Assignment

on
Lok Adalat: ADR Mechanism in India
Submitted in Partial Fulfillment of Requirement for the Internal Assessment of
Subject of Alternative Dispute Resolution (ADR)

Under the Supervision of

Ms. Sayantani Gupta
(Assistant Professor)
Department of Juridical Science
JIS University, Kolkata
Submitted by
Name – Prabhat Kumar
LL. B Semester – 4th
Subject – Alternative Dispute Resolution (Arbitration, Mediation,
Conciliation)
Subject Code- XLB 4005
Roll no: 22JS021032
JISU Id: JISU/2022/1348
Session – 2022-2025

Department of Juridical Science

JIS University, Kolkata
2024
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Preface
In presenting this assignment on Lok Adalats, I am thrilled to delve into an aspect of India's
legal system that embodies the essence of justice, accessibility, and community participation.
Lok Adalats, or people's courts, stand as a beacon of alternative dispute resolution
mechanisms, offering a platform for resolving disputes outside the formal judicial
framework.

As a cornerstone of India's legal landscape, Lok Adalats hold immense significance in

providing swift and efficient justice to the masses. Through this assignment, I aim to shed
light on the origins, functioning, and impact of Lok Adalats, elucidating their role in
promoting fairness, expediency, and harmony in society.

The journey of exploring Lok Adalats has been both enlightening and enriching. It has
provided me with valuable insights into the intricacies of alternative dispute resolution
mechanisms and the broader goals of our legal system. Through meticulous research and
analysis, I have endeavored to present a comprehensive overview of Lok Adalats,
encompassing their evolution, procedural aspects, legal framework, and effectiveness in
addressing diverse disputes.
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Acknowledgement
First of all, I would like to thank my teacher Ma’am Sayantani Gupta for giving us the
opportunity to explore ourselves and make a project on the topic of “Lok Adalat: ADR
Mechanism in India”. Secondly, I would like to thank my parents for providing me with the
necessaries supplies to make this project a good success. At last, I would like to thank
almighty for giving me the ability to do my work properly. The success and final outcome of
this assignment required a lot of guidance and assistance from many people and I am
extremely fortunate to have got this all along the completion of my assignment. I extend my
gratitude to all the scholars, legal experts, and practitioners whose works have served as a
guiding light in shaping this assignment. Their contributions have been instrumental in
deepening my understanding and appreciation of Lok Adalats as a vital component of our
justice delivery system.
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Table of Abbreviations
ADR Alternative Dispute Resolution
AIR All India Reporter
Anr Another
CPC Code of Civil Procedure 1908
CRPC Code of Criminal Procedure 1973
DLSA District Legal Service Authority
IPC Indian Penal Code 1860
Ltd Limited
LSA Legal Services Authorities
NALSA National Legal Services Authorities
Pvt Private
SCC Supreme Court Cases
SLSA State Legal Services Authorities
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List of Cases
 Murlidhar Aggarwal vs. State of Haryana (2010)
 S.S. Bola Vs. B.D. Sardana, AIR 1997 SC. 3127
 Sukanya Holdings Pvt. Ltd. vs. Jayesh H. Pandya &Anr (2003) 5 SCC 531
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Table of Content
Serial Topics Page No.
No.
1 Introduction 7
2 Scope & Objective of Lok Adalats 8
3 Organisation and Jurisdiction of Lok Adalats 10
4 Powers of Lok Adalats 11
5 Types of Lok Adalats 12
6 Limitations and Challenges 13
7 Suggestion & Conclusion 14
8 Bibliography 15
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Introduction
The concept of Lok Adalat is an innovative Indian contribution to the world jurisprudence.
The introduction of Lok Adalats added a new chapter to the justice dispensation system of
this country and succeeded in providing a supplementary forum to the victims for satisfactory
settlement of their disputes. This system is based on Gandhian principles. It is one of the
components of ADR systems. In ancient times the disputes were used to be referred to
“panchayat” which were established at village level. Panchayat’s used to resolve the dispute
through arbitration. It has proved to be a very effective alternative to litigation. This very
concept of settlement of dispute through mediation, negotiation or through arbitral process
known as decision of "Nyaya-Panchayat" is conceptualized and institutionalized in the
philosophy of Lok Adalat. It involves people who are directly or indirectly affected by
dispute resolution.

Meaning

Lok Adalat, a term derived from Hindi, translates to "People's Court" in English. It is a form
of alternative dispute resolution (ADR) mechanism in the Indian legal system. Lok Adalats
are aimed at providing a forum for resolving disputes outside the formal judicial process.

