Lok Adalat

Genesis of Lok Adalat

Introduction

The history of the evolution of Lok Adalats,

popularly known as people’s court goes back to Vedic times when

the kings, in return for taxes paid to him by the people performed

the duty of judge. The Vedic king wielded authority as the head of

the judiciary and claimed himself as the upholder of Dharma of

law like Varma. The judicial powers of the king swallowed with

the passage of time and the machinery for the administration of

justice put into by him consisted by Sabha and Samiti. The study

of Dharmasutras discloses that king started delegating his judicial

authority to his royal officers who were the member of village

assembly known as the Sabha. The most pronounced feature of

Hindu policy was that the law was administered by the Sabha.

Normally it was the Sabha or the popular village assembly rather

than the king who tried to arbitrate when it was feasible to do so.

There is substantial corroboration of the fact that in the later vedic

times Samhitas and Brahmanas of the old Vedic tribal council

called the sabha developed into the king’s court as well as his

council.

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Lok Adalat

There were functioning two seats of courts

simultaneously, viz the royal court and popular court i.e lok

Adalat. With the expansion of royel powers after 600 B.C

subordinate royal courts began to be constituted for important

towns and cities which were often located in the headquarters of

terriritorial division like Sthana. Dronamukha and Kharvatika.

These courts functioned under the authority of royal seal and were

popularly known as Mudrita in later times. Similarly, there were

special Royal courts of criminal jurisdiction known as

Kantakasodhana courts. In addition to these royal courts, there

were no. of popular courts in the ancient Indian polity. Though the

ancient Indian polity was a highly centralized one but it left a

number of disputes to be decided by unofficial courts.

GRADATION AND COMPOSITION OF PEOPLE’S

COURTS

To reiterate, the lok Adalats i.e., popular courts or

people’s courts are for the first instance mentioned in Yajnavalkya

Smriti. He mentions three types of popular courts, viz. (a) Puga,

(b) Sreni, and (c) kula. Similarly, P.V. Kane is of the view that

Puga, Sreni, and kula were arbitration tribunals like modern

Panchayats or the lok Adalats of today. The judges of the popular

courts had office either by election or by inheritance according to

2

Lok Adalat

local custom. There was a well established hierarchy of the popular

courts, the highest being the court of Gana and the lowest on the

ladder was the Kula court. The Sreni court was in between the two.

These same courts are mentioned in the same order by Brihaspati

who points out that an appeal would lie to the Sreni court from the

decision of Kula court and to the Puga court from the decision of

the Sreni court.

The word Puga appears to have denoted the

local corporations of towns are villages during the post-vedic

period. The study of chullavaga discloses that the word Puga has

been used to have a sense of corporation of a town or a village.

Yajnavalkya opines that the Puga court consisted of member

belonging to different castes and profession but staying in the same

villages or town. Puga courts functioned as an agency of

adjudication other than official ones. One find a detail description

about the nature and composition of the Puga courts in the

philosophy of Altekar. He was of the view that Puga courts

consisted of members belonging to different caste and profession

and staying in the same villages or town. It is thus clear that Puga

courts played an important role almost throughout the long course

of Indian history. Though Puga courts were non official, they had

the royal authority behind them since they were sanctioned by the

3

Lok Adalat

king. Puga courts also enjoyed a appellate jurisdiction in all cases

decided by Sreni and kula court.

The Sreni was an association of persons engaged in

similar pursuits. It was an association or a corporation of

merchants or guilds. The Dharmasastra and Nitisastra shows that

Sreni courts had jurisdiction to resolve disputes among their

members. The Sreni had their own executive committees of four or

five members and it was likely that these committees functioned as

the Sreni court when the efforts at family arbitration failed.

Vijnansesvara describes Sreni as agencies of adjudication other

than official ones. The Sreni courts had appellate jurisdiction the

appeal could lie against the decision of Kula courts in the Sreni

courts.

Kula was the lowest court, headed by the kirismen.

Mitaksara defines Kula as a group of relative. The Kula court was

informed body of family elders. It enjoyed the judicial function but

was considered to be inferior in jurisdiction to officers appointed

by the king. It was an arbitration tribunal like modern panchayat or

the lok Adalats of today.

POWERS AND FUNCTIONS OF LOK ADALATS

The hindu scriptures throw a flood of light on the powers

nad functions of the popular court prevelant in ancient India. The

4

Lok Adalat

authoritative sources disclosed that these courts had the authority

to decide civil and criminal cases accept those involing trail for an

offence committed with violence i.e Sahasna. They had no

authority to administer sentences of fines and corporal punishment.

The matter of this nature had to go before the king, who alone had

the power to execute such sentences if it met with his approval.

Besides, sahasna matters, the popular courts were almost

autonomous in their powers of investigation and the decision of the

disputes in their own jurisdiction. Narada has gone to extent of

declaring people’s courts independent in their affair equal to a

king.

The king of the country happens to be upper most and

supreme court for civil and criminal cases in his kingdom. In case

of grave crimes or when the condemned party refuse to obey the

judgment of local court, the court of king was concerned with

litigation.

Though the popular court where essentially non official,

they had still the royal authority behind them nad were sanctioned

by the king. The decision s of these courts were authoritative in

nature and the government was bound to execute their decrees

because the state had delegated these powers to them. The govt.

had a considered policy that these popular courts should flourish, it

refuse to entertain any suit accept in appeal against their decisions.

5

Lok Adalat

The people’s courts were empowered to impose fines or

awards imprisonment, banishment depending in the nature of cases

decides by them. Fines, mutilation and death sentence were in

vogue. Fines were most common. Those sentenced to

imprisonment were often made to work on roads and in public

places, so that there should be a deterant effect. In early times the

punishment for the murder of a Brahmana was a thousand cows,

for that of a Kshatriya five hundred cows, for that for Vaisya

hundred cows and for that of a sudra only ten cows.

JUDICAIL PROCEDURE OF THE POPULAR COURTS

The whole judicial proceeding was devided into four

main heads.

1 The plaint ( Bhasa Pada or Pratijna)

2 The reply ( or written statement )

3 The proof ( or evidence on behalf of the plaintiff and the

defendant i.e Kriya Pada or Sadhna )

4 The decision (or judgment) ( Nirnaya )

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Lok Adalat

Concept of Alternative Dispute Resolution Vis-à-

vis Lok Adalat

INTRODUCTION

In the present set up of democracy in India equal justice for all is a

cardinal principle on which entire system of administration justice

is based. It is so deep rooted in the body and spirit of common

spirit of common law as well as civil law Jurisprudence that the

very meaning which we ascribe to the word “Justice” embraces it.

We cannot conceive of justice which is not fair and equal, which is

given to one and denied to another. In democracy, Judiciary in one

of the organs of the State and without it, democracy cannot be

successful. The Public confidence in the Courts depends on the

efficiency and integrity of the Judiciary. In our country where

People consider the Judges only second to God, efforts to be made

strengthen that belief of the common men. It now widely

acknowledge that ‘Justice delayed is Justice denied’. It is of

common knowledge that existing Justice system is not able to cope

up with the increasing burden of cases. It is often said that our

Judiciary has come under great stress and is crumbling under its

own weight. The deficiency lies in that adversarial nature of

Judicial Process which is time consuming and more often Proce-

dure oriented. In a rapidly developing society human needs are

7

Lok Adalat

bound to multiply resulting in conflict of interest people became

more conscious about their rights and litigation becomes an

inevitable part of their life due to rising incidence of dispute

among them. Judicial mechanism finds it difficult to cope up with

the enormous case load. We have no other choice but to

immediately device effective. Alternative Dispute Resolution

Mechanism (ADRM) to ease the present burden of Judicial

functioning. The settlement of disputes outside the scope of the

formal legal system may be called an alternative means of

settlement of dispute. The Primary object of ADRM is to provide

cheap Simple quick and effective remedy. In ADR process the

disputes are settled with the assistance of a neutral third person.

The emergency of alternative dispute resolution has been one of

the most significant movements as a part of conflict management

and judicial reform, and it has become a global necessity.

The Arbitration and Conciliation Act, 1996 laid down the

minimum standards, which are required for an effective ADRM.

Further the amendment of the Code of Civil Procedure, 1908 will

give a boost to ADR Section 89 (1) of CPC now deals with the

settlement of disputes outside the Court Lok Adalit has also been

proved to the very effective ADR.

