Submitted by: Adeeb Arshad (17BALLB-030)

Submitted to : Dr. Ghalib Nashtar

Asst professor department of Law AMU-MC
Assignment work
Subject : Lok Adalat
………………………………………………………………………………………………………

ACKNOWLEDGEMENT

I would like to thank my Professor-in-charge, Dr. Ghalib Nashtar. for guiding me throughout
the course of this assignment. He was there to help me every step of the way, and his motivation
is what helped me complete this assignment successfully. I thank all the teachers who helped
me by providing the equipment that was necessary and vital, without which I would not have
been able to work effectively on this assignment.

…………………………

This paper discusses the dispute resolution mechanism that is known as Lok Adalats. Instituted
under the Legal Services Authorities Act of 1987, Lok Adalats beckon the bright future of alternate
dispute resolutions in India.The institution has attracted sufficient support for its emphasis on
accountability and its litigant-friendly approach. This also draws attention to the need for
decongestion of the justice system so as to make it more accessible as well as conducive to speedy
delivery of justice.

LOK ADALAT : BASIC, SCOPE, FUNCTION AND IMPROVEMENT

INTRODUCTION

Any kind of disagreement or conflict is akin to cancer. The sooner it is resolved, the better for all
individuals concerned as well as society as a whole. If the disagreement is not resolved at the
outset, it will expand at an exponential rate. One disagreement leads to another, therefore it's best
to settle it as soon as possible. Both parties concerned must agree on the mechanism for
achieving this goal. The period of indecision and ambiguity should be as minimal as feasible.

The Constitution of India has defined and declared to "ensure for all the citizens of India, social,
economic and political justice; freedom; equality and fraternity "as a common goal for its citizens.
The eternal value of constitutionalism lies in the rule of law, which has three sides: State by law,
State by law. and the State by Law
Alternative Dispute Resolution (ADR) originated in the United States with the aim of finding
alternatives to the traditional legal system that is seen as adversarial, costly, and difficult.
judgmental, rigid, unduly professional, damaging to relationships, and limited to remedies based
narrowly on rights to creative remedies problem-solving. The American origin of the concept is
not surprising, given certain features of litigation in this system, such as: trial of civil cases by
jury, attorney's fees room, lack of full application of the "losing party must pay the cost" rule.

Need For Alternative Dispute Resolution

In the legal system as it operates in India, all wrongdoing is taken for granted. dispute and
develop a harmonious relationship between the parties to the conflict by resolving the dispute
through arbitration, conciliation, negotiation, etc. The ADR system can never completely
replace the conventional dispute resolution system. For example, the settlement of criminal
disputes can never be done through the ADR mechanism. There is no substitute for judicial
decisions in criminal law. In addition, it is necessary that both sides have a genuine interest in
resolving disputes peacefully.

The Courts of law are confronted with four main problems which are as follows :

1. i) The number of Courts and judges in all grades is alarmingly low.

2. ii) Increase in the number of cases owing to the various State and Central acts
iii) The costs involved in prosecuting or defending a case. The Court fee, the lawyer’s fee and the
incidental charges amounts to quite a large sum.

iv)The process is very cumbersome and time-consuming because of the huge number of already
pending cases.

Kinds Of ADR

A wide range of dispute prevention and resolution procedures exist in India that allow the
participants to develop a fair, cost-effective, and private forum to resolve disputes. All ADR
mechanisms available in the country can be broadly discussed at two levels:
1) Those which are applicable throughout the country &

2) Those which are available at the state / UT level to deal with specific problems arising under
their jurisdiction.
The following are models for ADR as prototypes for use in dispute- redressal exist on national
level:

• Tribunals, commissions, boards, etc.

• Lok Adalats
• Nyaya Panchayats
• Arbitration
• Conciliation
• Ombudsman
• Fast Track Courts

TRIBUNALS:
Article 323-B was added to the Constitution to authorize the legislature to establish tribunal,
commissions, district boards, etc., for the adjudication or trial of any disputes, complaints or
offenses with respect to any matters.