Origin

The idea of resolving disputes through community participation and mediation has deeper
roots in India's traditional legal practices. Historically, indigenous methods of dispute
resolution such as Panchayats (village councils) and community of elders have been prevalent
in rural areas, where people often preferred resolving conflicts through consensus and mutual
understanding rather than resorting to formal litigation.

The formal institutionalization of Lok Adalats can be attributed to the need for an alternative
mechanism to alleviate the burden on the traditional judicial system, which was inundated
with a backlog of cases and faced challenges in delivering timely justice. Lok Adalats were
envisioned as decentralized forums where disputes could be settled swiftly, cost-effectively,
and with the active involvement of the parties concerned.

The first Lok Adalat was organized in Gujarat in 1982 on an experimental basis, which
yielded encouraging results and paved the way for its wider adoption across the country.
Subsequently, the LSA Act, 1987 provided the statutory framework for the establishment and
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functioning of Lok Adalats at various levels, including the national, state, district, and taluk
levels.

Scope & Objective of Lok Adalats

Cases Suitable for Lok Adalats

The Lok Adalat deals with the matters which are both civil and criminal in nature and they
specifically do not require procedural laws of the country to play in the resolution of the
matter. The list of case matters that the Lok Adalat has competence to deal with are as
follows:

 Compoundable civil, criminal and revenue cases

 Cases which are not sub-judice
 Family court cases
 Arrears of retirement benefit cases
 Bank's unpaid loan cases
 Land acquisition cases
 Bonded labour cases
 Land Pattas cases
 Mutation of land cases
 Matrimonial and family disputes
 Damages cases
 Partition cases
 Motor accidents compensation claim cases

As we can observe from the list of cases, all these types cases are highly individual or
personal in nature. The issue as well as the judgement of these cases will not affect the
society at large and hence there is no need to follow the lengthy procedural laws and spent a
lot of time as well as resources (money) required in the process of litigation in the regular
court.
These cases in their nature are not very technical and are mostly based on facts, hence it is
less time consuming for Lok Adalat to pass the judgement as soon as the Adalat figures out
the truth.

Object of Lok Adalats

The objectives of Lok Adalats, or People's Courts, in India are multifaceted and serve several
important purposes within the legal system. Some of the key objectives include:
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1. Promoting Access to Justice: Lok Adalats aim to provide accessible and affordable
justice to all sections of society, especially to those who are economically
disadvantaged or marginalized. By offering an informal and expeditious dispute
resolution mechanism, they ensure that justice is not only available but also easily
attainable for the common people.

2. Speedy Resolution of Disputes: One of the primary goals of Lok Adalats is to

expedite the resolution of disputes. By adopting a conciliatory approach and
encouraging negotiation and compromise between parties, Lok Adalats help in swiftly
settling cases, thereby reducing the backlog of pending cases in formal courts.

3. Encouraging Amicable Settlements: Lok Adalats promote amicable settlements and

reconciliation between conflicting parties. By fostering an environment of mutual
understanding and compromise, they seek to restore harmony and relationships that
may have been strained by legal conflicts.

4. Minimizing Legal Costs and Delays: Participation in Lok Adalats is cost-effective as

there are no court fees involved, and the proceedings are conducted informally.
Moreover, the emphasis on resolving disputes expeditiously helps in minimizing the
time and resources expended by litigants in prolonged legal battles.

5. Relieving the Burden on Formal Court System: By diverting cases to Lok Adalats, the
burden on the formal judicial system is alleviated. This enables regular courts to focus
on more complex and time-consuming matters, thereby enhancing their efficiency and
effectiveness in delivering justice.

6. Preserving Privacy and Confidentiality: Lok Adalats provide a confidential and non-
adversarial forum for resolving disputes, where parties can freely express their
grievances and concerns without fear of formal legal repercussions. This
confidentiality helps in maintaining the privacy of individuals involved in sensitive
matters.

7. Promoting Legal Awareness and Education: Lok Adalats contribute to legal

awareness and education by sensitizing people about their rights, duties, and
responsibilities under the law. Through their participatory approach, they empower
individuals to understand and engage with the legal system more effectively.
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In the case of S. S. Bola vs. B. D. Sardana (1997), the Supreme Court highlighted the
importance of Lok Adalats in resolving disputes amicably and reducing the burden on the
regular court system. The judgment emphasized the need for promoting alternative dispute
resolution mechanisms.