HISTORICAL BACK GROUND OF ADR AND LOK

ADALAT

8

Lok Adalat

There is considerable evidence was ADR was widely used in

ancient India. The history of the evolution of Lok Adalats, popu-

larly known as people's Court, goes back to vedic times when the

king in return for taxes paid to him by the people performed the

duty of a Judge.1 The Vedic king wielded authority as the head of

the Judiciary and claimed himself as the upholder of dharma of law

like Varuna2 Dharmasutras discloses that king started delegated his

judicial authority to his royal officers who were the members of

village assembly known as the sabah3. The most pronounced

feature of Hindu polity was that the law was administered by the

Sabha normally it was the Sabha or popular village assembly rather

than the king who ride to arbitrate when it was feasible to do so.4

There were functioning two seats of courts simultaneously, viz.,

the Royal Courts and popular courts i.e., Lok Adalat5. We find

mentioning of popular courts for the first instance in Yajnavalkya

smiriti. He Mention three types of popular Courts viz. (a) puga (b)

sreni and (c) Kula.6

Puga (Neighbouhood assemblies) srenis (guilds of a particular

occupation) and Kula arbitration tribunals like modern panchayats

or the Lok Adalats of Today. There were Nyay Panchayats at 1 Birender Nath , judicial administration in ancient India (1979) P-272 Rigveda IV 43 : VII 89.53 R.C.Majumdar the history and culture of the Indian people :The Vedic age (1965) Vol. 1.P.4944 Parmatama Saran , ancient India political thought (1982) p.4785 Parmatama Saran , ancient India political thought (1982) p.471

6 A.S.Atlekar of cit . P.246

9

Lok Adalat

grass-roots level before the advent of the British system of Justice.

Even in day-to day affairs in respect of some categories of disputes

ADR procedure of sorts are invoked without fanfare and

something without conscious thought, e. g. disputes within the

family, between friends and between neighbor’s disputes involving

employers and employees, etc.7There was provision for arbitration

in the code of civil Procedure. Such alternatives means of dispute

redressal system was recognized by the presidency Courts i.e.

Calcutta, Bombay and Madras.

Firstly the Arbitration Act, 1889, was enacted, which was modeled

on the basis of the British Arbitration Act, 1889. The Arbitration

Act, 1899 was substituted by the Arbitration Act, 1940.

However, certain provisions of the Arbitration Act, 1899 and

schedule of the code of civil procedure 1908 had have been

incorporated in the Arbitration Act, 1940. This act of 1940 dealt

with the domestic arbitration. This act for the first time provided

for a uniform law arbitration throughout India. The ac of 1940 has

been replaced by the arbitration and Conciliation Act, 1966. The

Govt. of India decided to repeal the arbitration Act 1940 and

replace it by a modern and efficient arbitration system. Thus the

arbitration and conciliation Bill, 1995 was firstly introduced in the

Rajya Sabha on 16th May 1995.

7P.V Kane , History of Dharamsutras

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Lok Adalat

After undergoing the entire procedure the bill was finally passed

on 22nd July 1996 and by the Lok Sabha on 2nd August 1996. The

Act of 1996 received the assent of the President on 16 th August

1996.and came into force on 22nd August 1996. Since the amended

Section 89 and order X (IA) of the code, through was introduced in

1999, due to wide spread opposition to the amendment from the

practicing bar, it came into force from July 2002.

The New Arbitration and Conciliation Act 1996 based on

UNCITRAL model Law proposals of the Geneva Convention,

New York Convention and the Act, 1996 also contain certain

provisions of the Arbitration Act 1940. In present Act, domestic

arbitration besides conciliation have been recognized with the view

to settle the domestic and international commercial disputes by the

alternatives means of dispute resolution.

Litigation does not always lead to satisfactory results. It is

expensive in terms of time and money. A case won or lost in a

Court of law does not change the attitude the litigants who

continue to be adversaries and go on fighting in appeals after

appeals ADR system enables to change the approach of the parties.

Hence, ADR is becoming very popular in India.

Need for ADR

ADR refers to all those methods of resolving a dispute which are

alternatives for litigation in the courts. With the evolution of

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Lok Adalat

modern states and sophisticated legal mechanism, the courts run on

very formal process and are presided over by trained adjudicators

entrusted with the responsibilities of resolution of disputes on the

part of the state. The seekers of the justice approach the courts of

Justice. 8 They do not take the law into their own hands as they

believe that hey would get Justice from the courts. It is the

obligation of Judiciary to deliver quick and inexpensive justice

shorn of the complexities of procedure. 8However the reality is that

it

takes a very long time to get justice through the establishedcourts

system. Obviously this leads to a search for alternative

complementary and supplementary mechanism to the process of

the traditional civil court for inexpensive, expeditious and less

cumbersome and also less stressful resolution of disputes. ADR

which provided procedural flexibility saved time and money and

avoided stress of a conventional trail. This system effectively

reduces the work load of the court.

ADR process is consensual and voluntary processes, which are

chosen by the parties to the dispute. These processes are

expeditious. ADR process is flexible which is handled and

resolved through an ADR agreement. They have been employed

with very encouraging results in several categories of disputes;

8 Rusel on Arbitration 20th Ed . P.1

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Lok Adalat

especially civil, commercial, industrial and family disputes. ADR

offers the best solution in respect of commercial disputes of an

international character.

ADR has become a global necessity. In recent times, methods of

alternative dispute resolution have emerged as one of the most

significant movement and judicial reform. Many more alternatives

to the litigation have emerged. ADR is now an integral part of

modern legal system.

Methods of ADR

ADR is the major alternative of Court litigation. There are

different ADR mechanisms exist for resolving disputes outside the

courts. The choices of ADR method largely depends on the nature

of the dispute and relation to the parties. The main methods of

ADR are negotiation, mediation, conciliation, arbitration,

consumer forums, judicial settlement, Lok Adalat.

Out of the ADR methods which are being used arbitration and

conciliation and Lok Adalat also a have received legislative

recognition. A brief description of various ADR methods used as

follows:-

1. Negotiation- Negotiation is a non binding procedure in which

discussions between the parties are initiated without the

intervention of third party with the object of arriving at a

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Lok Adalat

negotiated settlement of dispute. Thus, negotiation provides

quicker and effective remedy thereby safeguarding the

privacy of the parties.

2. Conciliation and Mediation- Conciliation is a non-binding

procedure in which an impartial third party, the conciliator

assist the parties to a dispute in reaching a mutually agreed

settlement of the dispute conciliation is often held to be a

contractive approach which are justifiable in nature. A

conciliator himself draws up the terms of an agreement for

settlement after having detailed discussion with the parties to

the dispute. Generally conciliation is made through a

conciliator or conciliation committee. Conciliation help the

parties to a dispute reach an amicable settlement.

Mediation- Mediation involves act of a neutral third party to

facilitate the settlement of dispute between the two

contending parties. A mediator is usually take to be a person

accepted by the disputants themselves and his role is to help

them, he tries to persuade the parties to reach a compromise.

He may see each party privately and listen to its view point

and impress upon each party to understand the new point of

each party. His main function is to bring each parties together

so that they can arrive at an agreement solution to the

dispute.

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Lok Adalat

3. Arbitration- Arbitration is a procedure in which the dispute is

submitted to an arbitral tribunal which makes a decision (ari

award) on the dispute that is binding on the parties. The

main objects of arbitration are speed, economy, convenience

and simplicity of procedures.

Under section 1 of the Encyclopedia of the laws of England,

the term arbitration means settlement of a dispute by the

decision not a regular and ordinary Court of Law but one or

more persons who are called arbitrators. The essence of

arbitration is that some dispute is referred to y the parties for

settlement to a tribunal of their own choice instead of Court.

Lok Adalat

The Indian legal system has evolved a new technique of alternative

dispute resolution (ADR) which is popularly known as Lok Adalat

System. Lok Adalat is a old concept. The roots of Lok Adalat can

be traced back to vedic times the period of Kautilya. Gautma,

Brihaspati and Yajnavalkya. These were then known as peoples

Courts. Kula Court, resolution mechanism is gaining favours. Lok

Adalats have gained popularity as peoples Courts The institution of

Lok Adalat in India, as the very name suggests, means people’s

Court . “Lok” Stands for “People” and the vernacular meaning of

the term “Adalat” is the Court. This system is based on Gandhian

principles. It one of the components of ADR system. As the Indian

15

Lok Adalat

Court are overburdened with the back log of cases and the regular

Courts are to decide the cases involve lengthy expensive and

tedious procedure. The Court take years together to settle even

petty cases. Lok Adalat, therefore provides alternative resolution

or devise for expedious and inexpensive Justice at the very door

steps of the people. Experiment of Lok Adalat as an alternatives

mode of dispute settlement has come to be accepted in India as a

viable, economic, efficient and informal one. This programme has

become very popular both in the rural as well as urban areas.

The ancient concept of settlement of dispute through mediation,

negotiation or through arbitral process known as “people” Court

verdict or decision of “Nyay Panch” is conceptualized and

institutionalized in the philosophy of Lok Adalat. Some people

equate Lok adalat to conciliation or mediation some treat it with

negotiations and arbitration. Those who find it different from all

these, call it “people’s Court”. It involves people who are directly

or indirectly affected by dispute resolution. The salient feature of

this form of dispute resolution are participation, accommodation,

fairness, expectation, voluntariness, neighbourliness, transparency,

efficiency and lack of animosity.

Lok Adalat owes its origin to the constitutional acceptance of legal

aid under Article 39-A (Part IV). It was inserted by 42nd

Amendment Act 1976 which provide for “ equal justice and free

16

Lok Adalat

legal aid by suitable legislation or scheme or in any other way to

ensure that opportunities for securing Justice are not denied to any

citizen by reasons of economy or other disabilities”. But even

thereafter it took more than a decade that the legal Services

Authority Act 1987 was enacted and enforced. It may be

considered work of great relief to the litigant public in the country.

