This article has been written by Ms. Pratibha Mittal, a 1^st year B.COM.LL.B. (Hons.) student of University Institute of Legal Studies, Panjab University, Chandigarh.

Introduction

India is a democratic country so is guided by the principles of justice, equality and equal protection to all. The Preamble of the Constitution of India also specifies that all the citizens should be provided with “justice, social, economic and political” and “equality of opportunity”. The directive principle under Article 39A also states that “the State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.” Since India’s independence, the matter of equal access to justice has, indisputably, been the Indian legal system’s top priority.

In his address to the Constituent Assembly, Dr. B.R. Ambedkar, the chairman of the Drafting Committee, on November 25, 1949, made the following observations: “Social democracy means a way of life which recognises liberty, equality and fraternity as the principles of life. These principles of liberty, equality and fraternity are not to be treated as separate items. They form a union of trinity in the sense that liberty cannot be divorced from equality, and equality cannot be divorced from liberty, nor can liberty and equality be divorced from fraternity. Without equality, liberty would produce supremacy of the few over the many. Equality without liberty will kill individual initiative. Without fraternity, liberty and equality could not become a natural course of things.”

The Apex Court in State of Maharashtra v. Manu Bhai Bagaji Vashi, 1995 5 SSC 730, held that “the right to free legal and speedy justice are guaranteed as a part of fundamental right to life and liberty under Article 21 of the Constitution. In order to ensure that free legal aid is available to the needy poor, the State should initiate measures to organise para-legal services and legal literacy programmes throughout the country.”

Indian judicial courts are overloaded with a plethora of cases and the decisions of these cases involve lengthy procedures. Lok Adalat is one such tool for providing justice to all quikly and efficiently. It is another alternative to judicial justice. It delivers informal, inexpensive and expeditious justice to poors by resolving disputes even when the cases are pending or have not yet reached courts. The objective is to make access to justice simple, effective and more human.

Lok Adalat

The literal meaning of ‘Lok Adalat’ is people’s court. In strict sense, it is not specifically a court of law but a forum for dispute settlement through voluntary efforts. Provisions relating to Lok Adalat are provided in the Chapter VI of the Legal Service Authorities Act, 1987. But the act does not specifically define the word ‘Lok Adalat’. The Section 2 (1) (d) of the Act vaguely defines it as “a Lok Adalat organised under Chapter VI.” However, it may be defined as “a forum where voluntary effort aimed at bringing about settlement of disputes between the parties is made through conciliatory and pervasive means.” Lok Adalat are known as “People’s festival of Justice” as it is not necessary that settlements are always according to the legal principles.

History of Lok Adalat

To get away with the demerits of court proceeding and to provide cheap and timely justice to all, the Government of India, under the chairmanship of Justice P. N. Bhagwati, set up, in 1980, the “Committee for Implementing Legal Aid Schemes” (CILAS). The committee was to monitor and implement legal aid programmes in all the states and UTs on a uniform basis. A model scheme and programme was made by the CILAS which was applicable throughout the country by which several legal aid and advice boards were set up. The Legal Service Authorities Act, 1987 is the outcome and Lok Adalat was given statutory Recognition under it. The system of Lok Adalat was first introduced in the state of Gujarat.

Significance of Lok Adalat

 

1. 1. It can be used at any time, even in the pending cases.

1. 1. The parties to the dispute can directly interact with the Judge through their counsel which is not permissible in regular courts of law.

1. 1. Presence of advocate is not necessary. The parties to the dispute can also place its case and explain its views directly to the Judge.

1. 1. Settlement to the dispute can be arrived at more expediously as well as less costly.

1. 1. Award by the Lok Adalat is non-appealable, which does not cause the delay in settlement of disputes finally.

1. 1. The award passed by the Lok Adalat shall be final as Lok Adalat will pass the award with the consent of the parties. Therefore, there is no need either to reconsider or review the matter again and again.

1. 1. The Lok Adalat can take cognizance of the case even if one of the parties makes an application to the regular court to settle the dispute through Lok Adalat.

1. 1. The parties to the dispute are required to pay any court fee and if court fee is allowed by paid the amount will be refunded if the dispute is settled at Lok Adalat according to the rules.

1. 1. Lok Adalats are boon to the litigating public that they can get their disputes settled fast and free of cost amicably.

1. 1. The procedural flexibility and timely dispute resolution are the essential components of Lok Adalat. When evaluating Lok Adalat’s claim, procedural laws such as the Evidence Act and the Civil Procedure Code are not strictly followed.

Organization of Lok Adalat

Lok Adalats are judicial bodies set up for facilitating peaceful resolution of disputes between the parties. Lok Adalats have the powers of a Civil Court like summoning, examining, taking evidence etc. The Section 19 of the Legal Service Authorities Act, 1987 deals with the provisions of organization of Lok Adalat.

