The Legal Services Authorities Act of 1987 introduced the Lok Adalat in India which brought transformative change to legal systems by its implementation of dispute resolution alternatives. Lok Adalat serves courts by enabling quick dispute resolution through a modern alternative system that bypasses traditional court procedures. The Lok Adalat is a hope in the midst of ongoing pendency in Courts as it maintains time accountability and justice accessibility without discrimination toward people's social or economic positions.
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Is there any Lok Adalat Act?
NALSA, along with other Legal Services Institutions, conducts Lok Adalats. Lok Adalat is an alternative dispute resolution mechanism where disputes or cases pending in court or at the pre-litigation stage are amicably settled or compromised. Lok Adalats are granted statutory status under the Legal Services Authorities Act, 1987.
Under this Act, any decision made by the Lok Adalat is deemed a decree of a civil court, and it is final and binding on all parties. No appeal can be filed against such an award in any court of law. However, if the parties are dissatisfied with the award, they can still initiate litigation by filing a case in the appropriate court by following the required procedure, exercising their right to litigate.
There are no court fees when a matter is filed in a Lok Adalat. If a case pending in court is referred to the Lok Adalat and settled, the court fee originally paid on the petition or complaint is refunded to the parties.
The individuals who decide cases in Lok Adalats are called Members of the Lok Adalat. Their role is to act as statutory conciliators, not judicial officers. They help parties reach a compromise or settlement outside the court but cannot pressurize or coerce any party into compromising.
Lok Adalats do not decide matters on their own; instead, they rely on the mutual compromise or settlement between the parties. Members assist the parties impartially in attempting to reach an amicable resolution.
Kinds of Lok Adalat
We have three types of Lok Adalat in India known as National Lok Adalat, Permanent Lok Adalat and Mobile Lok Adalat:
National Lok Adalat
National Lok Adalats are held at regular intervals, where, on a single day, Lok Adalats are conducted nationwide, from the Supreme Court to Taluk levels. These Lok Adalats dispose of a large number of cases. Since 2015, National Lok Adalats have been held monthly on specific subject matters.
Permanent Lok Adalat
Permanent Lok Adalats is defined under Section 22-B of Legal Services Authorities Act 1987.
These are set up as permanent bodies with a Chairman and two members, specifically for pre-litigation conciliation and settlement of cases related to public utility services (e.g., transport, postal, telegraph).
Even if the parties cannot reach a settlement, the Permanent Lok Adalat has the jurisdiction to decide the dispute, provided it does not relate to an offense.
The award of Permanent Lok Adalats is final and binding and its jurisdiction is up to ₹10 lakh Rupees.
The Permanent Lok Adalat conducts proceedings in a manner it deems fit by considering the circumstances and the parties’ prayers, e.g, for oral statements or a speedy settlement.
Mobile Lok Adalats
Mobile Lok Adalats are organized in various parts of the country. These traveling units facilitate the resolution of disputes by bringing the dispute resolution process closer to communities, thus making it more accessible.
Key Provisions of the Lok Adalat Acts
While not all disputes are eligible for Lok Adalat, the Act ensures that issues related to civil, criminal, and family matters, as well as other issues such as recovery of money, can be resolved in an informal setting with mutual consent.
Establishment of Legal Services Authorities
National Legal Services Authority (NALSA), State Legal Services Authorities (SLSAs), and District Legal Services Authorities (DLSAs) build the foundation of Lok Adalats. The abovementioned bodies oversee the functioning of Lok Adalats across India by organizing and managing the proceedings.
National Legal Services Authority (NALSA): It is the apex body, which formulates policies, guidelines, and directives to ensure uniformity in the functioning of the Lok Adalat system.
State Legal Services Authorities (SLSAs) and District Legal Services Authorities (DLSAs): These bodies operate at the state and district levels by coordinating, organizing Lok Adalat sittings and ensuring smooth functioning of Lok Adalat system.
Functioning of Lok Adalat
Lok Adalats are organized by the respective authority such as NLSA, SLSA and DLSA.
