LOK ADALATS

CONCEPT OF LOK ADALAT

BACKGROUND
 People’s disgust for traditional court litigation led to the evolution of alternative
dispute resolution of which arbitration was the first one to get statutory
recognition.
 The Indian Legal System has evolved a new technique of Dispute Resolution which
is popularly known as ‘Lok Adalat System’.
 Lok Adalats’ were primary created to over the drawbacks of the present judicial
system.
 It is a significant mode of alternative dispute resolution.
 Lok Adalats system settles disputes by way of negotiation, mediation, conciliation
with active involvement of the advocates, judges, eminent social workers and
concerned parties.
 It is forum where disputes/cases pending in the Court of law or at pre-litigation
stage are settled/compromised amicably.
 Lok Adalats have been given statutory status under the Legal Services Authorities
Act, 1987.
 There is no Court fee payable when a matter is filed in a Lok Adalat.

CONCEPT OF LOK ADALAT

 The meaning of Lok Adalat in literal sense is people’s court as it comprises of the
two terms namely Lok & Adalat, wherein ‘Lok’ means People and ‘Adalat’ means
Court.
 As an institution, Lok Adalat settles disputes by adopting principles of justice,
equity and fair play.
 These noble principles are the guiding factors for decision of the Lok Adalats
based in compromise to be arrived at before such Adalats.
 It is voluntary mechanism which is mainly concerned with two-fold functions i.e.,
 To provide quick, easy, accessible, non-technical, sympathetic and
disputant friendly forum to the people for resolution of their disputes.
 To overcome the hazard of exploitation of docket explosion i.e., rate of
institution of cases being greater than rate of disposal of cases.
 It is a unique institution meant to take care of disputes as they arise between the
parties, whatever section of society and disputes as they go before the court, that
is, pre-litigation and the post litigation stages.
 The underlying concept behind Lok Adalats is that adjudication before the Court
shall be avoided and amicable settlement of disputes shall be preferred above
all other means.

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 It strives to strengthen the solidarity and integrity in the society by finding amicable
settlement of the dispute.
 It is a para-judicial institution being developed by the people themselves.
 The poor do not have the staying power which litigation inevitably involves nor
can they expect equal justice in all stages of the complicated and technical
procedures of the law.
 Adjudication in Lok Adalat is a people oriented, speedy and summary styled for
quick settlement of disputed on compromise terms.
 It is an informal forum provided by the people themselves or by the interested
parties including social activists, legal aiders and public-spirited persons
belonging to all walks of life.
 Lok Adalats are voluntary efforts of judiciary and the litigants to invent new
prospects for resolution of disputes which are no possible under the conventional
justice delivery system.
 It is an expeditious mode of redressal which avoid frequent adjournments and
lengthy arguments, limit cross examination and evidence to relevant issues,
adopts healthy attitude of co-operation between bar and bench and
encourage compromise, settlement, reconciliation and arbitration.
 It also acts as a safety valve and relives the mounting pressure on the Courts.
 Lok Adalat primarily addresses the case not on its merits but on the issue of
resolving the case by persuading the parties to take advantage of compromise
bypassing the entire dilatory procedure of adverbial litigation.
 The Lok Adalat system is not a substitute for the present judicial system, but a
supplementary to it so that the arrears of cases in the Courts may be reduced.
 Therefore, the emergence of the concept of Lok Adalat as a new system of
dispensation of justice is a result of social philosophy of judges and eminent
scholars who are always engrossed in the thought to establish a new forum for
providing inexpensive and quick justice to people.
 Further the concept of Lok Adalat implies resolution of disputes by discussion,
counselling, persuasion and conciliation so that it dispenses speedy and cost-
effective justice
 It is based on the lines of a participatory justice system.

