adr session REPORT 1-

LOK ADALAT AND LEGAL SERVICES AUTHORITIES ACT

DATE -21.04.23
adv.
An interactive session with Adv. ….. on 21st April,2023 was held to give an overview of the
legal services authorities act. Wherein the background, purpose and various concepts under
the legal services authorities act were discussed

Key points discussed during the session

Concept of lok Adalat and Origin of Lok Adalats

Lok Adalat is also commonly known as the people’s court. This system was mainly
introduced based on the Gandhian principles. It is one of the effective modes of
alternative dispute resolution systems. In the olden times this system was also known as
the Panchayat system. This concept of the settlement of disputes through mediation,
negotiation or arbitration is conceptualized from the philosophy of Lok Adalat. The
awards passed by a Lok Adalat are considered to be a decree of a Civil Court
and shall be final and binding on all the parties of the dispute (there shall also
be no appeal against the award).
The concept of Lok Adalat goes back to the pre-independence or the British
period. It served as an effective system amongst the litigants. This was one of the most
suitable methods for the Indian environment, culture and social interest. The Lok Adalat
was first started in Gujarat in March 1982 and slowly spread across the country. The
advent of Legal Services Authorities Act, 1987 gave a statutory authority to Lok Adalats,
pursuant to the constitutional mandate in Article 39-A of the Indian Constitution.
The act mandates to provide free legal services to the weaker sections of the
society and ensure that justice is not denied to any of the citizens.
The Lok Adalat was conceptualized due to the drawbacks of the Indian legal system to
provide efficient, effective, and low-cost justice. The evolution of this concept was a part
of the plan to relieve the heavy burden on the Courts
The modern ideology of Lok-Adalat was proposed and implemented by Justice P.N.
Bhagwati, former Chief Justice of India. Moreover, justice Krishna Iyer was also
instrumental a prominent Indian jurist was also Instrumental in the lok Adalat movement

How can the Lok Adalat be approached?

Lok Adalat is one of the alternative dispute redressal mechanisms, it is a forum
where disputes/cases pending in the court of law or at pre-litigation stage are
settled/ compromised amicably.
The act gave Lok Adalats the jurisdiction to:
Determine and to arrive at a compromise or settlement between the parties to a
dispute in the respect of:

i. any pending case; or

ii. any matter which is falling within the jurisdiction of, and is not brought before,
any court for which the Lok Adalat is organized.

Second, it permitted pending cases in the formal Courts to be transferred to Lok

Adalats by direct application of one or both parties. If conciliation was not achieved,
then the case could move back to the formal Court from which it came. However, the
matter does not come before the presiding officer

In 1999, the Government of India further legitimized Lok Adalats by adding Section
89 to the Civil Procedure Code of India. Section 89 allows a Court, when it appears
that there is the possibility of a settlement, to formulate the terms and submit them
to the parties for their comments. Most importantly, on receiving a response from
the parties, the Court may formulate a settlement and refer the case to ADR,
including Lok Adalats.

Sailent features of Lok Adalat

 The parties to a dispute can interact directly with the presiding officer,

which is not possible in the case of a court proceeding.

The role of the officers is resolve the issues with deliberation and discussions and to
make aware of the various legal provisions with respect to disputes

who can preside over lok Adalat ?

Only serving or retired judicial officials or other persons as prescribed by the competent
Legal Service Authority can preside over the Lok Adalat and its jurisdiction extends to the
same level as that of the court that organizes or establishes them

Powers of presiding officer

 The Lok Adalat will have similar powers of a Civil Court and is governed under the
Code of Civil Procedure.
 It has the power to summon and enforce the attendance of a witness.
 Power to receive evidence regarding a particular case.
 The Lok Adalat has the power to follow its own procedure for determining any
dispute.
 The proceeding of a Lok Adalat is considered to be judicial proceedings.

what matter are to be decided by the lok Adalat?

Cases related to issues involving marriage, Labour disputes, Acquisition of
land, Divorce, criminal cases, family disputes, bankruptcy cases and other
similar cases can be brought to Lok Adalat with the exception of matters relating
to non-compoundable offences, as mentioned under section 320 Crpc

procedure to be followed
In settling these disputes, the Lok Adalat facilitates a conversation between the parties
but the process unravels through various stages wherein the parties are told about the
pros and cons of the case and that, in the best cases, conclude in a settlement or
agreement between the parties. And based on this an award is passed.
Nature of the award
the award (decision) made by the Lok Adalats is deemed to be a decree of a civil court
and is final and binding on all parties and no appeal against such an award lies before
any court of law.
Advantages of lok Adalat
1. quick disposal of the cases through deliberations
2. it results in understanding the viewpoints of all the parties, even if it does not
result into settlements
3. it reduces the case load of judiciary as petty cases are settled by lok adalat

Disadvantages:

1. Justice delayed is justice denied but justice hurried is also justice buried. Faster
justice comes with a price of settlement made at the cost of lesser compensation and
the petitioner had no time to claim higher amount which he justly should have got as
seen in many cases after which apex court ordered Lok Adalat to be careful about
not impairing the right of any party involved in the issue. Faster and easier justice
must not come with the price of injustice which is what falls as a disadvantage of Lok
Adalat.

2. Not all cases are suitable for lok adalat jurisdiction. Lok adalat is all about
settlement and compromise which is not what every case requires. Most cases in
India require punishment and correctional methods which is not under the dealing of
lok adalat. These cases would usually fail here and would then be recommended to
courts. This would only create superfluous deferral in the legal proceedings,
sometimes which could be required as early as possible.

Skills required by advocates while appearing for a party in lok Adalat

one of the objective of the act is give aid to the weaker class of persons by competent
lawyers. Competency means academics basis and having background knowledge of dispute
for example in dispute related to loans, where in a lower figure is mentioned for writing off
the loan, what is principal, interest, what is penal interest, can emi econstituted these are
the aspects the lawyer should think of

Conclusion
The Lok Adalat is a voluntary mechanism which is mainly concerned with two-fold
functions � firstly, it provides a quick, easy, accessible, non-technical, sympathetic and
disputant friendly forum to the people for resolution of their disputes and secondly, it
helps overcome the hazard of the docket explosion.

The Lok Adalat System has the opportunity to live up to the goals of providing the public
with an effective and informal dispute resolution mechanism as it had originally set out to
accomplish. It can simultaneously relieve the burdens of the Formal Legal System and
bring informal legal remedies to those that do not believe strongly in the Justice system.
To achieve these objectives, Lok Adalats should take lessons from Alternative Dispute
Resolution experiments abroad, along with lessons from Indian experiments, and adapt
them to the culture and traditions of the rural Indian population.