Lok Adalak have worked very well and satisfactory in our country.

The Lok Adalat movement initially started in Gujarat in March,

1982 and now it has been extended throughout the country. The

first Lok Adalat was held on March 14, 1982 at Junagarh in

Gujarat- the land of Mahatama Gandhi. Lok Adalats have been

very successful in settlements of disputes- particularly motor

accident claims cases matrimonial/ family disputes, labour disputes

relating to public services such as an telephone electricity bank

recovery and also in criminal cases so on.Lok Adalat (people’s

courts), established by the government settles dispute through

conciliation and compromise. The First Lok Adalat was held in

Chennai in 1986. Lok Adalat accepts the cases which could be

settled by conciliation and compromise, and pending in the regular

courts within their jurisdiction. 

The Lok Adalat is presided over by a sitting or retired judicial

officer as the chairman, with two other members, usually a lawyer

17

Lok Adalat

and a social worker. There is no court fee. If the case is already

filed in the regular court, the fee paid will be refunded if the

dispute is settled at the Lok Adalat. The procedural laws, and the

Evidence Act are not strictly followed while assessing the merits of

the claim by the Lok Adalat. 

Main condition of the Lok Adalat is that both parties in dispute

should agree for settlement. The decision of the Lok Adalat is

binding on the parties to the dispute and its order is capable of

execution through legal process. No appeal lies against the order

of the lok adalat

Lok Adalat is very effective in settlement of money claims.

Disputes like partition suits, damages and matrimonial cases can

also be easily settled before Lok Adalat as the scope for

compromise through an approach of give and take is high in these

cases. 

Lok Adalat is a boon to the litigant public, where they can get their

disputes settled fast and free of cost.

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Lok Adalat

WHAT IS LOK ADALAT?

1.       It is a judicial institution developed by the people themselves

for social justice.

2.       It settles litigation by negotiation, arbitration or conciliation.

3.       It is a dispute settlement agency.

4.       Lok Adalats are not alternative to the existing courts. They are

only supplementary to the courts.

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Lok Adalat

WHY LOK ADALATS?

1.       Judicial justice is much despised in our country by the common

man because of the ruinous cost of litigation, far too technical legal

process, prolonged litigation and inordinate delay in disposal of

cases.

2.       This form of redressal is needed for enabling the common

people to ventilate their grievances against the state agencies or

against other citizens and to seek a just settlement if possible.

3.       There are certain definite advantages of this institution.

4.       The parties are saved from extremely technical court

procedures, which are followed in a regular court.

5.       They are saved from protracted litigation, anxiety, bitterness

apart from the saving of expenses of court fees and other expenses,

which they are likely to incur in future litigations by way of further

appeal etc.

6.       The organization of Lok Adalat is informal and flexible. Apart

from some minimum requirements in respect of procedures and

approaches, the rest of the exercise is simple and varied as the

nature of the problems and the culture of the community demand.

20

Lok Adalat

7.       The following types of cases can be brought before the Lok

Adalats;

(a)Pre-litigation cases i.e. the disputes, which have not yet gone to

the law courts.

(b)Pending cases i.e. the disputes, which have already gone to the

law courts.

Merits of Lok Adalat

1. There is no Court-fee and if Court fee is already paid the

amount will be refundable if the dispute is settled at Lok

Adalat according to rules.

2. The basic features of Lok Adalat are the procedural

flexibility and speedy trail of the dispute. There is no strict

application of procedural law wihile accessing the claim by

Lok Adalat.

3. The parties of the dispute can directly interact with the Judge

through their counsel which is no possible in regular Court of

Law.

4. The award by the Lok Adalat is binding on the parties to the

dispute and its order is capable of execution through legal

process. No appeal lies against the order of the Lok Adalat.

21

Lok Adalat

In every respect the scheme of Lok Adalat is boon to the

litigant public where they can get their disputes settled fast

and free of cost.

Legislative Recognition

Lok Adalats have been given statutory recognition by Legal

Services Authorities Act 1987. Pursuant to the constitutional

mandate in Article 39-A of the Constitution in India, contains

various provision for settlement of disputes through Lok Adalat.

With the object of providing free legal aid. Govt. of India had, by a

resolution dated the 26th September, 1980 appointed the

“Committee for Implementing Legal aid schemes (CILAS) under

the chairmanship of Mr. Justice P.N. Bhagwati. The committee

prepared a draft legal aid program which could be applicable

throughout India. It is on the basis of the recommendations and the

draft legal aid programme which could be applicable throughout

India. It is on the basis of the recommendations and the draft

outlined by the committee that the Legal Services Authorities Act

1987.9 was passed to establish statutory legal services authorities.

It is also contained that provision relating to Lok Adalats.

9 Received the assent of the president on Oct 11. 1987 and published in the gazette of India, Extra pt II. S. I dt . Oct 10.1987 pp- 1-12

22

Lok Adalat

This Act was finally enforced on 9th November, 1985 after certain

amendments were introduced therein by the Amendment Act 1994.

It provides for constitutional National Legal Services Authorities at

the Central Level and the state Legal Services Authority in States.

Section 19 to 22 of the Act contain provisions relating to the

composition, function, jurisdiction etc. of Lok Adalats which are

given statutory status and recognition under the Act. It is also

contains the provisions dealing with preventive legal and

services, legal literacy and para legal services which needs to be

extended to the remotest areas for the benefit of the rural

population.

Thus the ancient concept of Lok Adalat has now statutory basis. It

is an act to constitute legal services authorities to provide free and

competent legal services to the weaker section of the society to

ensure that opportunities for securing justice are not denied to any

citizen by reasons of economic or other disabilities and to organize

Lok Adalats to secure that operations of legal system promotes

Justice on the basis of equal opportunity. In pursuance of the

objects of the Act, Permanent Lok Adalat have been established.

The system of the Lok Adalat has also been included as an ADR

under Section 89 (1) of CPC by 2002 amendment.10

10 Civil Judicial Reform and ADR (2002) 6 CLA-BL-Supp.(Mag)

23

Lok Adalat

Some of the relevant sections from the Legal Authority Act, 1857

are quoted as under:-

Section 19

1. Central, State District and Talauk Legal Services authority

has been created who are responsible for organizing adalats.

2. Conciliation for Lok Adalat compromise the following:

a. A sitting or retired judicial officer

b. Other persons of repute as may be prescribed by the

State Govt. on Consultation with the chief Justice of

High Court.

Section 20

Case can be referred for concideration of Lok Adalat as under:-

1. By consent of both the parties to he disputes.

2. One of the parties makes an application for reference.

3. Where the court is satisfied that the matter is an appropriate

one to be taken cognizance of y the lok adalat.

4. Compromise settlement shall be guided by the principles of

Justice, Equity, fair play and other legal principles.

24

Lok Adalat

5. Where no compromise has been arrived at through

conciliation the matter shall be returned to the concerned

Court for disposal in accordance with law.

Section 21

The provision relating to settlement or award made by the Lok

Adalat are contained in this section. The section provides that

every award of the Lok Adalat shall be deemed to be a decree of a

civil Court. Therefore, the award needs not to be referred to the

Court for consent decree. The section further provide that every

award made by the Lok Adalat shall be final and binding on all the

parties to the dispute and there shall be no appeal against such

award.

In the case of P.T Thomas V.Thomas Job,11 the Supreme Court

held that the award of the lo adalat is not the result if a contest on

merits it is as equal and on a par with a decree on compromise and

will have the same binding effect and be conclusive as decree of a

Court. The Court futher held that Lok Adalat award being passed

with consent of parties, no appeal shall be lie there from as

provided under section 96 (3)12 CPC furthermore, the same cannot

be challenged under any of the remedies available under law,

including by invoking Article 226 of the constitution. The award

passed by the Lok Adalat is the decision of the Court itself through 11 (2005) 6 SCC47812 No appeal shall lie from a decree passed by the court with the consent of parties

25

Lok Adalat

arrived at b the simpler method of conciliation instead of the

process of argument in Court.

Section 22

Every Proceeding of the Lok Adalat shall be deemed to be judicial

proceedings for the purpose of:

1. Summoning of witnesses

2. Discovery of documents

3. Receiving evidences of Affidavits

4. Requisitioning of public record

5. such other matters as may be prescribed.

Landmark Decision of Hon’ble Delhi High

Abdul Hasan and National Legal Services Authority

- Petitioner Vs. Delhi Vidyut Board and others -

Respondents.13

Facts of the Case - The petitioner filed a writ

petition before Delhi High Court for restoration of

electricity at his premises, which was disconnected

by the Delhi Vidyut Board (DVB) on account of

13Court AIR 1999 Delhi Page- 88

26

Lok Adalat

non-payment of Bill. Inter alia, the grievances of the

citizens were not only confined to the DVB but also

directed against the State agencies like DDA,

Municipal Corporation, MTNL, GIC and other

bodies, Court notices were directed to be issued to

NALSA and Delhi State Legal Service Authority.

