LOK ADALATS – CRITICAL EXAMINATION UNDER ALTERNATE DISPUTE RESOLUTION LAW
Alternate Dispute
Resolution (or ADR) is a mechanism used to ease out the burden of courts by
resolving them through various different modes like mediation, conciliation,
arbitration, negotiation and Lok Adalats. Legal Services Authority Act, 1987
(hereinafter “LSA”) provides for constitution and formation of Lok Adalats
which is the form of ADR having traits of arbitration, mediation and
conciliation. The Parties to dispute amicably come before Lok Adalat to settle
their case where the Bench acts as a mediator and aids them to settle the
matter through conciliation and such settlement if agreed by both parties is
made binding upon them.
Lok Adalats are
constituted in consonance with the provisions of Article 39-A of Indian
Constitution which provides for equal justice and free legal aid forming part
of Directive Principles of State Policy. They are organized to protect and
promote justice based on equal opportunity. Lok Adalats are strategized to
decrease the burden of courts and to give relief to every citizen who are
waiting for justice to be imparted.
MEANING AND ORGANIZATION OF LOK ADALAT
The term Lok Adalat generally means People’s
Court. These are not like any other formal courts but are special forums where
any case pending before the courts from a very long time or any other matter
falling within the jurisdiction of that Lok Adalat but never brought before the
court can be put up for settlement[1].
Lok Adalat may be organized by State
Authority or District Authority or the Supreme Court/High Court Legal Services
Committee at any place and interval and having such jurisdiction as it thinks
fit. It shall constitute of the retired or serving judicial officers or any
other person whom the organizing authority thinks fit.[2] Other
members of Lok Adalat shall be as prescribed by Central Government in
consultation with the Chief Justice of India[3].
Lok Adalats can be composed at different levels like State authority level,
High Court level, District Court level and Taluka level depending upon
the authority organizing it[4].
AWARD OF LOK ADALAT
The decision made by the Lok Adalat is known
as Award and is final and binding upon the parties. The award must be followed
by the parties and if the Lok ADalat does not make an award or the
parties are not satisfied by the decision of Lok Adalat they cannot appeal in
any court[5] as
there is no provision related to this, however, the case shall go back to the
court that referred it to the Lok Adalat and the proceeding will continue from
the stage where it was left before reference was made to the Lok Adalat[6].
COURT FEE
The matter under Lok
Adalat does not require any court fees, and if the parties have already paid
any court fees to the court before coming to Lok Adalat, that court fees is
refunded to the parties after the settlement.
TYPES OF LOK ADALAT
1) National Lok Adalat-
The national Lok Adalat are ones that are held at regular intervals on a
specified date all over the nation at all levels starting from State authority
level to the Taluka level.
2) Permanent Lok Adalat[7] –
These are established under section 22-B as permanent bodies with a chairman
and two members who provide a pre-litigative mechanism for settlement of
matters relating to public utility services like, postal, transport, supply of
power and light, insurance services etc. If parties fail to follow the
settlement mechanism then the permanent Lok Adalat have jurisdiction to decide
the matter. The decision or award passed by the permanent Lok Adalat is final
and binding on parties. As per legal services authority of India, the permanent
Lok Adalat has a jurisdiction not exceeding 10 lakhs.
3) Mobile Lok Adalat –
Mobile Lok Adalat are organized as courts that travel from one place to another
in order to help the parties in dispute reach an amicable settlement through
this process.
POWERS OF LOK ADALAT-
The Lok Adalats are vested with same powers
as that of a Civil Court under Civil Procedure Code, 1908.[8] Apart
from this, Lok ADalats also have to power to specify their own procedure in
order to determine a dispute coming before it. So, Lok Adalats are not bound by
any specific procedure and its modus operandi may vary on a case to case basis.
Further, proceedings before a Lok Adalat or a Permanent Lok Adalat are
deemed to be judicial proceedings for the purposes of Ss. 193, 219 and 228 of
IPC and they are deemed as civil courts for purpose of Chapter XXVII of CrPC[9].
ADVANTAGES OF LOK ADALAT-
The concept of Lok Adalat
was evolved to reduce the burden of normal courts and thereby Lok Adalats have
proved to be advantageous because they provide for an option of speedy trial
and justice. Also, in Lok Adalats there is no need for a party to hire an
advocate or a lawyer as there is no complex procedure because of which parties
may represent themselves before the court on their own. Because of less
procedure and speedy trials the Lok Adalats also have economic benefit for
financially weaker section of society.
DISADVANTAGE OF LOK ADALAT
The biggest disadvantage
of Lok Adalat is that in the quest of speedy trial and quick resolution of
disputes sometimes justice is not done with the aggrieved. This is so because
the entire system of Lok Adalats is based on compromise and settlement and
there are some matters that may not be resolved by mere compromise. Also when
the parties are left dissatisfied by the award of Lok Adalat, there is
unreasonable deferment caused in the process of law thereby causing undue
delay.
CONCLUSION
Hence it can be concluded
that Lok Adalats are undoubtedly a boon for the citizens, courts and legal
system of India. It is also a ray of hope for the weaker and marginalized
section of society. But it also suffers for certain drawbacks that need to be
looked upon and thereby resolved.
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