Introduction
Lok Adalat is made up of two words, namely, Lok and Adalat, which mean people’s courts. Lok Adalat is an alternate method of dispute solving. Lok Adalat are different from regular courts and provide speedy settlements of disputes. Today, considering the large number of cases that are pending at all levels of courts, district courts, high courts, and the Supreme Court, an alternate form of dispute settlement was considered a need of the hour. Accordingly, arbitration, mediation, conciliation, and the establishment of Lok Adalat have emerged as effective methods of settlement of disputes.
The purpose of this article is to present before the readers the establishment of Lok Adalats, the functioning and working of Lok Adalats, the associated Acts and legal provisions related to Lok Adalats, and also their advantages and disadvantages while presenting an analysis to Lok Adalats.
Why Lok Adalats are established?
Today, India’s legal system is facing the burden of a large number of cases. Lakhs of cases are pending only in the high courts across different states. Such pendency of cases shakes the public trust in the judicial system of the country. The number of judges in the country is also below the sanctioned strength. Therefore, India needed some alternate form of settlement of disputes, and accordingly, arbitration, conciliation, mediation, and lok adalat were established. Lok Adalats not only reduce the burden of courts in the process but are also known for the early disposal of cases as the requirement of strict adherence to the rules of evidence and procedure is not followed to dispose the cases with Lok Adalats.
Moreover, Lok Adalats are absolutely free. No fee is charged to the people for the settlement of disputes. To fulfill the constitutional right of free legal aid is therefore another reason for the establishment of Lok Adalat.
The proceedings in the courts are conducted in legal language and sometimes in English too, where the parties feel excluded from the process. However, Lok Adalats promise and guarantee a strong participation of the parties in the Lok Adalat.
Constitutional and other provisions related to Lok Adalat
The provisions of Lok Adalat are also reflected in the laws of India. Article 39A of the Constitution recognizes the right to free legal aid as a fundamental right of the citizens. The Supreme Court, on a number of occasions, clarified that no one should be condemned unheard because of poverty. In Hussainara Khatoon v. State of Bihar, it was held that the right to free legal aid is a guaranteed right. Therefore, in lieu of this right, the Parliament enacted the Legal Services Authorities Act, 1987, which provides for the establishment of Lok Adalat, where dispute settlement is absolutely free.
Section 89 of the Code of Civil Procedure, 1908 also recognizes the establishment of Lok Adalat. According to this, the Court may, after considering their pleadings, refer the parties to Lok Adalat for the settlement of disputes. Additionally, Order 33 of the CPC makes provisions with respect to the suits by the indigent person. Rule 9A of that order compels the state to ensure a pleader to the indigent person in filing his claim.
Section 304 of the Code of Criminal Procedure also mandates that if a trial is conducted before the Court of Sessions and the accused is not represented by the pleader, then it is the duty of the court to ensure that trial is conducted only in the presence of the pleader, which must be provided by the State Legal Service Authority.
These state and district legal service authorities are also responsible for providing compensation to the victims.
What is the Jurisdiction of Lok Adalats?
The jurisdiction of Lok Adalats extends to settle the dispute in relation to any matter to arrive at a settlement or compromise when any case is pending before any court or any matter that is in the jurisdiction of any court but has not been brought before any court.
Parties may directly apply to Lok Adalat for the settlement of their disputes, or the Court may also refer the parties. Lok Adalats have been empowered to deal with every kind of dispute, like matrimonial, labor laws, industrial laws, land recovery cases, criminal cases, etc. The criminal cases that are not compoundable don’t fall under the jurisdiction of Lok Adalats.
What is the organization of Lok Adalat?
The power of determining the Lok Adalats at different levels has been given to the
- State Legal Service Authority
- District Legal Service Authority
At such places and in such number as they deem fit. Presiding officers of a Lok Adalat consist of retired judicial officers. The National Legal Service Authority is responsible for the conduct of Lok Adalats. It is a national authority to determine the fees and competent legal services to all the weaker sections of the society at a uniform level.
All this organization has been outlined in the Legal Services Authorities Act, 1987.
What are the limitations of Lok Adalat?
Lok Adlats also have some limitations.
- Lok Adalats don’t deal with the disputes, which are criminal and serious offenses and not compoundable.
- Sometimes, due to a lack of proper procedure, chances of poor application of law prevail.
- There is a lack of public trust in the system.
Conclusion
Lok Adalats have shown that they are of tremendous help in solving legal disputes and providing effective remedies to people. They are speedy, free, and ensure the participation of people. Therefore, Lok Adalats are an effective and promising way of solving the disputes.
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