Judgment Held- His lordship Hon’ble Mr. Justice

Anil Dev Singh passed the order giving directions

for setting up of permanent Lok Adalats. The

scholarly observations of His Lordship Mr. Justice

Anil Dev Singh deserve special commendations and

are worthy of note. It will be profitable to reproduce

the important text and abstract from this judgment,

which should be an eye opener for all of us. It should

also steer the conscience of all, as there is an

increasing need to make Lok Adalat movement

permanentfeature.

Article 39 A of the Constitution of India provides for

equal justice and free legal aid. It is, therefore clear

that the State has been ordained to secure a legal

system, which promotes justice on the basis of equal

opportunity. The language of Article-39 A is

27

Lok Adalat

couched in mandatory terms. This is made more than

clear by the use of the twice-occurring word “shall”

in Art-39 A. It is emphasized that the legal system

should be able to deliver justice expeditiously on the

basis of equal opportunity and provide free legal aid

to secure that opportunities for securing justice are

not denied to any citizens by reasons of economic or

other disabilities. It was in this context that the

parliament enacted the Legal Services Authority

Act-1987.

The need of the hour is frantically beckoning for

setting up Lok-Adalats on permanent and continuous

basis. What we do today will shape our tomorrow.

Lok Adalat is between an ever-burdened Court

System crushing the choice under its own weight

and alternative dispute resolution machinery

including an inexpensive and quick dispensation of

justice. The Lok Adalat and alternative dispute

resolution experiment must succeed otherwise the

consequence for an over burdened court system

would be disastrous. The system needs to inhale the

life giving oxygen of justice through the note.

28

Lok Adalat

If we closely scrutinize the contents of the decision

of Delhi High Court, there has been an alarming

situation of docket-explosion and the ultimately

remedy is the disposal of cases through the

mechanism of Lok Adalat.

Setting up of permanent Lok Adalats

The parliament amended the Legal Service Authorities Act, 1987

with the intention to constitute permanent Lok Adalats for deciding

the disputes concerning ‘Public Utiity Services’.

The legal services Authority (Amendment) Bil, 200214as passed by

the parliaments during the budget session ending May assent on

June 11, 2002. This amendment came into effect from November

9, 2002, 9th of November is celebrated every year by all legal

services authorities as “Legal Services Day”. The amendment

seeks to establish permanent Loks Adalats with a chairman of the

status of a District Judge or an Additional Judge or even higher

status Judge and two other persons with adequate experience in

public utility services to adjudicate matters connected with:

14 Ins. By Act 37 of 2002 (Sec. 22A to Sec22E)

29

Lok Adalat

Transports Services of passengers or goods by air, road and

water;

Postal, telegraph or telephone service;

Supply of power, light or water to the public by any

establishment;

Public conservancy or sanitation;

Services in hospital or dispensaries

Insurance Services

With a primary jurisdiction upto Rs. 10 lacs with a provision that

the Central Government may increase the monetary jurisdiction of

Public Utility Services by amendment in the rules only and without

going to the parliament. The permanent Lok Adalat will adjudicate

pre-litigative disputes and its awards will be binding within the

meaning of Civil Procedure Code.

Thus we can say the success of Lok Adalat in India is tremendous.

Lok Adalat has provided an important Juristic technology and vital

tool for easy and early settlement of disputes. It has been proved to

be a successful and viable national imperative and in combency,

best suited for the large and higher sections of the present society

and Indian System.

30

Lok Adalat

NATURE AND SCOPE OF LOK ADALAT

SYSTEM

Lok Adalat means people’s court which resolves the disputes

of parties by discussion, counseling, persuation and conciliation

with the mutual and free consent of the parties. Lok Adalat works

as supplementary to the Judicial System to reduce the mounting

arrears. Lok Adalat makes voluntary settlement between parties of

a dispute at pre-litigative and the post-liitgative statge.15 Under

Section 19, Lok Adalat can be organized by various legal services

authorities or committees16 at such intervals and places and for

exercising distinct and separate jurisdiction over areas as it thinks

fit.

Lok Adalat have jurisdiction to determine and arrive at a

compromise or settlement between the parties to a dispute in

respect of any matter falling within the jurisdiction of any civil,

criminal or revenue court or any tribunal constituted under any law

for the time being in force in the area for which the Lok Adalat is

organized. But any matter relating to an offence not compoundable

15 The Legal Service A uthorities Act , 1987 Section 19(5)16 Every state authority or district authority or the supreme court legal service authority committee or every high court legal service authority committee or legal service committee

31

Lok Adalat

under any law cannot be decided by the Adalat even if the parties

involved therein agree to settle the same.17

The Parliament amended the Legal Services Authorities Act

in 2002, and by this amendment, the Central Authority or every

State Authority has power to establish Permanent Lok Adalat at

such places and for exercising such jurisdiction in respect of one or

more public utility services and for such prescribed areqa.39

According to Sec. 22A(b) “Public Utility Service” means any

transport service or the carriage of passengers or goods; postal,

telegraph or telephone services; supply of power, light or water to

the public by any establishment; system of public conservancy or

sanitation; service in hospital or dispensary; or insurance service;

and include any service which may be declared to be a public

utility service by Central Government or State Government.

Permanent Lok Adalat also have jurisdiction to settle the

compoundable criminal offences and the matter where the value of

property in dispute does not exceed ten lakh rupees.18 So, the scope

of Lok Adalat is very wide so as to include all types of matters

except the non-compoundable criminal offences.

17 Sukhal v. State of U.P ,2002 Cr L.J (All) 152418 The Legal Service Authorities Act ,1987 Section 22b (1)

32

Lok Adalat

STRUCTURE AND PROCEDURE OF LOK

ADALAT

There are two kinds of Lok Adalat (i) Lok Adalat (ii)

Permanent Lok Adalats. Under Section 19(2), Every Lok Adalat

organized for an area shall consist of such number of (a) serving or

retired judicial officer and (b) other reputed persons as prescribed

by the concerned authority.

Every Permanent Lok Adalat established for an area shall

consist of (a) a person who is, or has been, a district judge or

additional district judge or has held judicial office higher in rank

than that of a district judge, shall be the chairman of the Permanent

Lok Adalat; and (b) two other persons having adequate experience

in public utility service to be nominated by the Central

Government or by the State Government.

The disputes can be referred to Lok Adalat by mutual consent

of parties or at the request of one of the parties or by the court suo

motu where the court is satisfied that the matter is an appropriate

one to be taken cognizance by the Lok Adalat. However, as per the

proviso of Section 20, any reference of dispute to Lok Adalat will

be invalid if the parties are not heard in the matter. Lok Adalat

cannot take cognizance of the case unless it gives a reasonable

33

Lok Adalat

opportunity to the parties of dispute.19 A dispute may be referred to

the Permanent Lok Adalat on the application of any party to

dispute for the settlement of dispute and after such application no

party to that application can invoke jurisdiction of any court in the

same dispute.

Lok Adalat settle the disputes on the basis of compromise

and conciliation between the parties and if the parties fail to arrive

at any amicable settlement, then the case is either returned to court

of law or the parties are advised to seek remedy in a court of law.

While, if disputes are not settled in the Permanent Lok Adalat, then

it can decide the disputes on the basis of merit. The Lok Adalats or

Permanent Lok Adalats shall be guided by the principles of natural

justice, objectivity, fair play, equity and other principles of justice.

These adalats are not bound to follow the Civil Procedure Code

and the Indian Evidence Act. amicable settlement, then the case is

either returned to court of law or the parties are advised to seek

remedy in a court of law. While, if disputes are not settled in the

Permanent Lok Adalat, then it can decide the disputes on the basis

of merit. The Lok Adalats or Permanent Lok Adalats shall be

guided by the principles of natural

19 The Legal Service Authorities Act ,1987 Section 22C

34

Lok Adalat

A Lok Adalat or Permanent Lok Adalat shall be deemed to

be a civil court.20 Every Lok Adalat or Permanent Lok Adalat

enjoys the same power as that of a Civil Court in summoning and

enforcing the attendance of any witness; examining him on oath;

reception of evidence on affidavits; requisition of any public

record or document or copy thereof from any court or office and in

all other matter prescribed under the rules. Every award of Lok

Adalat or Permanent Lok Adalat shall be final and binding on all

the parties to the disputes and the award shall be deemed to be

decree of Civil Court. 21 The award of Lok Adalat is an order by the

Lok Adalat under the consent of the parties, therefore, an appeal

shall not lie from the award of the Lok Adalats. 22

20 The Legal Service Authorities Act ,1987 Section 22(2)21 Commissioner of Karnataka State Public Instruction (education) v. Simpi , AIR 2001 Kant 504

22 The Legal Service Authorities Act ,1987 Section 22

35

Lok Adalat

GOAL OF LOK ADALAT: MEASURES FOR

ITS ACHIEVEMENT

There is a Latin maxim that “interest reipublicae ut sit finish

litimus” it is the interest of the State that there should be an end of

law suits.

The concept of Lok Adalat is based upon to achieve this goal.

In Lok Adalat the cases are decided on the basis of amicable

settlement. Settlement by compromise ends litigation. A Lok

Adalat is a rustic tribunal based on the concept of village

panchayat. Most of the litigation in our Court is rural. A judicial

system based on common law and strict rules of procedure is not

common law and strict rules of procedure is not suited to our

primitive rural society. Therefore a different system is needed. The

concept of Lok Adalat derives from this requirement. Lengthy

procedure and healthy life of litigation also contribute to develop

something different from ordinary law Courts.

