Lok Adalat

The Lok Adalat or ‘People’s Court’ is an ancient Indian adjudicating system that has been remodelled for present times. Based on Gandhian principles, the system of Lok Adalats has been widely successful in providing an alternative to the overburdened and expensive court system. A component of the Alternative Dispute Resolution (ADR) system, Lok Adalats ensure dispute resolution that is viable, economic, efficient, and informal. They take on disputes in the pre-litigation stage and amicably settle them.

Legal Services Authorities Act, 1987

The Lok Adalat system first started in Gujarat and soon gained prominence across India. It functioned as a voluntary agency without a statute backing its decisions. However, given its reach and popularity, Lok Adalats were granted statutory status via the Legal Services Authorities Act in 1987.

Provisions of the act in brief

• State courts, district courts ,the High Court, Supreme Court, or Taluk Legal Services Committees may organise and hold Lok Adalats as they deem fit.
• Its members include a judicial officer as chairman, an advocate, and a social worker.
• Jurisdiction in disputes which:
  • Are pending before a court
  • Are within the jurisdiction of a court but have not been brought before the court

They shall not have jurisdiction in non-compoundable cases, i.e., cases where a compromise cannot be arrived at.

• Cases can be addressed by a Lok Adalat when:
  • Parties agree to settle the dispute in a Lok Adalat
  • One party submits an application to the court for referring the case to a Lok Adalat
  • The court considers the case appropriate to be heard by a Lok Adalat.
• The Lok Adalat is vested with the same powers of a Civil Court under the Code of Civil Procedure (1908).
• An award/decision of a Lok Adalat is final and binding on all parties and cannot be appealed against in any court.

Benefits of the Lok Adalat System

• There are no court fees–Lok Adalats are an inexpensive mode of alternate dispute resolution. Any court fees will be refunded if the dispute is amicably settled in a Lok Adalat.
• Flexibility and speedy trials–Lok Adalats do not have to strictly apply procedural laws and can settle disputes much faster than a normal court.
• Parties can directly engage with the judge through their counsel.
• Non-appealable decisions ensure fewer delays.
• Parties are not left bitter and relationships can be restored after the case due to the nature of Lok Adalats.

Permanent Lok Adalats

An amendment to the Legal Services Authorities Act in 2002 provided for the establishment of Permanent Lok Adalats. The reasons for this amendment were:

• The success of the Lok Adalat system in resolving disputes in a conciliatory and non-expensive manner.
• An emphasis on arriving at a compromise at a Lok Adalat meant that it could not decide if the parties failed to negotiate. This would result in a delay in delivering justice. Therefore, the amendment provided for Lok Adalats to decide the case on merit if the parties failed to negotiate.
• Cases related to public utilities could directly be routed to a Lok Adalat even before the pre-litigation stage to save the court from the burden of multiple petty cases.

Features of Permanent Lok Adalats

• They consist of a Chairman who has held the judicial office of a District Judge, Additional District Judge, or higher, as well as two other people with experience in public utility services.
• Jurisdiction:
  • Shall have jurisdiction over one or more public utility services.
  • Pecuniary jurisdiction–up to Rs. 10 lakh.
  • Shall not have jurisdiction over a dispute related to a non-compoundable offence.
• Once an application is made to a Permanent Lok Adalat, no party to that application shall invoke the jurisdiction of any court in the same dispute.
• In case the parties fail to compromise, the Permanent Lok Adalat shall decide cases on merit.
• Every award made shall be permanent and binding on all parties.

Lok Adalats in Delhi

Lok Adalats are organised every month in all 11 districts of Delhi under the Delhi State Legal Services Authority. They help in the settlement of various pending and pre-litigation disputes that are compoundable. 

Apart from the Lok Adalats on the move, Delhi also has two Permanent Lok Adalats established by the Delhi State Legal Services Authority.

Conclusion

The forum of Lok Adalats has helped greatly in reducing the burden of the courts. They deliver speedy justice inexpensively and amicably settle disputes. There are no winners and losers in a dispute settled by a Lok Adalat. This form of Alternative Dispute Resolution has helped many bypass lengthy and tedious court proceedings, and thus, its popularity is a testament to its success.