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ALIGARH MUSLIM
UNIVERSITY
UNIT DEPARTMENT OF LAW
SESSION: 2023-24
LOK ADALAT REPORT
NAME: ANAIDA
FACULTY ROLL NO: 19BALLB254
ENROLLMENT NO: GJ8241
YEAR & SEMESTER: 5TH YEAR & 10TH SEMESTER
SUBMITTED TO: DR. PRABHITA C
DESIGNATION: GUEST FACULTY AT AMU MC
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1. INTRODUCTION
2. ORGIN OF LOK ADALAT
3. ORGANIZATION SET UP OF LOK ADALAT
4. COGNIZANCE OF LOK ADALAT
5. FUNCTION OF LOK ADALAT
6. CONCLUSION
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INTRODUCTION
The concept of Lok Adalat (People’s Court) is an innovative Indian contribution
to the world jurisprudence. The introduction of Lok Adalat’s added a new chapter
to the justice dispensation system of this country and succeeded in providing a
supplementary forum to the victims for a satisfactory settlement of their disputes.
This system is based on Gandhian principles. It is one of the components of ADR
(Alternative Dispute Resolution) systems. In ancient times, the disputes were
referred to “Panchayats”, which were established at the village level. Panchayats
resolved the disputes through arbitration. It has proved to be a very effective
alternative to litigation. This concept of the settlement of disputes through
mediation, negotiation or arbitration is conceptualized and institutionalized in the
philosophy of Lok Adalat. It involves people who are directly or indirectly
affected by dispute resolution.
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ORIGIN OF LOK ADALAT
The concept of Lok Adalat’s was pushed back into oblivion in last few centuries
before independence and particularly during the British regime. Now, this
concept has, once again, been rejuvenated. It has become very popular and
familiar amongst litigants. This is the system, which has deep roots in Indian
legal history and its close allegiance to the culture and perception of justice in
Indian ethos. Experience has shown that it is one of the very efficient and
important ADR mechanisms and most suited to the Indian environment, culture
and societal interests. Camps of Lok Adalat’s were started initially in Gujarat in
March 1982 and now it has been extended throughout the Country. The evolution
of this movement was a part of the strategy to relieve heavy burden on the Courts
with pending cases and to give relief to the litigants. The first Lok Adalat was
held on March 14, 1982, at Junagarh in Gujarat. Maharashtra commenced the Lok
Nyaya Laya in 1984. The advent of Legal Services Authorities Act, 1987 gave a
statutory status to Lok Adalat’s, pursuant to the constitutional mandate in Article
39-A of the Constitution of India. It contains various provisions for settlement of
disputes through Lok Adalat. This Act mandates constitution of legal services
authorities to provide free and competent legal services to the weaker sections of
the society and to ensure that opportunities for securing justice are not denied to
any citizen by reason of economic or other disabilities. It also mandates
organization of Lok Adalat’s to secure that the operation of the legal system
promotes justice on the basis of equal opportunity. When statutory recognition
had been given to Lok Adalat, it was specifically provided that the award passed
by the Lok Adalat formulating the terms of compromise will have the force of
decree of a court, which can be executed as a civil court decree. The evolution of
movement called Lok Adalat was a part of the strategy to relieve heavy burden
on the Courts with pending cases and to give relief to the litigants who were in a
queue to get justice. It contains various provisions for settlement of disputes
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through Lok Adalat. The parties are not allowed to be represented by the lawyers
and encouraged to interact with judge who helps in arriving at amicable
settlement. No fee is paid by the parties. Strict rule of Civil Procedural Court and
evidence is not applied. Decision is by informal sitting and binding on the parties
and no appeal lies against the order of the Lok Adalat.
ORGANIZATION OF LOK
ADALAT: SECTION 18
1. The State authority or district authority or the High Court legal services
committee or as the case may be Tehsil legal services committee may
organize Lok Adalat at such intervals and places and for exercising such
jurisdiction and for such areas as it thinks fit. 2. Every Lok-Adalat
organized for an area shall consist of such number of;
a) Serving or retired on judicial officer, and
b) Other person of the area as may be specified by the state authority or the
district authority or the High Court legal services committee or, the Tehsil
legal services committee organizing such Lok Adalat’s.
2. The experience and qualifications of persons. Referred to in clause (b) of
sub sec. (2) for Lok Adalat’s shall be such as may be prescribed by the
government in consultation with the chief justice of the High Court.
3. Lok Adalat’s shall have jurisdiction to determine and to arrive at a
compromise or settlement between the parties to a dispute in respect of;
a) Any case pending before the court
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b) Any matter which is falling within the jurisdiction of and is not brought
before any court for which the Lok Adalat is organized.