As nomenclature denotes it is a Court of ordinary masses

where a litigant can express his grievances by open mind, without

hesitation and directly to the Court. It is something different from

Court of law. It aims towards conciliation between confliction

interest and justice. When conciliation fails a Lok Adalat is not

empowered to adjudicate the matter except in case of public utility

36

Lok Adalat

services. Therefore the scope of Lok Adalat is limited to cases

when parties are at settlement and have resolved their disputes. In

our civil and criminal procedural law there is an effective provision

for compounding of offences and compromise of cases. The parties

can very well settle their disputes and end the litigation in regular

Courts. When there is a provision for compromise and Courts

generally accept the compromise application, then what is the need

to constitute another forum or compromise? The answer is that a

settlement between the parties takes place on the basis of positive

advice and good counseling which can not be possible in regular

Courts. Therefore a different tribunal is needed in which the

pedestal of high office does not appear and the parties are able to

express their mind and the person behind the bench can also

reciprocate the same. With the above object a social worker and

advocates are also included in the Bench. In order to achieve a

fruitful result of the concept of Lok Adalat, a pragmatic provision

u/S. 89 C.P.C. have been included in which a duty is canst upon

the Court to formulate the terms of settlement and after

observation, the Court refer the same of arbitration, conciliation,

judicial settlement through Lok Adalat or mediation.

Although our judicial machinery is very keen to achieve the

high graph of figures of case settled in Lok Adalat but even then

the system is not providing good results. The regular Courts send a

37

Lok Adalat

number of cases to the Lok Adalat but only few are settled. In most

of the case litigants are absent in the Court or sometimes one party

may come but other party may not come. Some times both the

parties are present but their counsel may not be present. According

to section 8 of the scheme of Lok Adalat, in Madhya Pradesh the

sitting of Lok Adalat are held only on holidays or Sundays. In

holidays and Sundays most of the lawyers are busy with their

clients. Only for one case it is inconvenient for them to come to the

Court on holidays therefore mostly they do not turn up. In that

situation it will only be a coming and going affairs of the judicial

officers. The above circumstances frustrate the purpose of Lok

Adalat.

Section 21 (1) of the Legal Services Authorities Act also

provide for refund of Court fees in cases settled in Lok Adalat.

Even then the results is not encouraging. Sometimes the parties are

ready to compromise before the regular Courts but the cases are

adjourned to put the case before the Lok Adalat to provide the

benefit of refund of Court fees or to achieve the high graph of

cases settled in the Lok Adalat. It seems that presently the concept

of Lok Adalat is in a primitive stage and require a new imagination

to meet the above situation. Therefore we must explore the reasons

behind its unsuccessfulness and try to eradicate it.

Scheme relating to Civil Cases

38

Lok Adalat

(1) Every civil case is to be presented before that

designated Lok Adalat according to the amended provisions of

C.P.C. The Lok Adalat may follow the procedure provided in order

1 to 10 C.P.C. relating to parties of suit, frame of suit, institution of

suits, service of summons, pleadings, plaint, written statement,

consequence of appearance and non appearance of parties and

examination of parties.

(2) On first date when case is presented before the Lok

Adalat, the plaintiff may be asked about what is his expectation or

on” what term he would be able to compromise the case. His

answer is to be recorded, which may be useful for future

negotiations with the defendant.

(3) The plaintiff should pay the process fees and file the

copy of plaint according to the number of defendants with the

filling of plaint. The plaintiff shall also file all the documents. The

Court may issue a summons with a copy of plaint to the defendant.

When the defendant appear and file the written statement and the

documents, the Court shall examine both the parties as per the

provisions of Order X Rule (2) C.P.C. This provision is mandatory

but are not being followed in all cases. Rule (2) & (3) are

important for present purpose which reads as follows:-

2. (1) At the first hearing of the suit, the Court – s

39

Lok Adalat

(a) shall, with a view to elucidating matters in controversy in

the suit, examine orally such of the parties to the suit appearing in

person or present in Court, as it deems fit; and

(b) may orally examine any person, able to answer any

material question relating to the suit, by whom any party appearing

in person or present relating to the suit, by whom any party

appearing in person or present in Court or his pleader is

accompanied.

(2) At any subsequent hearing, the Court may orally examine

any party appearing in person or present in Court, or any person,

able to answer any material question relating to the suit, by whom

such party or his pleader is accompanied.

(3) The Court may, if it thinks fit, put in the course of an

examination under this rule question suggested by either party.

3. The substance of the examination shall be reduced to

writing by the Judge, and shall form part of the record.

The examination of parties is much more important to the

Lok Adalats. By examining the parties a Lok Adalat would be able

to know the real facts of the dispute. At this stage the pleadings

and documents have been filed. On the basis of pleadings and

documents the question asked by the Judge must disclose the facts

which may not be in the pleadings and documents. The questions

40

Lok Adalat

may be asked to explore the possibility of settlement which may be

extended to the question ns not relating to the case or totally

irrelevant with the case. After recording the statement, the Lok

Adalat may conversant with the parties and their pleaders about

possible settlement. At this juncture the counselors of the Lok

Adalat may make an effort to convince the parties and help them in

making decision. Keeping in view the pleadings, documents,

statements and observation of the parties, the Lok Adalat may

formulate the terms of compromise. It may give them to the parties

for their observation and after receiving the observation of the

parties the Lok Adalat may reformulate the terms of a possible

settlement. The Court may invite the proposed compromise from

both the parties. If both the party reach at some settlement it may

pass an award which may be signed by both the parties and binding

on them. In order to arrive at some settlement the Court may

postpone the proceeding for future date but the case should not be

adjourned for more than three dates.

Scheme regarding criminal cases

(1) After framing the charge the criminal Court may

transfer all the compundable criminal case to the Lok Adalat. In

compoundable cases the charge is to be framed on the first date

after filing of challan.

41

Lok Adalat

(2) The Lok Adalat shall issue a summons to the

complainant or any other person who is competent to compromise

the case. When the complainant come before the Court he may be

asked to state the realities of incident any may also be asked

whether he is ready for compromise. At this juncture the Court,

advocates and counselors of the Lok Adalat may negotiate with the

parties about composition. If the parties are ready to compromise,

the Lok Adalat shall acquit the accused from the charge

(3) If even after a sincere effort the Court is of opinion that

the composition is not possible, the Court shall send the record of

the case with accused, complainant and other witnesses present in

the Court, to the Court having jurisdiction for trial on the same

day. If it is possible for the trial Court, it shall record the statement

of the complainant and other witnesses on same day otherwise fix

another date and proceed according to law.

The above some scheme increases the burden of Lok Adalat.

The successfulness of the scheme depends much more on the

competency of presiding Judge of the Lok Adalat. His personality

and legal knowledge play an important role in the process of

settlement. His judicious advice reduce the passion of parties and

the fighting parties may come down and a settlement may be

possible. Therefore the services of high caliber Judges are

42

Lok Adalat

required. So the good and experienced Judges of the district may

be deputed to the designated Lok Adalats.

Exclusion of other person from the bench of Lok Adalats

Section 19 of the Legal Services Authorities Act and the

scheme of Lok Adalat made u/S. 4(b) of the Act, provides that the

bench of Lok Adalat shall comprise (i) a sitting or retried judicial

officer, (ii) a member of legal profession and (iii) a social worker

preferable woman. These private persons have been included in the

bench of Lok Adalat with a view to provide a considered and

justified advice to the litigants so that they become able to resolve

their dispute. Their position cannot be said to be more than as a

counselor. The settlement or compromise between the parties is

justified or not is a matter which may be decided by the judicial

authority. The private member can play no role in this regard. The

services of private persons are no longer required for decision of a

case. Therefore there is no need to include them as member of

bench instead they can be included as a counselor of the Lok

Adalat.

General

(1) The counseling and compounding process shall be held

in open Court with the help of parties, their counsels, social

workers, eminent persons or other law knowing persons.

43

Lok Adalat

(2) So many criminal cases be compounded if adequate

compensation are given to aggrieved party. The civil dispute may

also be settled by paying money to the losing party, therefore a

Lok Adalat may consider about the quantum of compensation

which may be awarded to the aggrieved party in civil and criminal

cases. A number of claim cases and cases u/S. 138 Negotiable

Instrument Act be compromised by negotiations with the parties

about quantum of compensation.

(3) In maintenance cases u/S. 125 CrPC and cases relating

to cruelty u/s. 498 A IPC, the counseling and conciliation

proceedings be held in Camera. In case of failure of settlement the

Court shall record the real cause of dispute between husband and

wife which may be considered during trial.

(4) In other cases also if conciliation or settlement fails, a

Lok Adalat shall record the cause of dispute and reasons for its

failure, while deciding the case the trial Court shall take it into

account.

Required legislative changes to implement the scheme:

(1) The implementation of above scheme require that a Lok

Adalat function parallel to the ordinary Courts. If there is

mandatory provision that every case is to be presented before a

44

Lok Adalat

Lok Adalat then it require a regular sitting. Therefore the provision

regarding holidays sitting must be deleted.