LOK ADALATS:
Lok Adalat or the People’s Courts, decide the dispute with utmost expedition to arrive at a
compromise or settlement on the basis of principles of justice, equity, fair play and other legal
principles. When the Lok Adalat is not able to arrive at a compromise or settlement, the record of
the case is returned to the Court, which initially referred the case to the Lok Adalats. The Lok
Adalat is presided over by a sitting or retired judicial officer as the chairman, with two other
members, usually a lawyer and a social worker.

NYAY PANCHAYATS
In villages, the administration is carried out by a Panchayat headed by village headman that decides
petty civil, criminal and revenue cases. The respectable members of the village community form
the Panchayat, where for those who prefer it, disputes are resolved by a process of conciliation and
mediation.

ARBITRATION
Settlement of disputes by arbitration has been practiced in India from the distant past and the legal
literature tells us of the ancient system of arbitration for resolving disputes concerning the family,
or the trade or a social group. The Constitution of India also mandates it as a Directive Principle
of State Policy that the State should encourage settlement of international disputes by arbitration.

CONCILIATION
There is not a lot of difference between mediation and conciliation. Mediation is one of the
methods by which conciliation is achieved. Conciliation is essentially a consensual process.Under
Part III of the Arbitration and Conciliation Act, 1996, Section 61 to 81 provides for method of
conciliation of disputes arising out of legal relationship, whether contractual or not.

OMBUDSMAN
In certain informal disputes, a third party ombudsperson is appointed by the organisation to
investigate complaints within the institution and prevent disputes or facilitate their resolution. The
Ombudsperson may use various ADR mechanisms in the process of resolving disputes.
The Swedish legislature first created the position of ombudsperson in the early 1800s; the literal
translation of ombudsperson is “an investigator of citizen complaints.” This official was
considered to be a person of “known legal ability and outstanding integrity” and was chosen by
the Swedish parliament to serve a four-year term.

FAST TRACK COURTS

The Eleventh Finance Commission recommended a scheme for creation of 1734 Fast Track Courts
(FTCs) in the country for speedy disposal of the pending cases. The Ministry of Finance sanctioned
an amount of Rs. 502.90 crores as “special problem and upgradation grant” for judicial
administration. The scheme was for a period of 5 years. The Finance Commission Division (FCD),
Ministry of Finance released funds directly to the State Governments under the scheme of Fast
Track Courts. It is the primary responsibility of the State Governments to establish these Courts in
consultation with the concerned High Courts.

A total of 1,734 such Courts are expected to be set-up by the Government of India under this
wholly centrally-funded scheme. Fast track Courts are meant to expeditiously clear the colossal
scale of pendency in the district and subordinate Courts under a time-bound programme.

ORIGIN OF LOK ADALATS

The concept of Lok Adalats originated in India during the British Rule to curb the voice of the
people. Now, however this concept has been rejuvenated. It has become very popular amongst
litigants. Studies have showed that it is one of the most efficient and important ADR mechanisms
and most suited to the Indian environment, culture and societal interests. Camps of Lok Adalats
were initially established in Gujarat in March 1982 and now have been extended throughout the
country.
The Lok Adalat originated owing to the failure of the Indian legal system to provide fast, effective,
and affordable justice. The evolution of this movement was a part of the strategy to relieve the
heavy burden on the Courts with cases pending disposal.

Lok Adalats are a blend of all three forms of traditional ADR: arbitration, mediation, and
conciliation. They use conciliation, with elements of arbitration given that decisions are typically
binding, and are an illustration of legal decentralization as conflicts are returned to communities
from whence they originated for local settlement.

CONSTITUTIONAL DIRECTIVES AND LEGISLATION

The introduction of the Legal Services Authorities Act granted the legal status to Lok Adalats
under the constitutional mandate of Section 39A of the Constitution of India. The Legal Service
Agencies Act was enacted to establish legal service agencies to provide free and competent legal
services to the weaker sections of society and organizations Lok Adalats to ensure that the
functioning of the legal system promotes justice on the basis of equality of opportunity. Dispute
resolution by the Panchayats or tribal chiefs has been popular since ancient times. When
statutory recognition is conferred on Lok Adalat, the specific condition is that the award given by
Lok Adalat shall come into force from a court decree that is enforceable as a civil court decree. .