The Lok Adalats are presided by a Retired Judge, Judicial Officer, or Senior Advocate.
The Lok Adalat system functions as an informal and non-judicial setup, wherein the disputes are resolved through conciliation and mediation instead of formal trials.
In cases where both parties agree to a settlement, the matter is resolved, and a consent award is passed which possesses the same value as a decree of a civil court and hence making it legally binding.
Jurisdiction of Lok Adalat
Not all cases are eligible to be resolved by Lok Adalats. The jurisdiction is limited to specific types of cases:
Civil Cases: Matters related to property disputes, recovery of money, contractual disputes, matrimonial issues, etc.
Criminal Cases: Minor offenses, including compoundable offenses like petty thefts and personal disputes.
Family Matters: Issues related to marriage, divorce, maintenance, custody, etc.
Motor Vehicle Accident Claims: Lok adalats resolve claims relating to accidents by motor vehicle.
Read about Arbitration Agreement in ADR
Voluntary Nature of Participation
Lok Adalats possess the voluntary participation of the parties, which means that both parties must consent to participate in the process, and the decision to settle by Lok Adalat is not imposed by force. If either party is unwilling to participate, the case proceeds through the regular court proceedings.
Process of Resolution in Lok Adalat
A Lok Adalat functions through an easy and unstructured procedure. The presiding officer at Lok Adalat listens to both parties before enabling settlement discussions with their help.
Lok Adalat exists to create settlements through consensus instead of applying judgments to cases.
A decree following agreement or settlement enables corresponding settlements to become enforceable by law.
Enforceability of the Award
The decision given by any dispute resolution mechanism is known as Award and so a decision given by Lok Adalat is known as a Lok Adalat Award which possesses the same importance as a judgement, hence it makes such award final and binding on both parties wherein non-compliance can result in execution proceedings.
Advantages of the Lok Adalat System
Lok Adalats have become popular in India because they offer various advantages that supports dispute resolution.
Speedy Resolution
Lok Adalats offers speedy resolution of disputes compared to Court trials. Traditional courts in India are already famous for the pendency of cases which leads to delays in matters related to civil disputes that can stretch for years. Whereas, Lok Adalats focus on speedy resolution of disputes, which helps in reduction of the load on the judicial system in India.
Cost-Effective
Traditional courts require considerable expenditure which includes costs for court fees and the fees of Advocates together with the other expenses. Whereas, no fees are charged at Lok Adalat which creates an affordable resolution system for every social class.
Limitations of Lok Adalats
While the Lok Adalat system has several advantages, it is not without its limitations:
Limited Jurisdiction: Not all types of cases can be referred to Lok Adalats. Complex and non-compoundable criminal cases are generally excluded.
Voluntary Nature: If one party is unwilling to participate, the case cannot proceed through the Lok Adalat system.
No Legal Precedent: Since the decisions are based on mutual agreement, there is no legal precedent or reasoning behind the verdicts, which can sometimes leave parties dissatisfied.
Summary
The Lok Adalat is an important system to enhance judicial access for every citizen of India. Lok Adalat operates with maximum efficiency so it reduces costs and conserves resources as well as maintaining an informal system to help courts manage their load and maintain community coherence. The objective of a Lok Adalat is to achieve justice by performing alternative dispute resolution such as mediation and conciliation to reach a settlement which fulfills the needs of both the parties without going through lengthy trials.
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Lok Adalat Act: FAQs
Q1. What is the purpose of the Lok Adalat?
Lok Adalat provides a speedy, cost-effective, and informal dispute resolution to lessen the burden on the Courts.
Q2. What types of cases can be referred to Lok Adalat?
Civil, criminal (compoundable offenses), family matters, and motor vehicle accident claims can be resolved through Lok Adalat.
Q3. Is the Lok Adalat award legally binding?
Yes, the decision passed by a Lok Adalat is legally binding and holds the same weight as a court decree.
Q4. What are the advantages of Lok Adalats?
Lok Adalats offer speedier resolutions, lower costs, and greater accessibility to justice, especially for disadvantaged groups.