(2) Section 89 has been inserted in CPC in the year 1999

but even after passes of 6-7 years no Courts are referring the cases

to other institutions. A person come before the Court for

adjudication or settlement of his dispute. It is not justified to

delegate this job to some other forum. People may not trust upon

them. Therefore the provision regarding reference of cases become

redundant. The above scheme provides for presentation of cases

directly to the designated Lok Adalat and it also provide the

formulation of terms of settlement by the Lok Adalat itself. The

idea of formulation of terms of compromise by the Lok Adalat is

important. It provides clues to the litigants to reach at a settlement.

But as stated above, it is not good if the terms of compromise are

made by the trial Court. Therefore, in the light of above scheme

and reasons stated above, the whole provision of section 89

become inapplicable and be deleted.

(3) In the year 1999 when Section 89 has been inserted in

CPC, simultaneously Rule 1A, 1B, 1C has also been included in

Order 10 CPC which provides for the direction of the Court to

parties to opt either mode of the settlement outside the Court as

specified in sub-section (1) of Section 89. These provisions also

provides for fixing of dates of appearance before such forum. But

45

Lok Adalat

in view of the above scheme these provisions are no longer

required, therefore the provisions under Order 10 Rule 1-A, 1-B, 1-

C be also deleted.

(4) The above scheme provides for presentation of civil

cases before designated Lok Adalat. The Lok Adalat shall try to

conciliate the matter and if it is not possible to settle the dispute it

may transfer the case having jurisdiction to try the case. The above

scheme require legislative change in CPC and in the Legal Service

Authorities Act.

(5) The above scheme provides of transfer of

compoundable cases to designated Lok Adalat after framing of

charge. Therefore a provision be made in CrPC which makes

necessary to frame the charge in all compoundable cases on 1st date

after filling of challan and transfer of all compoundable cases to

designated Lok Adalat.

(6) Section 498-A IPC be included in the list of offences

mentioned in Section 320 (2) Cr.P.C

(7) A change is needed in Section 19 of the Legal Services

Authorities Act not to include other persons as a member of bench.

A provision be made to utilize their services as counselor of Lok

Adalat.

46

Lok Adalat

(8) One other thing is also important Section 19 provides

that a retired judicial officer may also be included in the bench of

Lok Adalat. The aim of Lok Adalat is to settle the matter by

convincing the parties. A retired Judge may not have a deep impact

over the parties to settle the matter. Although the may have a long

experience to decide the cases but because he is a retired person it

may be possible that the parties may not concurrent with his

opinion and views. His physical and mental fitness is also

important. Therefore the word “or retired judicial officers” be

deleted in Section 19(2) of the Legal Service Authorities Act.

(9) In the above scheme the cases are to be presented

before a Lok Adalat and are to be presented before a Lok Adalat

and are to be decided by mutual consent, therefore the provisions

under Order 1 to 10 CPC as far as possible. be applicable to these

decisions regarding production of documents, examinations of

witnesses, adjournments and issuance of commission in certain

cases where the circumstances of the case require so far.

(10) Section 19 & 20 of the Legal Services Authorities Act

provides for organization of Lok Adalat and cognizance of cases

by it. The implementation of above scheme require a change in the

organization of Lok Adalat and cognizance by it. Therefore a

change in Section 19 & 20 (1) (2) of the Legal Services Authorities

Act is required.

47

Lok Adalat

(11) The offence u/S. 498 A IPC arises due to distortion in

marital relation of the parties. Sometimes their dispute is resolved

and they live together, in that situation a Lok Adalat should be

empowered to record the compromise even after statement of the

complainant and other witnesses or at any stage of trial.

(12) Under the above scheme to examination of parties by

Lok Adalat is required to know the real facts of the case and

settlement. Under Order X Rule 2 (1) (a) C.P.C. this examination

is necessary with a view to elucidating matter in controversy,

therefore under Order Rule 2 (1) (a) after words “with a view to”

the words “know the real facts of the case an settlement or” be

inserted.

Scheme regarding pre trial litigation

Section 19 (5) (2) of the Legal Services Authorities Act

provides that a Lok Adalat have also jurisdiction in a matter which

have not come before a Court. It means that a person may come

before a Lok Adalat even before filing a suit. In the Legal Services

Authorities Act and the scheme of Lok Adalat made there under

prescribes no procedure for pre trial litigation. Regarding pre trial

litigation a Lok Adalat may adopt following procedure.

If a person come before a Lok Adalat with out filing a suit. It

may examine him about his grievance. It may require to file all the

48

Lok Adalat

documents. If the Lok Adalat think that there is a prima-fact case

to call the opposite party it may summons the defendant to appear

in person and file all the documents. When he appears, the court

shall examine him. After examining both the parties, the Court find

out what is the dispute between the parties and on what point it

may be resolved. If both the parties agree and settle their dispute

the Court shall pass an award accordingly which is binding on

them. If even after a sincere effort, the dispute is not possible to be

resolved it may advice “the parties to go to the proper Court for

seeking remedies or give them the correct advice that how they can

resolve their dispute and what are their rights and liabilities.

Scheme relating to pending cases

All the pending cases in which the written statement has been

filed are to be send to the Lok Adalat. The Lok Adalat shall

examine both the parties as per the provisions or Order 10 CPC

with a view to find out the possibility of settlement. With the help

of pleadings, documents and statement of both parties or other

persons, the Lok Adalat shall formulate the terms of compromise

and hand over them to the parties for their observation. The

presiding judge and the private members of the Lok Adalat may

take active part in negotiations between the parties. They may be

helpful to give a correct advice about the rights and liabilities of

the parties and pro and cons of the proposed settlement. They may

49

Lok Adalat

also advice the parties as to what they may get after adjudication

and much or less, what they are getting by the proposed settlement.

If the parties agrees, the Lok Adalat may pass an award which may

be signed by the parties and binding on them otherwise if they do

not come at any settlement. It may send the record of the case to

the concerned Court and direct the parties to appear before it. The

concerned Court may proceed from the stage from which the case

has been sent to the Lok Adalat.

Although the above scheme is a drastic one it transfers the

original jurisdiction of civil Court from ordinary law Court to the

Lok Adalat, but in the scheme, a Lok Adalat would also governed

by rules prescribed in Orders 1 to 10. It shall also follow the other

relevant rules of C.P.C. The designated Lok Adalat is also presided

by a judicial member, therefore, there is no change in transferring

the jurisdiction. From presentation of suit till examination of

parties under Order 10, the procedure followed by the Lok Adalat

would be the same as followed by the ordinary law Courts. One

thing is included in the mid of journey of case, as provided in

Section 89 CPC, the Lok Adalat should formulate the terms of

compromise and try to settle the dispute. If it fails it may refer the

case to the Court having jurisdiction.

Therefore the scheme provide no change in the process of

trial and create no hardship in implementing it. Some formal

50

Lok Adalat

legislative changes are required which may be possible to reduce

the graph of 2 crore cases pending in subordinate Courts of the

country. It certainly change the present adversary system of

administration of justice. The need of the hour is to constitute a

regular conciliation Court which may function parallel to the

ordinary Courts. The spirit of the above scheme is to involve the

concept of Lok Adalat in a real sense and a Lok Adalat would

become a Court of public n its reality.

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Lok Adalat

CONSTITUTION OF LOK ADALATS

The Legal Service Authorities Act, 1987 (Act No.39 of 1987)

is indeed a prospective and prosperous enactment constituted for

the first time in 1987 – after a lapse of more than three decades

after our country got its Constitution – constituting legal services

authorities at Central and State and District levels to provide free

and competent legal services to the weaker sections of the society,

to ensure that opportunities for seeking justice are not denied to

any citizen of this country 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, as adumbrated in the preamble of the Act. As a mater

of fact, Art. 39-A of our Constitution directs under Part-IV that the

State shall secure that the operation of the legal system promotes

justice on a basis of equal opportunity an shall, in particular,

provide free legal aid by suitable legislation or scheme 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.

This Article was, of course, not there right from 1950 but it was

substituted in 1976 by Constitution (Forty Fourth Amendment) Act

with effect from 3-1-1977. Of course to some extent, such a

protection is guaranteed under Art. 21 a Fundamental right in Part-

II of the Constitution for an accused in a criminal case, laying

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Lok Adalat

down that No person shall be deprived of his life or personal

liberty except according to procedure established by law’.

Interpreting this Article, Supreme Court of India held consistently

right from 1974 onwards that an accused person, at least where the

charge is of an offence punishable with imprisonment, is entitled to

be offered legal aid, if he is too poor to afford Counsel. Further, the

Counsel for the accused must be given sufficient time and facility

for preparing the defense. Breach of these safeguards of fair trial

would invalidate trial, and conviction even if the accused did not

ask for legal aid (AIR 1974 SC 1143 and AIR 1986 SC 991 an

1997 (9) S.C. 622 (367).

2. But, till Act No. 39 of 1987 enacted there is no scope for

the poor and drown trodden to get any legal assistance worth the

name in civil matters. Though Lok Adalat are being constituted at

various places before 1987, they did not attain more value than

voluntary and conciliatory agency without any statutory backing or

support for its decision, though it had proved to be very popular in

providing for a speedier system of administration of justice.