The Law was a legislative attempt to abolish the courts and ensure the separation of powers of
the judiciary.

Since 1985, Lok Adalats has been organized exclusively for the settlement of auto third party
claims, on the initiative of the former Chief Justice of India, Shri. PN Bhagwati. This effort has
received a positive response, as both the plaintiff as well as the insurance company can benefit
from it. More and more cases are being brought before the Motor Accidents Claims Court
(MACT) and the backlog of pending cases has caused insurers and the justice system to think
about a better system. systems that focus on rapid elimination, such as the Lok
Adalats/Conciliatory forum. Lok Adalat has become a dispute management organization. It is an
informal dispute resolution system, without the procedural clutter of a regular trial. Since the
Legal Services Authority (Amendment) Act 199, the Lok Adalat settlement is no longer a
voluntary concept. Under this law, Lok Adalat has a statutory and legally recognized character.
Here are some salient features of the law:

Section 19– Central, State, District and Taluk Legal Services Authority has beencreatedwho are
responsible for organizing Lok Adalats at such intervals and place.
Conciliators for Lok Adalat comprise the following: -A sitting or retired judicial officer. other
persons of repute as may be prescribed by the State Government in consultation with the Chief
Justice of High Court.
Section 20: Cases can be referred for consideration of Lok Adalat as under:-
By consent of both the parties to the disputes;
One of the parties makes an application for reference;
Where the Court is satisfied that the matter is an appropriate one to be taken cognizance of by the
Lok Adalat;
Compromise settlement shall be guided by the principles of justice, equity, fair play and other
legal principles;
Where no compromise has been arrived at through conciliation, the matter shall be returned to
the concerned court for disposal in accordance with Law.
ORGANISATION AND STRUCTURE OF LOK ADALATS

Lok Adalats may be organized at such intervals and places and for exercising such jurisdiction and
for such areas as State Authority or District Authority or the Supreme Court Legal Services
Committee or every High Court Legal Services Committee or, as the case may require.

COMPOSITION:
Every Lok Adalat constituted for an area shall consist of such number of serving or retired judicial
officers; and any other person.

LEVEL OF ORGANIZATION

Lok Adalats are better known as the people’s courts, therefore they need to be available to people
on every level of governance. The Legal Services Authority Act, 1987 (Hereafter “the Act”)
prescribes for several levels wherein Lok Adalats can be organized, ranging from the lowest courts
to the apex court which can take cognizance and organize Lok Adalats for effective and speedy
justic. The persons residing over these Adalats include serving or retired judicial officials as well
as other persons as prescribed by the authority conducting the Lok Adalats in the given area.

JURISDICTION:
Lok Adalat has the jurisdiction to determine and to arrive at a compromise or settlement between
the parties to a dispute in respect of any case pending before; or any matter which is falling within
the jurisdiction of, and is not brought before, any court for which the Lok Adalat is organized.
(a)Any case pending before any court

(b)Any case not brought before any court.

Permanent Lok Adalat

In 2002, Parliament brought about certain amendments to the Legal Services Authorities Act,
1987. The said amendment introduced Chapter VI-A. According to the amendment, the Central or
State Authorities may establish by notification, Permanent Lok Adalats for determining issues in
connection to Public Utility Services.

Public Utility Services include:

• Transport service,
 • Postal, telegraph or telephone services,
• Supply of power, light and water to public,
(4) System of public conservancy or sanitation,

(5) Insurance services and such other services as notified by the Central or State Governments.

PERMANENT LOK ADALAT’s have the same powers that are vested on the Lok-Adalats,
mentioned under Section 22(1) of the Act.

