Empowering Justice: Lok Adalat and NALSA in India

Introduction

Lok Adalat, which means “People’s Court“, is a unique alternative dispute resolution mechanism in India aimed at providing speedy and inexpensive justice to litigants. It operates on the principles of conciliation, mediation, and compromise to settle disputes outside the formal judicial system.

• Takes up cases which are pending or at the pre-litigation stage: based on Gandhian principles; One of the components of ADR (Alternative Dispute Redressal); Informal, cheap, expeditious.
• First Lok Adalat camp in the post-independence era: Gujarat (1982).
• Accorded statutory status under the Legal Services Authority Act, 1987.
• State Legal Services Authority/District Legal Service Authority/SC Legal Services Committee or HC Legal Services Committee/Taluk Legal Services may organize Lok Adalat at such intervals and places it thinks fit. 

Benefits of Lok Adalat

• No court fee.
• Procedural flexibility and speedy trial of the disputes.
• Directly interact with the judges through their counsel.
• The award by the Lok Adalat is binding on the parties and it is non-appealable.

Types of Lok Adalat

There are three types of Lok Adalats viz., National Lok Adalats, State Lok Adalats, and Permanent Lok Adalats ( Public Utility Services).

National Lok Adalats

• They are held at regular intervals where on a single day Lok Adalats are held throughout the country, in all the courts, right from the Supreme Court to the Taluk Levels. 
• From 2015, National Lok Adalats have been held on the specific subject matter every month.

State Lok Adalats

These are also known as Regular Lok Adalats. These can be further classified into the following types:

(a) Continuous Lok Adalat: A Lok Adalat bench sits continuously for a set number of days to facilitate

settlements by deferring unsettled matters to the next date and encouraging parties to reflect on the terms of the mutually accepted settlement before actual settlement.

(b) Daily Lok Adalat: This type of Lok Adalat is organized on a daily basis.

(c) Mobile Lok Adalat: These are organized by taking the Lok Adalat set up in a Multi-utility van to different areas for resolving petty cases and also spreading legal awareness in the area.

(d) Mega Lok Adalat: This is organized in the State on a single day in all courts of the State.

Permanent Lok Adalat

Amended Legal Service Authority Act 1987 in 2002 to provide for the establishment of permanent Lok Adalat.

• Features
  • Composition: It shall consist of a Chairman who is or has been a district judge or additional district judge or has held a judicial office higher in rank than that of the district judge and two other persons having adequate experience in public utility services.
  • Jurisdiction in respect of one or more utility services (transport, telephone services, transport services, etc.).
  • Pecuniary jurisdiction – up to 10 lakhs. However, the Central Government may increase the said pecuniary jurisdiction from time to time. 
  • Accordingly, in 2015, the Central Government increased the pecuniary jurisdiction up to Rs. One Crore.
  • No Jurisdiction: In respect of any matter relating to an offence not compoundable under any law.
  • Exclusivity of Jurisdiction: After an application is made to the Permanent Lok Adalat, no party to that application shall invoke the jurisdiction of any court in the same dispute. 
  • Adjudication Process: If the parties involved in the dispute are unable to reach an agreement, the Permanent Lok Adalat will proceed to decide on the merits of the case
• Award: Final and binding.

National Legal Services Authority (NALSA)

Introduction

NALSA aims to provide free legal aid and ensure justice for all by promoting access to legal services for marginalized and underprivileged sections of society. It coordinates and supervises the activities of State Legal Services Authorities (SLSAs) and District Legal Services Authorities (DLSAs) across the country. NALSA plays a crucial role in implementing various legal aid programs, initiatives, and schemes to empower individuals with legal knowledge and assistance, ultimately striving for a more equitable and just society.

• The Legal Services Authorities Act (1987) was enacted for a nationwide network of free and competent legal services for weaker sections, effective from November 9, 1995.
• The National Legal Services Authority (NALSA) monitors and evaluates legal aid program implementation, laying down policies for making legal services available under the Act.
• In every state, there is a State Legal Services Authority, and in every High Court, a High Court Legal Services Committee is constituted. 
• District Legal Services Authorities and Taluk Legal Services Committees are established in districts and most Taluks to implement NALSA policies, provide free legal services, and conduct Lok Adalats.
• The Supreme Court Legal Services Committee administers and implements the legal services program concerning the Supreme Court of India.
• NALSA sets policies, principles, guidelines, and economic schemes for State Legal Services Authorities to implement Legal Services Programs nationwide.

• The Free Legal Services include: 
  • Payment of court fees, process fees and all other charges payable or incurred in connection with any legal proceedings.
  • Providing the service of lawyers in legal proceedings. 
  • Obtaining and supplying certified copies of orders and other documents in legal proceedings. 
  • Preparation of appeal, paper book including printing and translation of documents in legal proceedings.
• The Persons eligible for getting free legal services include: (i) Women and children (ii) Members of SC/ST (iii) Industrial workmen, (iv) Victims of mass disaster, violence, flood, drought, earthquake, industrial disaster (v) Disabled persons (vi) Persons in custody (vii) Persons whose annual income does not exceed ₹1 lakh (in the Supreme Court Legal Services Committee the limit is ₹5,00,000/-) (viii) Victims of trafficking in human beings or beggar.  [UPSC 2020]

Conclusion

• Both the National Legal Services Authority (NALSA) and Lok Adalat play pivotal roles in enhancing access to justice and resolving disputes in India. 
• NALSA focuses on providing free legal aid and ensuring justice for marginalized sections of society, while Lok Adalat offers an alternative dispute resolution mechanism aimed at speedy and amicable settlements. 
• These institutions contribute significantly to the efficiency and effectiveness of the Indian legal system, promoting fairness and equity for all.