3. This Act No.39 of 1987 has been enacted with a view to

circumvent the avails and drawbacks, which the earlier Lok

Adalats faced in having no statutory sanction for the awards passed

and that too in respect of civil matters only. This Act defines in

sub-clause (e) of Sec. 2 Legal Services as meaning ‘the reading of

53

Lok Adalat

any service in the conduct of any case or other legal proceeding

before any Court or other authority or tribunal and the giving of

advice on any legal matters’. If this definition is correctly

understood in its true perspective, each and every dispute, may it

perspective, each and every dispute, may it be civil or criminal or

matters before any authority constituted under any Act, like Motor

Vehicles Act, Industrial Disputes Act, Shops and Establishments

Act, Consumer Protection Act etc., shall come within the four

corners of this Act. This definition to the proceedings before

judicial as well as quasi-judicial bodies and before any civil or

criminal Court or other authority or Tribunal. As I understand, all

disputes relating to not only in between a citizen and other citizen

but also a citizen and the state may it be civil or criminal including

their service matters – come within the purview of this definition

Sec.2(e) ‘Legal Services’. In this context, it is useful to refer to

Sec.25 of the Act, which gives overriding effect in unequivocal

terms. “The provisions of this Act shall have effect,

notwithstanding anything inconsistent therewith contained in any

other law for the time being in force or in any instrument having

effect by virtue of any law other than this Act”. The jurisdiction of

Lok Adalat is spoken to in sub-section (5) of Sec.19, which is as

follows:

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Lok Adalat

“A Lok Adalat shall have jurisdiction to determine and to

arrive at a compromise or settlement between the parties to 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 Lok Adalat is

organized.

Provided that the Lok Adalat shall have no jurisdiction in

respect of any case or matter relating to an offence not

compoundable under any law”.

From the above section, it is clearly expounded that all

‘disputes’ (civil, quasi-civil, criminal and quasi-criminal) come

within the purview of the definition clause sec.2(c) and sec.19(5),

the only prohibition being in respect of offences, which are not

compoundable under any law.

3. So, in pending matters, the parties can request the Court, in

which the case is pending, to refer the same to the Lok Adalat

under Sec.20 (1) (a) and (b). Under sub section (2) of Sec.20,

the Authority or the committee organizing Lok Adalat under

sub-section (1) of Sec.19 may on receipt an application from

any one of the parties to any matter referred to in sub-clause

(ii) o sub-section (5) of Sec.19, refer the matter to the Lok

55

Lok Adalat

Adalat for determination after giving notice of the same to

the other parties thereafter. The Lok Adalat shall proceed to

dispose of the case or matter referred to an arrive at a

compromise or settlement between the parties, as provided

under sub-section (3) Sec.20, basing its award on the

principles of justice, equity and fair play and other legal

principles. In pre-litigation matters, the Lok Adalat shall

advice the parties under Sec.20 (6) to seek remedy if Court, if

no settlement or compromise could be arrived at between the

parities. Thereupon, the applicant shall be entitled legal

services under the Act, if he come within any of the

conditions laid down Sec.12 of the Act and, if the concerned

Authority is satisfied that such person has a prima facie case

to prosecute or to defend and after taking an agreement from

him under Regulation 27.

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Lok Adalat

Benefits many

The benefits that litigants derive through the Lok Adalat are many.

First, there is no court fee and even if the case is already filed in

the regular court, the fee paid will be refunded if the dispute is

settled at the Lok Adalat. Secondly there is no strict application of

the procedural laws and the Evidence Act while assessing the

merits of the claim by the Lok Adalat. The parties to the disputes

though represented by their advocate can interact with the Lok

Adalat judge directly and explain their stand in the dispute and the

reasons therefor, which is not possible in a regular court of law.

Thirdly, disputes can be brought before the Lok Adalat directly

instead of going to a regular court first and then to the Lok Adalat.

The most vital benefit under the said Act is that the decision of the

Lok Adalat is binding on the parties to the dispute and its order is

capable of execution through legal process. No appeal lies against

the order of the Lok Adalat whereas in the regular law courts there

is always a scope to appeal to the higher forum on the decision of

the trial court, which causes delay in the settlement of the dispute

finally. The reason being that in a regular court decision is that of

the court but in Lok Adalat it is mutual settlement and hence no

case for appeal will arise. In every respect the scheme of Lok

Adalat is a boon to the litigant public, where they can get their

disputes settled fast and free of cost.

57

Lok Adalat

Though the Lak Adalat lends itself to easy settlement of money

claims there is scope for settlement of other disputes as well.

Partition suits, damages and matrimonial cases can be easily settled

before Lok Adalat as the scope for compromise through an

approach of give and take is high in these cases. The nationalised

banks and other financial institutions are the biggest litigants in all

the civil courts throughout the country. The overdues from the

bank borrowers exceed Rs. 60,000 crores, of which a substantial

number of cases relate to small borrowers. However, for the

reasons best known to them the banks do not utilise the Lok Adalat

scheme liberally. Likewise the state-owned transport corporation

should take earnest steps to settle the motor accident cases through

the Lok Adalat. But it is learnt that the transport corporations are

not willing to settle the cases before the Lok Adalat, since it

involves payment of money immediately.

Disposal of a case through a regular court of law not only involves

higher expenditure but also delay. Generally the litigants are

anxious to settle the disputes as early as possible. If the parties to a

dispute are apprised of the legal position they may agree to settle it

amicably.

Lok Adalats to settle 250,000 cases in Punjab, Haryana

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Lok Adalat

Chandigarh, Oct 12 (IANS) Special 'Lok Adalats' (public courts) to

be held for two days in December this year across Punjab, Haryana

and the union territory of Chandigarh are targeting to dispose off

over 250,000 cases pending under the jurisdiction of the Punjab

and Haryana High Court here, an official said.

The first-ever mega Lok Adalats, which have been christened

'Samadhan-2008', will be held at several places in both states Dec

20 and 21.

The initiative for the mega disposal of cases has come from the

new Chief Justice of the High Court, Justice Tirath Singh Thakur,

who joined this High Court in August this year.

Hundreds of judges and law officers under the jurisdiction of the

High Court are working over time to make the mega Lok Adalats a

success. Even trainee judicial officers in both the states have been

engaged by the High Court to help in sorting out pending cases in

various categories.

The High Court has a pendency of over 260,000 law cases - some

of them dating back to 1950s.

'Officials from both states and Chandigarh should cooperate for the

disposal of maximum number of cases at this event. Departments

concerned should coordinate with legal services authorities and

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Lok Adalat

make maximum people aware about these,' Justice Thakur told a

meeting of judicial officers and officials of both states here last

week.

The Punjab state legal services authority (PSLSA) officials said

that the special campaign was aimed at disposing off pending civil

and compoundable cases.

Various cases would be taken up during the mega Lok Adalats for

on the spot settlement, said Punjab's chief secretary Ramesh Inder

Singh.

Cases under Punjab Tenancy Act, Land Revenue Act, Punjab

Village Common Land Acts, Public Premises Ejectment Act,

Northern India Canal and Drainage Act, Revenue cases, partition

and mutation proceedings, Land Acquisition Act and compensation

disputes, Cooperative Societies Act and recovery proceedings,

Election petitions and matters pending before the executive

authorities under various relevant laws relating to urban and rural

local bodies, Excise and Taxation cases, cases under Electricity

Act and Motor Vehicles Accident claims would be taken up at the

mega Lok Adalats.

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Lok Adalat

The Punjab and the Haryana governments have issued directions to

officials of all departments concerned to list pending cases

category-wise so that these can be disposed off.

The Punjab chief secretary urged litigants and their counsels for

full participation and cooperation during the mega Lok Adalats so

that their cases could be settled on the spot and justice could be

delivered at the earliest.

'The total number of litigants and counsels at various places will

run into thousands on both days of the mega event,' a law officer at

the high court said here.

Haryana last year had become the first state in the country to have

a mobile court in a remote and backward area in the Jhajjar district

of the state. Punjab followed with its first mobile court in Talwara

area of Hoshiarpur district a few months later.

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Lok Adalat

THE CHALLENGE TO THE DECISION OF

THE LOK ADALATS

This paper seeks to examine the question that given that the

award of the Lok Adalat is treated as final and not appealable, will

there be no remedy if the Lok Adalat acts beyond its jurisdiction

like if it passes an award without compromise, or if the matte id

decided by it in violation of the principles of natural justice, or

passes an ward without considering the statutory duty put upon it

to keep in mind the principles of fair play, justice, equity and other

legal principles i.e. is the power of the Lok Adalat absolute or are

there remedies under certain circumstances?