Murlidhar Aggarwal vs. State of Haryana (2010), the Supreme Court in this case emphasized
the need for creating awareness about Lok Adalats and encouraging parties to participate
voluntarily in the resolution of disputes through alternative mechanisms.

Organisation and Jurisdiction of Lok Adalats

Organisation - The State/ District Legal Service Authority or the Supreme Court/High
Court/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.Every Lok Adalat
organized for an area shall consist of such number of serving or retired judicial officers and
other persons of the area as may be specified by the agency organizing.Generally, a Lok
Adalat consists of a judicial officer as the chairman and a lawyer (advocate) and a social
worker as members.

National Legal Services Authority (NALSA) along with other Legal Services Institutions
conducts Lok Adalats. NALSA was constituted under the Legal Services Authorities Act,
1987 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.

The Legal Services Authorities Act, 1987 was amended in 2002 to provide for the
establishment of the Permanent Lok Adalats to deal with cases pertaining to the public utility
services.

Jurisdiction - 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:

1. Any case pending before any court, or

2. Any matter which falls within the jurisdiction of any court and is not brought before
such court.

Any case pending before the court can be referred to the Lok Adalat for settlement if:
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 Parties agree to settle the dispute in the Lok Adalat or one of the parties applies for
referral of the case to the Lok Adalat or court is satisfied that the matter can be
solved by a Lok Adalat.
 In the case of a pre-litigation dispute, the matter can be referred to the Lok Adalat on
receipt of an application from any one of the parties to the dispute.

Matters such as matrimonial/family disputes, criminal (compoundable offenses) cases, land

acquisition cases, labor disputes, workmen’s compensation cases, bank recovery cases,
etc. are being taken up in Lok Adalats.

Lok Adalats have jurisdiction to settle and decide various types of disputes, including civil,
criminal, and compoundable cases. They can adjudicate matters referred to them by the
courts, as well as cases presented before them directly by the parties involved. However, the
Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an
offense not compoundable under any law.

Powers of Lok Adalats

The Lok Adalat shall have the same powers as are vested in a Civil Court under the Code of
Civil Procedure (1908). Further, a Lok Adalat shall have the requisite powers to specify its
own procedure for the determination of any dispute coming before it. All proceedings before
a Lok Adalat shall be deemed to be judicial proceedings within the meaning of the Indian
Penal Code (1860) and every Lok Adalat shall be deemed to be a Civil Court for the purpose
of the Code of Criminal Procedure (1973).

One of the primary powers of Lok Adalats is to facilitate the settlement and compromise of
disputes through mediation, negotiation, and conciliation. They have the authority to assist
parties in arriving at mutually acceptable solutions that address their grievances and interests.
Decisions made by Lok Adalats, known as 'awards', hold the same legal validity and
enforceability as decrees passed by regular courts. Once an award is made by a Lok Adalat
and accepted by the parties involved, it becomes final and binding on them. In Sukanya
Holdings Pvt. Ltd. vs. Jayesh H. Pandya (2003) the Supreme Court emphasized the binding
nature of the awards passed by Lok Adalats. The judgment clarified that the decision of a Lok
Adalat is final and binding on all parties.
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 Summoning of Witnesses and Evidence: Lok Adalats have the power to summon
witnesses and require the production of evidence relevant to the dispute under
consideration. This facilitates a thorough examination of the facts and circumstances
surrounding the case, aiding in the resolution process.
 Enforcement of Awards: Once an award is passed by a Lok Adalat and accepted by
the parties, it becomes enforceable as a decree of a civil court. This means that the
award can be executed in the same manner as a decree passed by a regular court,
ensuring compliance with the terms of the settlement.
 Adjudication of Pending Cases: Lok Adalats can adjudicate pending cases that are
referred to them by courts at any stage of the proceedings. This includes cases that
have not yet been filed before a court, as well as those that are already pending before
the courts.
 Costs and Expenses: One of the most significant advantages of Lok Adalats is that
they do not charge court fees or other litigation expenses. This eliminates a significant
financial barrier for many litigants, making justice more accessible. Lok Adalats have
the power to determine and apportion costs and expenses incurred in the resolution
process among the parties involved. This helps in ensuring fairness and equity in the
distribution of financial burdens associated with the dispute resolution process.

Types of Lok Adalats

Lok Adalats can be categorized into three main types, each with a specific jurisdiction
and scope:

1. Permanent Lok Adalats: Permanent Lok Adalats are established under the Legal
Services Authorities Act, 1987, and have a fixed jurisdiction. They primarily deal
with cases related to public utility services, such as water supply, electricity, and
telecommunication.