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NATURE OF LOK ADALAT
The Lok Adalats are the answers to the significant problems faced by the conventional
Courts of our country, therefore the following points, which contribute to the nature of
Lok Adalats must be necessarily be understood:

1. Lok Adalat Implements Indian Cultural Values

 People’s participation.
 Lok Adalat has prevailed since ancient days in one form or another.
 Held at public places, where all people are present.
 Principles of truth(Satya)

2. Lok Adalat as an integral part of Constitution

 Preamble, Part III-Fundamental Rights, Part IV-DPSPs
 Article 39A – Equal justice and free legal aid.
 To achieve the constitutional goals.

3. Lok Adalat fulfils aspirations of Economically Weaker

 Less educated, illiterate, underprivileged etc., are often intimidated by the idea
of engaging lawyer for representing them in the Court for settling a dispute.
 They do not understand the procedural laws and the substantive law at times.
 Lok Adalat on the contrary provides free justice to all.

4. Lok Adalat brings unity in the Society

 Give and take is an essential element of a flourishing society.
 Lok Adalat helps in making people realise the value of accommodation and
negotiation.
 Litigation in most of the cases, only leads to disturbed relations between the
parties as they cannot sit down and settle their scores in person, ever.

5. Wide Jurisdiction of Lok Adalat

 It has the widest possible jurisdiction to deal with any matter, whatever be its legal
character and in whatever court it might be pending or falling within its
jurisdiction, including the highest court.
 But the Lok Adalat has no jurisdiction in respect of the non-compoundable
criminal cases under any law.
 Thus, serious crimes are kept outside the ambit of Lok Adalat.

6. Lok Adalat is based on Democratic Principles

 Legal aid services;
 Organising Lok Adalats;
 Eligible persons i.e., persons entitled to free legal and other also.
 Equal opportunity to all irrespective of their caste, religion, sex, race and wealth
to present the dispute before Lok Adalat for settlement.

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7. Uniformity in Structure & Procedure
 Legal Services Authority Authorities Act made the system of Lok Adalat uniform.
 Different procedure was followed in different courts prior to the passing of the
Act.
 Organisation of the Lok Adalat has been made more uniform.
 There are no cumbersome procedural laws like Civil Procedure Code, Criminal
Procedure Code and the Evidence Act.

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 ESTABLISHMENT OF LOK ADALATS
- SECTION 19 -

Purpose of Establishment
 Lok Adalats are judicial bodies set up for the purpose of facilitating peaceful
resolution of disputes between the litigation parties.
 They have powers of the Civil Court such as summoning, examining, taking
evidence etc.

Organization of Lok Adalats

The following authorities under the Legal Services Authority Act, 1987 are empowered
to organise Lok Adalats at regular intervals at their discretion:
 State Legal Services Authority
 District Legal Services Authority
 Supreme Court Legal Services Authority
 High Court Legal Services Authority
 Taluk Legal Services Authority

Composition of Lok Adalats

Every Lok Adalat shall consist of:
 Serving or retired judicial officers; and
 Other persons (of repute as may be prescribed by the State Authority or District Authority
or Supreme Court Legal Services Committee or the High Court Legal Services Committee,
as the case may be.)

Qualifications & Experience

 The State Government or the Central Government in consultation with the Chief
Justice of the High Court or the Supreme Court shall prescribe the requisite
qualifications of the members comprising of the Lok Adalats.
 Rule 13 of the National Legal Services Authority Rules provides the following
qualifications that a person must have in order to be a member of Lok Adalat:
 He must be a member of Legal Profession; or
 A person of repute who is specially interested in the implementation of the
Legal Services Schemes and programs; or
 An eminent social worker who is engaged in the promotion and welfare of
the weaker section of the society.

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 JURISDICTION OF LOK ADALATS
- SECTION 19(5) & 20 -

General Jurisdiction
A Lok Adalat shall have the jurisdiction to determine and to arrive at a compromise or
settlement between the parties to dispute in respect of:
 Any case pending before it; OR
 Suo Moto i.e., any case/matter which if falling within its jurisdiction and is not
brought before any Court for which the Lok Adalat is organized.
 The Lok Adalat shall not have jurisdiction with respect to Criminal offences under
any act which are not compoundable in nature.

