Lok Adalats in India
Lok Adalat and Free legal Aid
By- Sanjeev Kumar
(Nodal Officer Computer)/
A.D.J./F.T.C. Allahabad
ADR (Alternate Dispute Resolution ) system has been an
integral part of our historical past. The concept of Lok Adalat (Peoples' Court) is
an innovative Indian contribution to the world jurisprudence. The institution of
Lok Adalat in India, as the very name suggests, means, People's Court."Lok"
stands for "people" and the term "Adalat" means court. India has a long tradition
and history of such methods being practiced in the society at grass roots level.
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.
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.
The advent of Legal Services Authorities Act, 1987 gave a statutory
status to Lok Adalats, 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. It is an Act to constitute legal services authorities to provide
free and competent legal services to the weaker sections of the society to
ensure that opportunities for securing justice are not denied to any citizen by
reason of economic or other disabilities, and to organize Lok Adalats to secure
that the operation of the legal system promotes justice on a basis of equal
opportunity.
There is a Central Authority called the "National Legal Services
Authority". Its patron is the Hon'ble Chief Justice of India. Its Executive
Chairman is the senior most Judge of the Supreme Court of India.
So far as the State Legal Services Authorities are concerned, it is
headed by a Patron-in-Chief who is none other than the Hon'ble Chief Justice of the High Court. In almost all the State Authorities, except perhaps one or two, a
sitting Judge of the High Court functions as the Executive Chairman.
Some relevant provisions of Legal Services Authority Act 1987 are as
follows:----
Section 2 (1) (aaa) of the Act defines ‘Court’ as under:--
“Court means a civil, criminal or revenue court and includes any tribunal or any
other authority constituted under any law for the time being in force, to exercise
judicial or quasi-judicial functions.”
Jurisdiction of Lok Adalat
(Sub Sec 5 of Sec 19 of the Act)
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:
(i) any case pending before; or
(ii) any matter which is falling within the jurisdiction of, and is not brought before,
any court for which the Lok Adalat is organised.
The Lok Adalat can compromise and settle even criminal cases, which
are compoundable under the relevant laws.
– Organisation of Lok Adalat
(Section 19 of the Act)
The State Authority and District Authority, Supreme Court Legal
Services Committee, High Court Legal Services Committee and Taluk Legal
Services Committee (mentioned in Section 19 of the Act) can organize Lok
Adalats at such intervals and places as may be deemed fit.
- Every Lok Adalat so organized shall consist of: (a) Serving or retired judicial
officers, (b) other persons, as may be specified.
The experience and qualification of “other persons” in a Lok Adalat conducted
by Supreme Court Legal Services Committee shall be prescribed by the Central
Government in consultation with the Chief Justice of India. At present, Rule 13
of the National Legal Services Authorities Rules, 1995 prescribes such experience and qualifications as:
(a) A member of the legal profession; or
(b) A person of repute who is specially interested in the implementation of the
Legal Services Schemes and Programmes; or
© An eminent social worker who is engaged in the upliftment of weaker sections
of people, including Scheduled Castes, Scheduled Tribes, women, children,
rural and urban labour.
The experience and qualification of “other persons” mentioned in clause (b) shall
be prescribed by the State Government in consultation with the Chief Justice of
High Court.
Powers of Lok Adalat
(Sec 22 of the Act)
(1) The Lok Adalat shall have the powers of a civil court under the Code of Civil
Procedure, 1908, while trying a suit, in respect of the following matters:---
(a)Power to summon and enforce the attendance of any witness and to examine
him/her on oath.
(b)Power to enforce the discovery and production of any document.
(c)Power to receive evidence on affidavits,
(d)Power for requisitioning of any public record or document or copy thereof or
from any court.
(e)Such other matters as may be prescribed.
(2)Every Lok Adalat shall have the power to specify its own procedure for the
determination of any dispute coming before it.
(3)All proceedings before a Lok Adalat shall be deemed to be judicial
proceedings within the meaning of Sections 193, 219 and 228 of IPC
(4)Every Lok Adalat shall be deemed to be a Civil Court for the purpose of Sec
195 and Chapter XXVI of Cr.P.C. Permanent Lok Adalat
(Hereinafter mentioned as ‘PLA’ - Chapter VI A of the Act)
-Chapter VI A was newly added by Amendment Act, 2002, introducing the
concept of Permanent Lok Adalat.
-The Central or State Authorities may establish by notification, Permanent Lok
Adalats at any place, for determining issues in connection to Public Utility
Services.
-Public Utility Services include:
(1) Transport service,
(2) Postal, telegraph or telephone services,
(3) Supply of power, light and water to public,
(4) System of public conservancy or sanitation,
(5) Insurance services and such other services as notified by the Central or
State Governments.
-PLAs have the same powers that are vested on the Lok Adalats, mentioned
under Section 22(1) of the Act.