PROCEDURE FOLLOWED IN A LOK ADALAT

The Lok Adalat is usually presided over by a sitting or retired judicial official as the chairman with
two other members, a lawyer and a social worker. It has been observed through experience that
cases involving monetary disputes are easily settled through Lok Adalats. Therefore, most motor
road accident disputes are brought to Lok Adalats. The primary condition of the Lok Adalat is that
both parties in dispute should consent to the settlement. It is necessary that the parties involved in
the dispute are whole-heartedly involved in the justice dispensing system and do abide by the
decision given by the Lok Adalat.

There is no court fee. If the case is already filed in the regular court, the fee paid will be refunded
if the dispute is settled at the Lok Adalat. The procedural laws and the Evidence Act are not strictly
followed while assessing the merits of the claim presented to the Lok Adalat. The decision of the
court is binding on the parties to the dispute and its order is capable of execution through legal
process. No appeal lies against the decision of the court.
Lok Adalat is very effective in the settlement of money claims. Disputes like partition suits,
damages and matrimonial cases can also be easily settled before Lok Adalat as the scope for
compromise through an approach of give and take is high in these cases. Lok Adalat is indeed a
boon to the litigant public, where they can get their disputes settled fast and free of cost.

CASES SUITED FOR LOK ADALAT

Lok Adalats have the competence to deal with the following case:
• Compoundable civil, revenue and criminal cases.
• Motor accident cases
• Partition Claims
• Matrimonial and family disputes
• Bonded Labour disputes
• Land acquisition disputes
• Bank’s unpaid loan cases
• Arrears of retirement benefits cases
 • Cases which are not under the jurisdiction of any Court.

POWERS OF THE LOK ADALATS

The Powers bestowed on Lok Adalats are as follows:

1. i) It has the power of the Civil Court, under the Code of Civil Procedure, 1908, while
trying a suit, in respect of the following matters:-
2. Power to summon and enforce the attendance of any witness and to examine him/her on
oath. b) Power to enforce the discovery and production of any document.
3. c) Power to receive evidence on affidavits,
4. d) Power for requisitioning of any public record or document or copy thereof or from any
court.
5. e) Such other matters as may be prescribed.
6. ii) Every Lok Adalat shall have the power to specify its own procedure for the
determination of any dispute coming before it.
iii) All proceedings before a Lok Adalat shall be deemed to be judicial proceedings within the
meaning of Sections 193, 219 and 228 of IPC.
1. iv) Every Lok Adalat shall be deemed to be a Civil Court for the purpose of Sec 195 and
Chapter XXVI of Cr.P.C.

FINALITY OF THE LOK ADALAT AWARD

During the Lok Adalat, the parties agree to abide by the decision of the judge at the Lok Adalat.
However, it has been seen that the same order is challenged on several grounds. In one of the recent
cases, the Supreme Court of India has once again laid to rest all such doubts. In unequivocal terms,
the Court held that the award of the Lok Adalat is as good as the decree of the Court. The award
passed by the Lok Adalat is the decision of the Court itself though arrived at by the simpler method
of conciliation instead of the process of arguments in court.

CONSENT OF PARTIES

The most important factor to consider when deciding to do business in Lok Adalat is the consent
of both parties. No party can be imposed on the matter to be decided by Lok Adalat. However,
once the parties agree that the matter will be decided by Lok Adalat, neither party can contradict
Lok Adalat's decision. In a number of cases, the Supreme Court has ruled that without consent,
the Lok Adalat judgment will not be enforceable and also if the parties do not agree to resolve
the dispute through Lok Adalat. , the proceedings remain open to the disputing parties. .
The Supreme Court has also ruled that compromise is always bilateral and meant to regulate
each other. Settlement is the end of legal proceedings by the consent of both parties. If no
compromise is found, Lok Adalat cannot place the order.

Areas for Improvement within Lok Adalats

Some areas of improvement whereby the functioning of Lok Adalats can be improved are as
follows:

Enforceability lies with Civil Court

The awards passed by the Lok Adalats are deemed equivalent to decrees of the civil court.
Although, the enforcement of these decrees cannot be carried out by the Lok Adalats. This function
rests with the civil courts, therefore the parties need to apply for enforcement to execute the award.
It is the author’s recommendation that this power to enforce needs to be provided to the Lok
Adalats itself to ensure that the decisions passed are executed to their finality.