2. National Lok Adalats: National Lok Adalats are organized periodically, often at the
national, state, or district level, and aim to dispose of a large number of pending and
pre-litigation cases in a single day. These mega-adalats have proven to be highly
effective in reducing case pendency.

3. Mobile Lok Adalats: Mobile Lok Adalats are set up in various locations, including
rural areas and remote regions, to provide access to justice for marginalized and
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underserved communities. They offer a convenient platform for resolving disputes

locally.

Limitations and Challenges

While Lok Adalats have proven to be a valuable addition to the Indian legal system,
they also face certain limitations and challenges:

1. Limited Jurisdiction: Lok Adalats can only handle cases where both parties agree to
participate voluntarily. In Narmada Bai vs. State of Gujarat (2011) the Supreme Court
reiterated the significance of Lok Adalats in providing speedy and effective justice.
The judgment emphasized the need for encouraging parties to opt for Lok Adalats to
resolve disputes. This limitation excludes certain types of cases, particularly those
involving complex legal issues or unwilling parties.

2. Lack of Enforcement: While Lok Adalat decisions are legally binding, enforcement
can be a challenge, especially if one of the parties fails to comply with the settlement
terms. This may necessitate further court intervention.

3. Inadequate Public Awareness: Many individuals, especially in rural areas, remain

unaware of the existence and benefits of Lok Adalats. Greater efforts are needed to
educate the public about this alternative dispute resolution mechanism.

4. Need for Skilled Mediators: The effectiveness of Lok Adalats depends on the skills
and training of the mediators and conciliators involved. Continuous training and
professional development are essential to maintain high standards.

5. Resource Constraints: Lok Adalats often face resource constraints, including the
availability of trained personnel, infrastructure, and funding. Adequate resources are
necessary to ensure their continued success.
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Suggestion & Conclusion

In conclusion, the project on Lok Adalats has provided a comprehensive understanding of

the significance, functioning, and impact of these decentralized forums of justice within
the Indian legal system. Through meticulous research and analysis, we have explored
various facets of Lok Adalats, elucidating their origins, objectives, powers, and
contributions to the realm of dispute resolution.

Lok Adalats, stemming from the ethos of accessibility, fairness, and community
participation, serve as vital instruments in promoting access to justice for all members of
society, especially the marginalized and underprivileged. By providing an informal and
expeditious platform for resolving disputes, they alleviate the burden on the formal court
system, reduce backlog, and foster a culture of conciliation and cooperation.

The objectives of Lok Adalats, ranging from promoting amicable settlements to

minimizing legal costs and delays, underscore their role as facilitators of efficient and
equitable dispute resolution. Their powers, including jurisdiction, settlement authority,
and enforcement mechanisms, empower them to effectively address a wide range of
disputes and ensure compliance with their decisions.

Furthermore, Lok Adalats contribute to legal awareness and education, empowering

individuals to understand their rights and responsibilities under the law. Through their
participatory approach, they uphold the principles of justice, equity, and fairness,
embodying the democratic ideals enshrined in the Indian Constitution.

In essence, Lok Adalats stand as beacons of alternative dispute resolution, embodying the
spirit of community-driven justice and social cohesion. As we reflect on their journey and
impact, it becomes evident that Lok Adalats continue to play a pivotal role in advancing
access to justice and fostering a more inclusive and harmonious society.
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May this project serve as a testament to the significance of Lok Adalats and inspire
further research, dialogue, and efforts towards strengthening and expanding their reach,
thereby realizing the vision of justice for all in India.

Prabhat Kumar

January 26, 2024.

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Bibliography
Books
 Wright, Ian, and Franco Mastrandrea. "Alternative dispute resolution." Construction
Law Handbook 2007, no. 1 (January 2007): 871–900.
Journals
 Motiwal, O. P. "Alternative Dispute Resolution." Indian Journal of Public
Administration 45, no. 3 (July 1999): 452–71.

Webliography / webography
 Lok Adalat System in India (readcube.com) (accessed January 26, 2024)
 Scope of Cases Taken Up by Lok Adalat (legalserviceindia.com) (accessed January
26, 2024)
 What are some landmark judgements on Lok Adalat? - Quora (accessed January 26,
2024)
 Lok Adalats (drishtiias.com) (accessed January 26, 2024)
 Lok Adalat Jurisdiction and Powers in India: An Overview (justicemirror.com)
(accessed January 26, 2024)