Recently, the Supreme Court commenced its week-long special Lok Adalat drive to amicably settle long-pending disputes as a part of its 75th anniversary celebrations.
Lok Adalats
- Basis: Based on Gandhian principles, it is a component of Alternate Dispute Resolution systems, including settlements through mediation, negotiation, and conciliation.
- It involves individuals who are directly or indirectly affected by dispute resolution.
- Origins: The first Lok Adalat was held on March 14, 1982, in Junagarh, Gujarat. The Legal Services Authorities Act of 1987 granted statutory status to Lok Adalats.
- Composition: A Lok Adalat is typically chaired by a sitting or retired judicial officer, accompanied by two other members—a lawyer and a social worker.
- Features: The Lok Adalat’s award can be enforced as a civil court decree.
- Parties are not required to have legal representation, incur no fees, and are not bound by the strict rules of Civil Procedure and Evidence. Instead, principles of natural justice and other legal principles are applied.
- Decisions are made informally and are binding on the parties, with no option for appeal against the Lok Adalat’s order.
- Jurisdiction: A Lok Adalat has jurisdiction over the following disputes:
- It can resolve and settle even compoundable criminal cases under relevant laws.
- Amendments to the Legal Services Authorities Act, 1987, in 2002, expanded its role to include disputes related to public utility services like transport and postal services.
- It handles matters such as matrimonial and family disputes, compoundable criminal offenses, land acquisition cases, labor disputes, workmen’s compensation claims, and bank recovery cases.
- Powers: A Lok Adalat has the powers of a civil court under the Code of Civil Procedure, 1908, and can establish its own procedures for resolving disputes.
- It is considered a Civil Court for the purposes of Section 195 and Chapter XXVI of the Criminal Procedure Code (CrPC).
Enroll now for UPSC Online Classes
Alternate Dispute Resolution systems
- About: ADR is a non-adversarial dispute resolution mechanism that focuses on cooperative efforts to achieve the best outcome for all parties.
- It helps alleviate the court’s litigation load and offers a comprehensive, satisfying resolution experience.
- ADR allows for creative and collaborative bargaining, enabling parties to “expand the pie” and address the underlying interests behind their demands.
Other Major ADR Methods in India:
- Arbitration: A quasi-judicial process with binding decisions.
- Mediation: A voluntary and consensual decision-making process.
- Conciliation: A conciliator helps parties reach a mutually agreed settlement, which is non-binding.
|
National Legal Services Authority (NALSA):
- About: NALSA provides free legal aid and ensures justice by enhancing access to legal services for marginalized and underprivileged groups.
- It oversees State and District Legal Services Authorities nationwide and implements legal aid programs to empower individuals and promote a more just society.
- Role: Monitors and evaluates the implementation of legal aid programs.
- Function: Sets policies for providing legal services under the Act.
|
Types of Lok Adalats
There are three main types of Lok Adalats:
- National Lok Adalats: Held at regular intervals, these are conducted nationwide on a single day across all courts, from the Supreme Court to Taluk levels. Since 2015, they have been organized monthly on specific subjects.
- State Lok Adalats Also known as Regular Lok Adalats, these can be further divided into:
- Continuous Lok Adalat: A bench sits continuously for a set period, deferring unresolved matters to subsequent dates to allow parties time to consider settlement terms.
- Daily Lok Adalat: Held daily.
- Mobile Lok Adalat: Operated from a multi-utility van to resolve minor cases and promote legal awareness in various areas.
- Mega Lok Adalat: Conducted statewide on a single day across all state courts.
- Permanent Lok Adalats (Public Utility Services): These focus on public utility services and operate on a more permanent basis.
Check Out UPSC NCERT Textbooks From PW Store
Permanent Lok Adalat
The Legal Services Authority Act, 1987 was amended in 2002 to establish Permanent Lok Adalats.
Features
- Composition: Consists of a Chairman, who must be or have been a district judge or additional district judge, or hold a higher judicial rank, and two other members with significant experience in public utility services.
- Jurisdiction: Covers one or more public utility services (such as transport and telephone services).
- Pecuniary Jurisdiction: Handles cases up to ₹10 lakhs, with the Central Government having the authority to raise this limit; in 2015, it was increased to ₹1 crore.
- Exclusions: Does not have jurisdiction over non-compoundable criminal offenses.
- Exclusivity: Once an application is submitted to the Permanent Lok Adalat, no party can seek judicial intervention in the same dispute.
- Adjudication Process: If the parties cannot reach a settlement, the Permanent Lok Adalat will decide the case on its merits.
July 30, 2024
