This article was authored by Ms Sejal Dhakad, an Indian Institute of Management Rohtak first-year BBA LLB student.
What is Lok Adalat?
Lok Adalats are held by NALSA and other Legal Services Institutions. One of the alternative dispute resolution (ADR) processes is Lok Adalat, a forum for the amicable resolution of legal issues and cases that are pending in court or in the preliminary stages of litigation. The Legal Services Authorities Act 1987 conferred legal status for Lok Adalats. According to the aforementioned Act, the award (judgement) given by the Lok Adalats is deemed to be a decree of a civil court, is final and enforceable against all parties, and no legal recourse against such an award exists. Although there is no mechanism for an appeal against a Lok Adalat award, the parties are allowed to commence litigation by going to the court with the relevant jurisdiction, filing a complaint, and completing the necessary steps, as long as they are exercising their right to sue. When a matter is filed before a Lok Adalat, there is no court fee due. The court money initially paid in the court on the complaints/petition is also reimbursed to the parties if a case that is currently before the legal system is referred to the Lok Adalat and resolved later. When a matter is filed before a Lok Adalat, there is no court fee due.
The court money initially paid in the court on the complaints/petition is also reimbursed to the parties if a case that is currently before the legal system is referred to the Lok Adalat and resolved later. The people who decide cases in Lok Adalats are known as Members of the Lok Adalats; they are only permitted to act as statutory conciliators and do not have any judicial authority; as a result, they can only persuade the parties to reach an agreement for settling the dispute outside of court in the Lok Adalat and are not permitted to direct or indirect pressure any party to compromise or settle cases or matters. The Lok Adalat will not decide the issue that has been raised at its own initiative; rather, the subject will be resolved based on an agreement or compromise reached by the parties. The participants must support the parties in their efforts to settle their issues amicably and in a neutral and impartial manner.
Different levels of Lok Adalat
- At the State Authority Level – A sitting or retired judge of the High Court, a sitting or retired judicial officer, and either one or both of the following: a member of the legal profession; a social worker interested in putting legal services programmes or schemes into action. These benches would make up the Lok Adalat, which would be organized by the Member Secretary of the State Legal Services Authority.
- At the High Court level – Supreme Court Legal Services Committee would serve as established benches of the Lok Adalat, each bench consisting of a High Court judge who is either currently serving on the bench or has retired, as well as one or both of the following: a member of the legal profession; a social worker interested in putting legal services programmes or schemes into action.
- At the District level – Each bench of the Lok Adalat would be composed of a sitting or retired judge, a member of the legal profession, and a social worker Interested in putting legal services programmes or strategies into effect. Involved in paralegal activities in the area, preferably a woman. The District Legal Services Authority’s Secretary creates the benches.
- At the taluka level – A social worker involved in the uplift of the weaker sections which are Interested in implementing legal services programmes or schemes, or someone who activities in the area, preferably women, would make up each bench of the Lok Adalat, which would be created by the secretary of the Taluk Legal Services Committee which is organizing the Lok Adalat.
National Lok Adalat
In a single day, Lok Adalats are held in every court in the nation, from the Supreme Court down to the Taluk Levels, during National Level Lok Adalats, which are held on a regular basis and where many issues are resolved. Nationwide Lok Adalats on a particular topic is held every month as of February 2015.
Permanent Lok Adalat
The Permanent Lok Adalat, established in accordance with Section 22-B of The Legal Services Authority Act, 1987, is the alternative type of Lok Adalat. In order to provide a mandatory pre-litigation framework for the conciliation and settlement of matters connected to Public Utility Services like transportation, postal service, telegraph, etc., Permanent Lok Adalats have been established, Having a chairman and two members as permanent organizations. In this case, even if the parties are unable to come to an agreement, the Permanent Lok Adalat will have jurisdiction to resolve the conflict as long as it is unrelated to a criminal offence. The Permanent Lok Adalat’s decision is also final and enforceable against all parties. The Permanent Lok Adalats have authority over amounts up to Rs. ten lakhs. In this scenario, the Permanent Lok Adalat has the authority to decide the case if the parties are unable to reach an understanding. The Permanent Lok Adalat’s decision is final and enforceable against the parties. The Lok Adalat is free to conduct the proceedings as it sees fit, taking into account the specifics of the case, the parties’ desires (such as those for oral statements, a prompt resolution of disputes, etc.), and other relevant factors.
As we all In the 21st century level of technology boomed up. So mobile Lok Adalats are also organized to facilitate the resolution of conflicts through this system in various regions of the nation that go from one spot to another to resolve disagreements. Since the country’s founding, more than 15.14 lakh Lok Adalats have been held as of 30.09.2015. By using this approach, more than 8.25 crore cases have already been resolved.
Powers of Lok Adalat
Section 22: [Permanent Lok Adalat or Lok Adalat’s] powers.
22. (1) The Lok Adalat or Permanent Lok Adalat must, for the purposes of making any resolution under this Act, have the same powers granted to a Civil Court by the Code of Civil Procedure, 1908 (5 of 1908) when conducting a dispute involving the following topics, 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.
Without prejudice to the generality of the powers contained in sub-section (1), every 1[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 1[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 1[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).
References
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