“19. Organisation of Lok Adalats—

(1) Every State Authority or District Authority or the Supreme Court Legal Services Committee or every High Court Legal Services Committee or, as the case may be, Taluk Legal Services Committee may organize Lok Adalats at such intervals and places and for exercising such jurisdiction and for such areas as it thinks fit.

(2) Every Lok Adalat organised for an area shall consist of such number of—

(a) serving or retired judicial officers; and

(b) other persons, 

of the area as may be specified by the State Authority or the District Authority or the Supreme Court Legal Services Committee or the High Court Legal Services Committee, or as the case may be, the Taluk Legal Services Committee, organising such Lok Adalat. 

(3) The experience and qualifications of other persons referred to in clause (b) of sub-section (2) for Lok Adalats organised by the Supreme Court Legal Services Committee shall be such as may be prescribed by the Central Government in consultation with the Chief Justice of India. 

(4) The experience and qualifications of other persons referred to in clause (b) of sub-section (2) for Lok Adalats other than referred to in sub-section (3) shall be such as may be prescribed by the State Government in consultation with the Chief Justice of the High Court. 

(5) A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of— 

(i) any case pending before; or

(ii) any matter which is falling within the jurisdiction of, and is not brought before, 

any Court for which the Lok Adalat is organised: 

Provided that the Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offence not compoundable under any law.”

According to Rule 13 of the National Legal Services Authority Rules, 1995:

“The experience and qualifications of other persons of the Lok Adalats organised by the Supreme Court Legal Services Committee specified in sub-section(3) of section 19- A person shall not be qualified to be included in the Lok Adalat unless he is-

(a) a member of the legal profession; or

(b) a person of repute who is specially interested in the implementation of the Legal Services Schemes and Programmes; or

(c) an eminent social worker who is engaged in the upliftment of the weaker sections of the people including Scheduled Castes, Scheduled Tribes, women, children, rural and urban labour.”

Jurisdiction

Any case or subject involving an offence that isn’t compoundable under any law is outside the jurisdiction of the Lok Adalat. The Lok Adalat is not permitted to make any decisions, reach a compromise, or resolve a case involving an offence that is punishable under Sections 326, 397, 302, or 307 of the Indian Penal Code, which is an offence that is not compoundable. The Lok Adalat is not empowered to issue direction upon an investigating officer to do a particular thing in a particular manner to file refer report on the basis that the complaint was made on a misunderstanding or mistake of fact.

Types of cases at Lok Adalat

 

1. 1. Compoundable criminal offences

1. 1. Motor accident claims

1. 1. Family disputes

1. 1. Encroachment on forest lands

1. 1. Land acquisition disputes

1. 1. Mutation of land cases

1. 1. Cases which are not sub-judice

Cognizance of cases by Lok Adalats

The Section 20 of the Legal Service Authorities Act, 1987 deals with the cognizance of cases by Lok Adalats. Lok Adalats can take any cognizance of cases where in any case pending before any Court for which it is organized, the parties agree or one of the parties gives an application to the court, for referring the case to the Lok Adalat for settlement and if such court is satisfied that there are chances of such settlement or the Court is satisfied that the matter is an appropriate case of which the Lok Adalat can take cognizance. Further provisions of the section are given below.

“20. Cognizance of cases by Lok Adalats.—(1) Where in any case referred to in clause (i) of sub-section (5) of section 19,—

(i)(a) the parties thereof agree; or

(b) one of the parties thereof makes an application to the Court, 

for referring the case to the Lok Adalat for settlement and if such court is prima facie satisfied that there are chances of such settlement; or

(ii) the court is satisfied that the matter is an appropriate one to be taken cognizance of by the Lok Adalat,

the Court shall refer the case to the Lok Adalat:

Provided that no case shall be referred to the Lok Adalat under sub-clause (b) of clause (i) or clause (ii) by such court except after giving a reasonable opportunity of being heard to the parties.

(2) Notwithstanding anything contained in any cither law for the time being in force, the Authority or Committee organising the Lok Adalat under sub-section (1) of section19 may, on receipt of an application from any one of the parties to any matter referred to in clause (ii) of sub-section (5) of section 19 that such matter needs to be determined by a Lok Adalat, refer such matter to the Lok Adalat, for determination:
Provided that no matter shall be referred to the Lok Adalat except after giving a reasonable opportunity of being heard to the other party.

(3) Where any case is referred to a Lok Adalat under sub-section (1) or where a reference has been made to it under sub-section (2), the Lok Adalat shall proceed to dispose of the case or matter and arrive at a compromise or settlement between the parties.

(4) Every Lok Adalat shall, while determining any reference before it under this Act, act with utmost expedition to arrive at a compromise or settlement between the parties and shall be guided by the principles of justice, equity, fair play and other legal principles.

(5) Where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, the record of the case shall be returned by it to the court, from which the reference has been received under sub-section (1) for disposal in accordance with law.