Provided that the Lok Adalat shall have no jurisdiction in respect of any
matter or case relating to an offence not compoundable under any law.
COGNIZANCE OF LOK
1. Wherein any case referred in clause (1) of sub sec. (4) of sec. 18
i) (a) The parties thereof agree; or
(b) One of the parties there of makes an application to the court of
referring the case to the Lok Adalat for settlement and if such court prime
facie satisfy that there are chances of such settlement, or
ii) That the court is satisfied that the matter is an appropriate one to take
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) clause;
2. by such court after giving a reasonable opportunity of being heard to the
parties.
3. Not with standing anything contained in any other law for the time being
in force the authority or committee organizing the Lok Adalat under sub
sec. (1) of sec. 18 may on the receipt of application from any of the
parties to any matter referred to in clause (h) of sub sec. (4) of sec. 18,
that such matter needs to be determined by a Lok Adalat, for
determination.
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Provided that no matter shall be referred to Lok-Adalat except after
giving a reasonable opportunity of being heard to the other party.
4. When any case is referred to a Lok Adalat under sub sec. (1) or where a
reference has been made to its under sub sec. (2), the Lok Adalat shall
proceed to dispose of the case or matter of case and arrive at the
compromise or settlement between parties.
5. Every Lok Adalat shall, while determining any reference before it under
this act, act to the utmost expedition to arrive at compromise or
settlement between the parties and shall be guided by the principles of
justice, equality fair play and other legal principles.
6. Where no reward is made by the Lok Adalat on the ground that no
compromise or settlement could be arrived at between the parties, the
record of case shall be returned by it to the court, by which the reference
has been received under sub sec. (1) for disposal in accordance with law.
7. 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 it under sub sec. (2) of sec. 18 that Lok Adalat shall
advise the parties in a matter referred to in sub sec. (2), that Lok Adalat
shall advise the parties to seek remedy in a court.
8. Where the record of the case is returned under sub sec. (5) to the court,
such court shall proceed to deal with such cases from the stage which was
reached before such reference under sub sec. (1).
FUNCTION OF LOK ADALAT
Lok Adalat can accept only such cases as come within their competence and
capability for disposal. The movement towards organizing of Lok-Adalat’s came
into being in respect of a few selected matters. All their initial functioning they
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entertained motor vehicle accident causes and appeals connected with them. It is
hopefully expected that the Lok Adalat’s would accept other causes also among
them being tenure matters, money causes, so that such disputes are settled on
personal bonds or under takings.
This will be indication of the fact that in the matters of resolution of disputes,
India is back to its traditional methods. But even so experience has shown that it
is not easy to bring the parties to dispute to the negotiation table and to ask them
to settle under some kind of compromise involving give and take.
A large number of legal causes are such that one of the parties is interested in
prolonging litigation and only the other wants a speedy trial. It would seem that
by this approach the state would be saved of needless costs of litigation and also
meaningless administrative compilations. Government has to bear many direct
and indirect cost of litigation. In the category of direct of costs, the costs are court
and lawyers fees, expenses of prosecution and of attending to incidental matters.
Indirect costs are loss of time involved in disputes and increasing costs of
expending fiduciary. There are some categories of government litigation in which
Lok Adalat’s can play a constructive role. One of such categories is matter arising
out of land acquisition. Among the people whose land is acquired are generally
poor villagers those belonging to middle classes. When their land is taken away,
from their hands, they naturally except that compensation should be provided to
them at the earliest movement of time.
Another category of government litigation which can be handled through Lok
Adalat’s is disciplinary proceeding. Many proceedings in this category are such
in which the cause of dispute is very simple, the background is also very clear
and there is not controversy about it but the parties are not able to come out
openly, but the time factor goes on accumulating complication. For example, with
holding of pension and other retirement benefits. Labour disputes are another
category in which Lok Adalat’s can play healthy role. The machinery of
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conciliation and amicable settlements available under the Industrial dispute
Legislations which has been generally successful in resolving needless conflicts
Lok Adalat’s would be a better form even in some service disciplinary matters.
Lok Adalat’s have become an integral part of the Indian legal system and have
become the apertures for access to justice for the poor and downtrodden. The have
bridged the gap to legal aid, but still have certain areas of improvement which
could increase their efficiency even more. While they are acting well to bridge
the gap of “access” to justice, there needs to be a review of their effectivity in
providing aggrieved parties true access to “justice”. With finality, one can
conclude that there is more than meets the eye which can be done to make Lok
Adalat’s a better redressal system towards rising litigation.
