar
Sardar Patel Subharti Institute of Law
This blog is written by Vishal Tomar, a Fifth-Year Law Student of Sardar Patel Subharti Institute of Law
Justice delayed is Justice denied.[1]
WHAT IS LOK ADALAT?
As Abraham Lincoln said, “Discourage litigation. Persuade your neighbors to compromise wherever you can. Point out to them how the nominal winner is often a real loser - in fees, expenses, and waste of time. As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be business enough."[2]
The Lok Adalat is formed to fulfill the promise given by the preamble of the Indian Constitution– securing Justice – social, economic, and political of every citizen of India. Article 39A of the Constitution provides for free legal aid to the deprived and weaker sections of society and promotes justice based on equal opportunity. Articles 14 and 22(1) of the Constitution also make it compulsory for the State to guarantee equality before the law.
In 1987, the Legal Services Authorities Act was enacted by the Parliament, which came into force on 9th November 1995 to establish a nationwide uniform network for providing free and competent legal services to the weaker sections of society.
Definition of Lok Adalat’s
A Lok Adalat is one of the substitute dispute redressal mechanisms.
National Legal Services Authority alongside other Legal Services Institutions conducts Lok Adalat’s.
It is a forum where cases or disputes incomplete in the court of law are compromised cordially.
There is no court fee payable when a matter is filed in a Lok Adalat. If a matter pending in the court of law is referred to the Lok Adalat and is settled subsequently, the court fee originally paid in the court on the 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
NALSA along with other Legal Services Institutions conducts Lok Adalat’s.[3]
How the Legislative base was established?
Initially, the Camps of Lok Adalat were started in Gujarat in March 1982. The first Lok Adalat was held on March 14, 1982, at Junagarh in Gujarat. Maharashtra commenced the Lok Nyaya Laya in 1984. Since April 1985, Lok Adalat’s have been exclusively organized for settlements of the Motor Third Party Act.[4] The advent of the Legal Services Authorities Act, 1987 gave a statutory status to Lok Adalat, under the constitutional mandate in Article 39-A of the Constitution of India. It contains various provisions for the settlement of disputes through Lok Adalat.[5]
LANDMARK JUDGEMENT HIGHLIGHTING THE SIGNIFICANCE OF THE LOK ADALAT MOVEMENT
Abdul Hasan and National Legal Services Authority - Petitioner Vs. Delhi Vidyut Board and others – Respondents. [6]
Facts of the Case: The petitioner filed a writ petition before the Delhi High Court for the restoration of electricity at his premises, which was disconnected by the Delhi Vidyut Board (DVB) on account of non-payment of the Bill. Inter alia, the grievances of the citizens were not only confined to the DVB but also directed against State agencies like DDA, Municipal Corporation, MTNL, GIC, and other bodies, Court notices were directed to be issued to NALSA and Delhi State Legal Service Authority. [7]
Judgment Held: Hon’ble Mr. Justice Anil Dev Singh passed the order giving directions for setting up of permanent Lok Adalats.[8]
COMPOSITION OF LOK ADALATS
Lok Adalat may be scheduled at whatever intervals and locations the State/District Legal Services Authority, the Supreme Court/High Court/Taluk Legal Services Committee, or both deem appropriate. Every Lok Adalat held for a certain area shall have the amount of active or retired judges and other residents that the organization hosting the Lok Adalat may specify.
Members: Members of the Lok Adalat are the people who decide the cases in the Lok Adalat. They solely act as statutory mediators. They play no judicial function.
Statutory: Lok Adalat has been accorded legislative status by the Legal Services Authorities Act of 1987.
Final award: The Lok Adalat decision is final and enforceable for all parties under the Legal Services Authorities Act of 1987 and is treated as the judgment of a civil court.
No appeal: There is no provision for an appeal of the Lok Adalat ruling. Despite the lack of an appeals process, the parties are allowed to start a lawsuit if they are not happy with the Lok Adalat’s decision.
No fee: When a matter is brought before a Lok Adalat, there is no court fee due. The court money initially paid in the court on the petition is also given back to the parties if an unresolved legal dispute is referred to the Lok Adalat and resolved subsequently.
Amicable Resolutions: The Lok Adalat will not resolve the aforementioned dispute on its initiative; rather, it will be resolved based on a compromise reached by the parties. The participants will support the parties’ efforts to amicably resolve their conflict in a sovereign and unbiased manner.
TYPES OF LOK ADALAT'S
National Lok Adalat
National Level Lok Adalat’s are held at regular intervals where on a single day Lok Adalat’s are held throughout the country, in all the courts right from the Supreme Court to the Taluk Levels wherein cases are disposed of in huge numbers. Since February 2015, National Lok Adalat has been held on a specific subject matter 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. The jurisdiction of the Permanent Lok Adalat is up to Rs. Ten Lakhs.
Mobile Lok Adalat’s
They are also organized in various parts of the country which travel from one location to another to resolve disputes to facilitate the resolution of disputes through this mechanism.
NATURE OF CASES REFERRED TO LOK ADALATS
o Any case pending before any court.
o Any dispute that has not been brought before any court and is likely to be filed before the court.
o Provided that any matter relating to an offense not compoundable under the law shall not be settled in Lok Adalat.
PASSING THE AWARD
Every award of Lok Adalat shall be deemed to be a decree of a civil court.
Every award shall be signed by all the parties to the dispute and the panel constituting the Lok Adalat.
Every award shall form part of the judicial records.
Every award shall be categorical and lucid.
Every award shall be in the regional language or English.
A certified copy of the award will be given free of cost, to all the parties.
Every award made by Lok Adalat shall be final and binding on all the parties to the dispute, and no appeal shall lie to any court against the award.
If a pending case is settled at Lok Adalat, any court fee already paid will be refunded as provided by the Court Fees Act, of 1870.
Conclusion
Lok Adalat has become an integral part of the Indian legal system and has become the aperture for access to justice for the poor and downtrodden. They have bridged the gap to legal aid, but still have certain areas of improvement which could increase their efficiency even more. While they are acting well to bridge the gap of “access” to justice, there needs to be a review of their effectiveness in providing aggrieved parties true access to “justice”. With finality, one can conclude that there is more than meets the eye that can be done to make Lok Adalat’s a better redressal system towards rising litigation.
REFERENCES
· Sweta, Lok Adalat, History, Composition, Types, Benefits & Concerns, (2023)Lok Adalat, History, Composition, Types, Benefits & Concerns (studyiq.com) (accessed on 20 September 2024)
· Moksh Ranawat, Lok Adalats in India: Apertures to Speedy Justice (2019) Lok Adalats in India: Apertures to Speedy Justice - iPleaders (accessed on 21 September 2024)
· Lok Adalat – Advantages, Drawbacks, and Solutions | UPSC (iasexpress.net) (accessed on 22 September 2024)
· byjus.com/free-ias-prep/lok-adults-for-upsc-exam/ (accessed on 23 September 2024)
· Bhaswant Prakash, Lok Adalat: A Step Towards Justice, Lok Adalat: A Step Towards Justice (legalserviceindia.com) (accessed on 24 September 2024)
[1] LEGAL MAXIMS
[2] THE COLLECTED WORKS OF ABRAHAM LINCOLN
[3] https://nalsa.gov.in/lok-adalat
[4] MALIK AND RAVAL, Law and Social Transformation in India, Third Edition. Allahabad Law Agency, Page 419
[5] Art. 39A of the Constitution of India, 1950
[6] Abdul Hasan and National Legal Services Authority v. Delhi Vidyut Board and others. AIR 1999 Delhi H. C. P. - 88.