(6) Where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, in a matter referred to in sub-section (2), that Lok Adalat shall advice the parties to seek remedy in a court.

(7) Where the record of the case if returned under sub-section (5) to the court, such court shall proceed to deal with such case from the stage which was reached before such reference under sub-section (1).”

Award of Lok Adalat

The provisions relating to settlement or award made by the Lok Adalat are provided in the Section 21 of the Act. It is contained in the section that every award of the Lok Adalat shall be deemed to be a decree of a Civil Court. Therefore, it is not necessary that the award be referred to the Court for consent-decree. The section further provides that every award made by the Lok Adalat shall be final and binding on all the parties to the dispute and there shall be no appeal against such award.

“21. Award of Lok Adalat.— (1) Every award of the Lok Adalat shall be deemed to be a decree of a civil court or, as the case may be, an order of any other court and where a compromise or settlement has been arrived at, by a Lok Adalat in a case referred to it under sub-section(1) of section 20, the court-fee paid in such case shall be refunded in the manner provided under the Court-fees Act, 1870 (7 of 1870).

(2) Every award made by a Lok Adalat shall be final and binding on all the parties to the dispute, and no appeal shall lie to any court against the award.”

In Punjab National Bank v. Lakshmichand Rah, AIR 2000 MP 301, it was held by the High Court that “The provisions of the Act shall prevail in the matter of filing an appeal and an appeal would not lie under the provisions of Section 96, C.P.C. Lok Adalat is conducted under an independent enactment and once the award is made by Lok Adalat the right of appeal shall be governed by the provisions of the Legal Services Authorities Act when it has been specifically barred under provisions of Section 21(2), no appeal can be filed against the award under Section 96, C.P.C.” The Court further stated that “It may incidentally be further seen that even the Code of Civil Procedure does not provide for an appeal under Section 96(3) against a consent decree. The Code of Civil Procedure also intends that once a consent decree is passed by Civil Court finality is attached to it. Such finality cannot be permitted.to be destroyed, particularly under the Legal Services Authorities Act, as it would amount to defeat the very aim and object of the Act with which it has been enacted, hence, we hold that the appeal filed is not maintainable”.

Powers of Lok Adalat

Powers of Lok Adalat are stated in the Section 22. They are as same as the powers of a civil court. Lok Adalats have the power to specify their procedure to procedure for determination of disputes before them. Lok Adalat proceedings are given the status of judicial proceedings within the Sections 193, 219 and 228 of the Indian Penal Code.

“22. Powers of Lok Adalat or Permanent Lok Adalat—(1) The Lok Adalat or Permanent Lok
Adalat shall, for the purposes of holding any determination under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely:—

(a) the summoning and enforcing the attendance of any witness and examining him on oath;

(b) the discovery and production of any document;

(c) the reception of evidence on affidavits;

(d) the requisitioning of any public record or document or copy of such record or document from any court or office; and

(e) such other matters as may be prescribed.

(2) Without prejudice to the generality of the powers contained in sub-section (1), every Lok Adalat or Permanent Lok Adalat shall have the requisite powers to specify its own procedure for the determination of any dispute coming before it. 

(3) All proceedings before a Lok Adalat or Permanent Lok Adalat shall be deemed to be judicial proceedings within the meaning of Sections 193, 219 and 228 of the Indian Penal Code (45 of 1860) and every Lok Adalat or Permanent Lok Adalat shall be deemed to be a Civil Court for the purpose of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).”

Conclusion

In order to provide cheap and expedious justice to all the citizens of the country, the concept of Lok Adalat was conceived. Lok Adalat is a successful concept and does not cause delay in the dispute settlement. It has powers similar to those of a civil court. The award of Lok Adalat is final and binding. Award of the Lok Adalat has the status of a decree of a civil court. Lok Adalats are boom to the litigating public that they can get their disputes settled fast and free of cost amicably.

References

 

1. 1. Paranjape, N. V., Law relating to Arbitration and Conciliation in India, 2013, Central Law Agency, Allahabad

1. 1. Ray, Sukumar, Alternative Dispute Resolution, 2012, Eastern Law House Pvt. Ltd., Kolkata

1. 1. Tripathi, S. C., The Arbitration and Conciliation Act, 1996, 2010, Central Law Publications, Allahabad

1. 1. Singh, Avtar, Law of Arbitration and Conciliation, 2013, Eastern Book Company, Lucknow

1. 1. Saharay, Madhusudan, Textbook on Arbitration and Conciliation, Second Ed., Universal Law Publishing Co. Pvt. Ltd., New Delhi

Aishwarya Says:

Law students often face problems, which they cannot share with their friends and families. We have started a column on our website Student’s Corner. In this column we are talking to several law students about the challenges that they face. Students who are interested in participating in the same, can fill this Google Form.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems to aishwarya@aishwaryasandeep.com

Join our  Whatsapp Group for latest Job Opening