The Lok Adalats are 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 to promotes justice on the basis of 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 the society.
Lok Adalat is one of the alternative dispute redressal mechanisms, it is a forum where disputes/cases pending in the court of law or at pre-litigation stage are settled/ compromised amicably. Lok Adalats have been given statutory status under the Legal Services Authorities Act, 1987. Under the said Act, the award (decision) made by the Lok Adalats is deemed to be a decree of a civil court and is final and binding on all parties and no appeal against such an award lies before any court of law. If the parties are not satisfied with the award of the Lok Adalat though there is no provision for an appeal against such an award, but they are free to initiate litigation by approaching the court of appropriate jurisdiction by filing a case by following the required procedure, in exercise of their right to litigate.
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 complaints/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 statutory conciliators only and do not have any judicial role; therefore they can only persuade the parties to come to a conclusion for settling the dispute outside the court in the Lok Adalat and shall not pressurize or coerce any of the parties to compromise or settle cases or matters either directly or indirectly. The Lok Adalat shall not decide the matter so referred at its own instance, instead the same would be decided on the basis of the compromise or settlement between the parties. The members shall assist the parties in an independent and impartial manner in their attempt to reach amicable settlement of their dispute.
Lok Adalats
- A Lok Adalat is one of the substitute dispute redressal mechanisms.
- National Legal Services Authority alongside other Legal Services Institutions conducts Lok Adalats.
- It is a forum where cases or disputes incomplete in the court of law are compromised cordially.
What is its composition?
- The Lok Adalat is chairman, two members, and one social worker.
- The chairman must be a sitting or retired judicial officer.
- The other two members should be a lawyer
Members
- The individuals determining the cases in the Lok Adalats are called the Members of the Lok Adalats
- They have the role of statutory intermediaries only
- They do not have any judicial role
Statutory
- Under the Legal Services Authorities Act, 1987 Lok Adalats have been given statutory status.
Final award
- Under the Legal Services Authorities Act, 1987 the decision made by the Lok Adalats is considered to be a verdict of a civil court and is ultimate and binding on all parties.
No appeal
- There is no provision for an appeal against the verdict made by Lok Adalat
- If the parties are not satisfied with the award of the Lok Adalat though there is no provision for an appeal, they are free to initiate litigation.
No fee
- There is no court fee payable when a dispute is filed in a Lok Adalat.
- If a dispute pending in the court of law is referred to the Lok Adalat and is settled later, the court fee originally paid in the court on the petition is also reimbursed back to the parties.
Amicable Resolutions
- The Lok Adalat shall not decide the dispute so mentioned at its own instance, instead the same would be decided on the basis of the compromise between the parties.
- The members shall assist the parties in a sovereign and impartial manner in their attempt to reach a cordial settlement of their dispute.
Importance of Lok Adalats
- 16.9% of all cases in taluka and district courts are three to five years old. (source: National Judicial Data Grid)
- 17% are 10-20 years old, and over 20.4% of all cases are 5-10years old in High courts.
- 66,000 cases are pending before the SC, over 57 lakh cases before various High Courts, and over 3cr cases are pending before various subordinate and district courts.
- Litigants are forced to approach Lok Adalats because it is a party-driven process that allows them to reach an amicable settlement.
Benefits of Lok Adalats
- Lok Adalats offer the parties speed of settlement and most cases are disposed of in a single day.
- There is no strict application of procedural laws such as the Code of Civil Procedure, 1908, and the Indian Evidence Act, 1872. So the Lok Adalats are fast due to flexibility.
- The award issued by a Lok Adalat, after the filing of a joint compromise petition, has the status of a civil court decree. The award is binding.
- There is no court fee and if the court fee is already paid, the amount will be refunded if the dispute is settled at Lok Adalat.
FAQs
Nature of Cases to be Referred to Lok Adalat?
1. Any case pending before any court.
2. Any dispute which has not been brought before any court and is likely to be filed before the court.
Provided that any matter relating to an offence not compoundable under the law shall not be settled in Lok Adalat.
How many Lok Adalats are there in India?
As per the data provided by National Legal Services Authority, there are more than 15.14 lakhs Lok Adalats organised across the country, as of 2015. More than 8.25 crore cases have been settled by this mechanism so far
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