Who may apply

A case can be taken up by the Lok Adalat in the following ways:
 Upon application of one of the party; OR
 Agreement of all the parties; OR
 Suo moto by the Lok Adalat itself.

General principles to be followed while exercising the jurisdiction

 Principles of natural justice, equity, fair play.
 Reasonable opportunity shall be given to each and every party.
 The Lok Adalat shall proceed and make best efforts to arrive at a compromise
and settlement between the parties.
 If no award is made, in such case the Lok Adalat shall return the file to the
concerned Court or advice the parties to seek remedy before the Courts.

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 AWARD OF LOK ADALATS
- SECTION 21 -

 Every award of the Lok Adalat shall be deemed to be a decree of a Civil Court.

 The Court fee, if any paid before the Court, shall be refunded in the manner
provided in the Court-Fees Act, 1870.

 Every award shall be final and binding on the parties to dispute.

 No appeal shall lie against the Award before any Court.

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 POWERS OF LOK ADALATS
- SECTION 22 -

Powers of Civil Court under Civil Procedure Code, 1908

 Summoning and enforcing attendance of any witness and examining him on
oath;
 Discovery and production of any document;
 Receiving evidence or affidavits;
 Requisitioning of any public record or document or copy thereof from any court
or office;
 Other matters as may be prescribed

Power to specify own procedure

 The Lok Adalat shall also have the powers to specify its own procedure for the
determination of any dispute coming before it.

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 LEGAL AID UNDER THE CONSTITUTION OF INDIA

Meaning of Legal Aid

 Legal aid is the provision of assistance to people otherwise unable to afford legal
representation and access to Court system.
 Legal aid is regarded as central in providing access to justice, ensuring equality
before law, the right to counsel and the right to fair trial.
 Legal Aid which means giving free legal services to the poor and needy who are
unable to afford the services of an advocate for the conduct of a case or a legal
proceeding in any court, tribunal or before an Judicial authority.

The preamble of the Indian constitution basically aims to secure to the people of India
justice – socio economic and political. His Lordship Justice P.N. Bhagwati aptly stated
that legal aid means providing an arrangement in the society which makes the
machinery of administration of Justice easily accessible and in reach of those who have
to resort to it for enforcement of rights given to them by law. Article 38(1) avows that the
State shall promote the welfare of the people by securing and protecting the social
order including justice. Article 21 clearly says that every person has an equal right to life
and liberty except according to the procedure established by the law.

The State shall secure that the operation of the legal system promotes justice, on a basis
of equal opportunity, and shall, in particular, provide free legal aid, by suitable
legislation or schemes or in any other way, to ensure that opportunities for securing
justice are not denied to any citizen by reason of economic or other disabilities.

In the case of Hussainara khatoon vs. State of Bihar, it was held that if any accused is
not able to afford legal services then he has a right to free legal aid at the cost of the
state.

It is the duty of the State to see that the legal system promotes justice on the basis of
equal opportunity for all its citizens. It must therefore arrange to provide free legal aid to
those who cannot access justice due to economic and other disabilities.
—(Art.39 A of the Constitution of India)

If the accused does not have sufficient means to engage a lawyer, the court must
provide one for the defense of the accused at the expense of the state.
—(Sec. 304 of Code of Criminal Procedure,1973)

The Constitutional duty to provide legal aid arises from the time the accused is
produced before the Magistrate for the first time and continues whenever he is
produced for remand.
—(Khatri II Vs. State of Bihar, (1981) 1SCC; 1981 SCC (Cri) 228; 1981 Cri. LJ 470)

A person entitled to appeal against his/her sentence has the right to ask for a counsel,
to prepare and argue the appeal.

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—(Madav Hayavadanrao Hoskot Vs. State of Maharastra (1978)3 SCC 544) (Art. 142 of
the Constitution r/w Articles 21 and 39A of Indian Constitution )

SERVICES OFFERED BY THE LEGAL SERVICES AUTHORITY:

1.Payment of court and other process fee;
2. Charges for preparing, drafting and filing of any legal proceedings;
3.Charges of a legal practitioner or legal advisor;
4. Costs of obtaining decrees, judgments, orders or any other documents in a legal
proceeding;
5.Costs of paper work, including printing, translation etc.