For detail click here
Lok Adalat and Free legal Aid
By- Sanjeev Kumar
(Nodal Officer Computer)/
A.D.J./F.T.C. Allahabad
ADR (Alternate Dispute Resolution ) system has been an
integral part of our historical past. The concept of Lok Adalat (Peoples' Court) is
an innovative Indian contribution to the world jurisprudence. The institution of
Lok Adalat in India, as the very name suggests, means, People's Court."Lok"
stands for "people" and the term "Adalat" means court. India has a long tradition
and history of such methods being practiced in the society at grass roots level.
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.
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.
The advent of Legal Services Authorities Act, 1987 gave a statutory
status to Lok Adalats, 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. It is an Act to constitute legal services authorities to provide
free and competent legal services to the weaker sections of the society to
ensure that opportunities for securing justice are not denied to any citizen by
reason of economic or other disabilities, and to organize Lok Adalats to secure
that the operation of the legal system promotes justice on a basis of equal
opportunity.
There is a Central Authority called the "National Legal Services
Authority". Its patron is the Hon'ble Chief Justice of India. Its Executive
Chairman is the senior most Judge of the Supreme Court of India.
So far as the State Legal Services Authorities are concerned, it is
headed by a Patron-in-Chief who is none other than the Hon'ble Chief Justice of the High Court. In almost all the State Authorities, except perhaps one or two, a
sitting Judge of the High Court functions as the Executive Chairman.
Some relevant provisions of Legal Services Authority Act 1987 are as
follows:----
Section 2 (1) (aaa) of the Act defines ‘Court’ as under:--
“Court means a civil, criminal or revenue court and includes any tribunal or any
other authority constituted under any law for the time being in force, to exercise
judicial or quasi-judicial functions.”
Jurisdiction of Lok Adalat
(Sub Sec 5 of Sec 19 of the Act)
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:
(i) any case pending before; or
(ii) any matter which is falling within the jurisdiction of, and is not brought before,
any court for which the Lok Adalat is organised.
The Lok Adalat can compromise and settle even criminal cases, which
are compoundable under the relevant laws.
– Organisation of Lok Adalat
(Section 19 of the Act)
The State Authority and District Authority, Supreme Court Legal
Services Committee, High Court Legal Services Committee and Taluk Legal
Services Committee (mentioned in Section 19 of the Act) can organize Lok
Adalats at such intervals and places as may be deemed fit.
- Every Lok Adalat so organized shall consist of: (a) Serving or retired judicial
officers, (b) other persons, as may be specified.
The experience and qualification of “other persons” in a Lok Adalat conducted
by Supreme Court Legal Services Committee shall be prescribed by the Central
Government in consultation with the Chief Justice of India. At present, Rule 13
of the National Legal Services Authorities Rules, 1995 prescribes such experience and qualifications as:
(a) A member of the legal profession; or
(b) A person of repute who is specially interested in the implementation of the
Legal Services Schemes and Programmes; or
© An eminent social worker who is engaged in the upliftment of weaker sections
of people, including Scheduled Castes, Scheduled Tribes, women, children,
rural and urban labour.
The experience and qualification of “other persons” mentioned in clause (b) shall
be prescribed by the State Government in consultation with the Chief Justice of
High Court.
Powers of Lok Adalat
(Sec 22 of the Act)
(1) The Lok Adalat shall have the powers of a civil court under the Code of Civil
Procedure, 1908, while trying a suit, in respect of the following matters:---
(a)Power to summon and enforce the attendance of any witness and to examine
him/her on oath.
(b)Power to enforce the discovery and production of any document.
(c)Power to receive evidence on affidavits,
(d)Power for requisitioning of any public record or document or copy thereof or
from any court.
(e)Such other matters as may be prescribed.
(2)Every Lok Adalat shall have the power to specify its own procedure for the
determination of any dispute coming before it.
(3)All proceedings before a Lok Adalat shall be deemed to be judicial
proceedings within the meaning of Sections 193, 219 and 228 of IPC
(4)Every Lok Adalat shall be deemed to be a Civil Court for the purpose of Sec
195 and Chapter XXVI of Cr.P.C. Permanent Lok Adalat
(Hereinafter mentioned as ‘PLA’ - Chapter VI A of the Act)
-Chapter VI A was newly added by Amendment Act, 2002, introducing the
concept of Permanent Lok Adalat.
-The Central or State Authorities may establish by notification, Permanent Lok
Adalats at any place, for determining issues in connection to Public Utility
Services.
-Public Utility Services include:
(1) Transport service,
(2) Postal, telegraph or telephone services,
(3) Supply of power, light and water to public,
(4) System of public conservancy or sanitation,
(5) Insurance services and such other services as notified by the Central or
State Governments.
-PLAs have the same powers that are vested on the Lok Adalats, mentioned
under Section 22(1) of the Act.
For detail click here