Lack of Criminal Jurisdiction

The jurisdiction of Lok Adalats with respect to criminal disputes is limited to offences which are
compoundable under law. This removes crimes such as that of petty theft other small crimes from
the purview of Lok Adalats. Hence, this should be reviewed to bring petty crimes within the
purview of Lok Adalats.

LOK ADALAT AND ACCESS TO JUSTICE : A SYMPHONIC INTERPLAY

What is "access to justice"?

The term “access to justice” can be understood as “the right to ensure that everyone can rely on
judicial procedures for resolution, regardless of their social or economic capacity” and “
everyone is treated fairly and equally within the justice system.” Essentially, everyone's access to
judicial forums to present cases can be described as an opportunity . There is an important
difference between “accessing” justice and accessing “justice”; the first sentence refers to
whether an opportunity for settlement is provided to the defendant. damages or not, while the
second sentence deals with whether justice has been served, these two aspects have been
analyzed in this article.

Lok Adalats' role in “accessing” justice

Since its founding in 1982, Lok Adalats has played an important role in enabling the poor to
“access” justice in the country. us, where there are more than 3.3 million hardship cases (2018
figures) pending to date. The operation of these Lok Adalats were responsible for solving more
than 50,00,000 cases in 2017 alone, thus forming a major means of reducing judicial workload.
The average number of cases resolved by Lok Adalats is up to 4000 cases per day, so their
existence is certainly important in solving the backlog that has existed in recent times. .

A key feature of Lok Adalats is dispute resolution without charge which is also a strong
incentive for poor people to approach Lok Adalats to resolve their disputes. Unlike filing a
lawsuit as outrage under Ordinance 33 of the Civil Procedure Code 1908, this alternative dispute
resolution mechanism is a much friendlier way for the poor to access dispute resolution
mechanisms. legal compliance. Therefore, it can be said that Lok Adalats has passed the test of
"access" to justice for the poor.

Lok Adalats' Role in Accessing "Justice"

The mere right to access to a redress mechanism cannot, according to the author, be considered
sufficient justice. The financial circumstances of the disputing parties, their circumstances, the
proceedings in the adjudication process, and the effect on the adjudication process must also be
considered in order to understand whether they have been given the appropriate opportunity to
"justice" or not.

Parties often move to Lok Adalats because they cannot afford to continue testing. There is a
compromise by necessity rather than by will. This could be related to problems in our legal
system and is therefore unlikely to be considered a fair opportunity. Therefore, it is quite difficult
to say that Lok Adalats has passed the test of access to “justice” for the poor.
CONCLUSION

The special conditions prevailing in the Indian society require a highly sensitized legal service
which is efficacious for the poor and the downtrodden. The Lok Adalat mechanism is no more an
experiment in the country, it is in fact, a fullproven success that needs to increase its domain and
bring under its realm the several aspects that have been excluded till date.

Lok Adalats can be viewed as an instrument to social change as well. As said by Prof.Menon,”Lok
Adalat has the potential for social reconstruction and legal mobilization for social change. It can
influence the style of administration of justice and the role of the lawyer and judge in it. It can
bring the law closer to people's lives and bridge the gap between the law on the books and the law
in practice.

The demand for Lok Adalats is due to India's huge population, which places an unmanageable
burden on the justice system.To increase the effectiveness of the Lok Adalats system, it is
important that the public, attorneys, law enforcement and judiciary work in harmony and
coordination. Everyone should be aware of the benefits of Lok Adalats.

The main challenge impeding the success of the judiciary is public participation. In the current
situation, resorting to Lok Adalats has helped the disputes to be resolved amicably. The success of
Lok Adalats should really be measured by the general atmosphere created in the country, not by
the number and nature of Lok Adalats organized, cases settled or the amount of compensation
awarded. handed out.

Reference

• http://kelsa.nic.in/lokadalat
• Legal service authority act 1987
• http://legal-dictonary.thefreedictionary.com/ombudsman
• https://labour.gov.in/lok-adalat