DUTIES OF THE POLICE AND THE COURTS:

The police must inform the nearest Legal Aid Committee about the arrest of a person
immediately after such arrest.
—(Sheela Barse V. State of Maharashtra)

The Magistrates and sessions judges must inform every accused who appears before
them and who is not represented by a lawyer on account of his poverty or indigence
that he is entitled to free legal services at the cost of the State.

Failure to provide legal aid to an indigent accused, unless it was refused, would vitiate
the trial. It might even result in setting aside a conviction and sentence. —(Suk Das Vs.
Union Territory of Arunachal Pradesh (1986) 2 SCC 401; 1986 SCC (Cri) 166)

WHEN CAN LEGAL SERVICES BE REJECTED?

If the applicant
- has adequate means to access justice;
- does not fulfill the eligibility criteria;
- has no merits in his application requiring legal action.

CASES FOR WHICH LEGAL AID IS NOT AVAILABLE:

1. Cases in respect of defamation, malicious prosecution, contempt of court, perjury
etc.
2. Proceedings relating to election;
3.Cases where the fine imposed is not more than Rs.50/-;
4.Economic offences and offences against social laws;
5.Cases where the person seeking legal aid is not directly concerned with the
proceedings and whose interests will not be affected.

WHEN CAN THE LEGAL SERVICES BE WITHDRAWN?

The legal services committee can with draw the services if,
1. the aid is obtained through misrepresentation or fraud;
2. any material change occurs in the circumstances of the aided person;
3. there is misconduct, misbehavior or negligence on the part of the aided person;
4. the aided person does not cooperate with the allotted advocate;
5. the aided persons appoints another legal practitioner;

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6. the aided person dies, except in civil cases;
7. the proceedings amount to misusing the process of law or of legal service.

WHO IS ENTITLED TO FREE LEGAL AID?

Any person, who is:
1. a member of the scheduled castes or tribes;
2. any person belonging to the Schedule caste/tribe, persons suffering from natural
calamity, industrial worker, children, insane person, handicap, persons in custody and
those having annual income less than Rs 1 lakh were entitled to avail free legal aid
3. a victim of trafficking in human beings or beggar;
4.disabled, including mentally disabled;
5. a woman or child;
6. a victim of mass disaster, ethnic violence, caste atrocity, flood, drought, earth quake,
industrial
disaster and other cases of undeserved want;
7. an industrial workman;
8. in custody, including protective custody;
9. facing a charge which might result in imprisonment; —(Khatri II Vs. State of Bihar,
(1981) 1SCC); and
10.unable to engage a lawyer and secure legal services on account of reasons such as
pover ty, indigence, and incommunicado situation;
11. in cases of great public importance;
12. special cases considered
deserving of legal services.

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 JUDICIAL RESPONSE
-CASE LAWS-

Abdul Hasan & National Legal Services Authority v. Delhi Electricity Board & Ors.
 Article 39-A – Equal justice and free legal aid.
 Mandatory provision.
 Deliver justice expeditiously on the basis of equal opportunity and provide free
legal aid and secure opportunities for getting justice are not denied.

State of Punjab v. Phullan Rani & Anr.

 Lok Adalat has to dispose of the matter by arriving at a settlement or compromise
between the parties.
 If no compromise or settlement is arrived at, in such case no order can be passed
by the Lok Adalat.

Sukhlal v. State of U.P

 Section 19(5), Legal Services Authority Act.
 An offence in respect of which the accused was being tried was non-
compoundable in nature.
 Therefore, Lok Adalat has no jurisdiction in such cases.

State of Maharashtra v. Manu Bhai Bagaji Vashi

 Right to free legal aid and speedy justice are guaranteed under Article 21.
 Fundamental right.
 Free legal aid shall be made available to the needy poor.

Centre for Legal Research v. State of Kerala

 Legal aid programme is aimed at ensuring social justice to the poor and indigent
persons.

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