Petitions under Articles 226 and 227 of the Constitution of

India

“The slogan of speedy justice has to accomplish a laudable

object. It should not be misused so as to scuttle the process of law

or to do injustice. This is why, an award to be passed by the Lok

Adalat, in terms of sub section (4) of section 19 is required not

only to conform to law but should be guided by principles of

justice, equity, fair play and legal principle”23

23 Dolkar v. Sonam Yoongjor, (2001) 1 J&K JR 29

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Lok Adalat

Where the Lok Adalat has exceeded its jurisdiction by

adjudicating and arriving at a decision without a compromise or by

violating the principles of natural justice, petitions under Articles

226 and 227 of the Constitution of India have been allowed by the

courts to strike down such orders of the Lok Adalats as being null

and void and without jurisdiction. So as where the decision has

been obtained by fraud or collusion, to the prejudice of one party.

A Lok Adalat award is akin to a consent decree and it has been

observed that a consent decree can definitely be interfered with if

the same is the result of fraud and misrepresentation or such like

factor.24

Arguments for disallowing challenges to awards of lok

adalats

On the one hand it has been held that the correctness of a

decision of a Lok Adalat, being skin to a compromise decree and

having been passed with the consent of the parties, cannot be

challenged by any of the regular remedies available under the law,

including the remedies under Article 226.25

In General Manager, Karnataka State Road Transport

Corporation v. Pandu26, it has been observed, that if the courts

24Kesar Singh v. Balbir Singh , 2005 ACJ 1831

25 Supra to footnote 11

26 1997 AIHC 2081

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Lok Adalat

were to insist in all the cases for finding out as to whether the

compromise arrived at is just and reasonable or that the agreement

is otherwise tainted with doubt, etc. the very purpose of conducting

the Lok Adalat would be defeated.

Arguments for allowing challenges to awards of Lok

Adalats

“Lok Adalas are constituted under the Legal Services

Authorities Act. The Lok Adalats are not meant to bring down the

pendency of cases somehow. The Lok Adalats are bound to follow

the principles of natural justice, equity, fair play and other legal

principles. If the disputes are not really settled, it will impair image

of the Legal Services Authority and will affect its credibility. The

public will lose their faith and confidence in the system itself.27

Actus Crriae Neminem Gravabit, the Latin Maxim, says that

the act of a court shall prejudice no man.

In United India Insurance Co. Ltd. V. Patramma28 it was held

that an interference with the award of a Lok Adalat for

compensation may be allowed if it is demonstrated that the amount

was absolutely perverse.

27 Krishnakumari v. Venugopal, 2005(2)HLT 185

28 1995 Lab IC 2354

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Lok Adalat

In Krishna kumari v. Venugopal 29 the terms of a settlement

between the Husband and the wife, provided for a monthly

maintenance for the minor children and provided that it was not

revisable at all. The court found this to be highly detrimental to

the children. The settlement that was entered into at the Lok Adalat

was challenged by the wife through a writ petition, alleging that it

was obtained by a misrepresentation of facts and also that the

terms of the settlement were totally impractical. The award was set

aside on the grounds that it was unreasonable and there was no

application of mind by the Lok Adalat in the passing of the award.

The court also found that there was no real consent 21

of the wife to the agreement on the ground that it was highly

detrimental to the minor children. The court observed that the Lok

Adalat shall not take advantage of ignorance of a party and close

their eyes to the legal effect of the term of settlement.

In Krishna Mohan Shukla v. Union of India30, which was a

case relating to the disbursement of compensation for the victims

of the Bhopal Gal Leak, the Supreme Court allowed the persons

aggrieved by the compensation by the Lok Adalats, to appeal and

file for review of the same before the authority specified by the

court. In Commr.. Kant. State Instruction v. Nirupadi

29 Supra to foot note 2730 20005 AIR SCW 415

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Lok Adalat

Virbhadrappa Shiva31 while commenting on section 21(2), the

Karnataka High Court has observed:

“The power of judicial review in a given case is implicit

under the Constitution unless expressly excluded by a provision of

the Constitution. This power is available to correct any order

passed by a statutory authority which is violative of any of the

provisions of the statuette. The Lok Adalat is a creation of statute

and gets jurisdiction from it and hence this Court is competent to

go into an order passed by it, to decide whether the order in

question is valid in law. The writ jurisdiction of the High Court

cannot be circumscribed by provisions of any enactment as is to be

found in Sec. 21 of the Act and it can always exercise its

jurisdiction if an order, left alone, would amount to abrogating the

Rule of law”. Where the jurisdiction of the Civil Court is excluded

by statue, it does not imply that the jurisdiction of the High Courts

to issue prerogative writs is also excluded. That is a constitutional

power and cannot be restricted by statute.

The court went on to observe:

“…the Lok Adalat had done its utmost to give effect to the

first part of sub-clause (4) in disposing of the reference with

utmost expendition, but regrettably has given a complete go-by to

the latter part of the clause which enjoins on it a duty to be guided 31 AIR 2001 Kant 504 : 2001 AIR-Kant HCR

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Lok Adalat

by the principles of justice, equity and fair play… the resultant

award is hopelessly without jurisdiction and contravenes the

principles of justice, equity and fair-play.”

If the Lok Adalat passes an order that is violative of Section

20(4) then it is clearly violating the statute, of which it is a

creation. Hence such exercise can be checked by the High Court in

the exercise of its jurisdiction. It is clear from the above decision

that if the award of the Lok Adalat is in violation of the statutory

provisions, then a writ would lie for quashing its decision.

In Moni Mathai v. The Federal Bank Ltd.32, a writ petition

was filed for quashing an award of a Lok Adalat. The proceeding

before the Lok Adalat commenced when the first respondent-Bank

had filed a request before the district Authority stating that the

Bank had granted a term loan of Rs. 7,19,000/- to the first

petitioner who had not repaid installments. No notice whatsoever

was issued to the petitioners on the application filed by the first

respondent by the District Authority. In pursuance of the

application by the bank a Lok Adalat was held for determining the

dispute. The petitioners as well as the officer of the first

respondents signed a compromise. Neither the petitioners nor the

Bank were represented by Advocates. Based on that compromise

32 AIR 2003 Ker 164

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Lok Adalat

petition, an ward was passed by a Bench of the Lok Adalat

presided over by the Sub ordinate Judge and an Advocate member.

By the terms of the compromise award, the petitioner had

agreed to repay the entire loan amount together with interest

thereon till the date of payment. Going by the terms of the award

the court held that the petitioners who were debtors have no gain or

advantage by arriving at such a compromise and that it was very

difficult to believe petitioners about the legal consequences of the

terms of settlement. Further the court held that the petitioner had

been misled by the bank as the first petitioner had taken the loan

along with the second and third petitioners who were co-obligants.

However in the letter written by the bank to the district authority,

the name of only one petitioner had been mentioned throughout in

the singular.

There was a clear violation of the mandatory provisions of

the act. There was no notice issued to the petitioners so as to give

them an opportunity to put forward their case the opportunity of

being heard as required by S. 20(2) was not given. There was a

violation of provisions of the Kerala State Legal Services

Authority Regulations also. The petitioners were also not made

aware of the terms of the settlement. The court found that the

award was against the principles of fair play.

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Lok Adalat

Rejecting an argument against the maintainability of the

petition in view of the bar contained in Section 21(2) the court held

that “When there is patent illegality, error of law or error of

jurisdiction, the High Court can interfere with the decision of an

inferior Tribunal. If there is violation of fundamental right or

violation of any act or Rules or violation of the principles of

natural justice also the Court can interfere with the award passed

by the Lok Adalat under Article 226 of the Constitution of India”.

Hence considering all the above together, the award of the

Lok Adalat was quashed. The court made the following

observations:

“I feel it is the duty of this Court to remind the various

committees constituted under the Legal Services Authorities Act

the need to follow the procedure prescribed under the Act, rules

and Regulations strictly. The Lok Adalats are also bound to follow

the principles of natural justice, equity, fair play and other legal

principles. Had the Committee taken care to issue notice to the

petitioners and obtain a written statement containing their version

and placed the same before the Lok Adalat al these unfortunate

disputes could have been avoided. The Lok Adalats shall also not

forget that their duty is not to dispose of cases some how but settle

cases amicably”.

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Lok Adalat

It has been held that the Lok Adalat is a court within the

meaning of section 2(aaa) and that the proceedings before it are

‘legal proceedigns’33 In State of Maharashtra v. Marwanjee F.

Desai34 it has been held that where the authority has been given the

power to summon witnesses, enforce their attendance and examine

them on oath, and to order the discovery and production of

documents, the nature of the proceedings are quasi judicial.

Now, a writ of cedrtiorair lies to quash the decision of a

subordinate court where it is found that the subordinate court has

acted without jurisdiction, or in excess of its jurisdiction by

overstepping or crossing the limits of jurisdiction, or in flagrant

disregard of law or the rules of procedure or in violation of

principles of natural justice where there is no procedure specified,

an thereby occasioning failure of justice. Thus it is clear that where

the Lok Adalats act in disregard of the duty imposed upon them by

section 20(4) of the LSA thereby causing a violation of statute

which has created the Lok Adalats, it is clear that the Lok Adalat

has acted in flagrant disregard of the law and hence a writ would

lie to quash the decision. Also, where there is a violation of the

principles of natural justice or the Lok Adalat has acted without the

33 A.Ahmed Pasha v. C.Gulnaz Jabeen , AIR 2001 Kant 412 34 AIR 2002 SC 456

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Lok Adalat

application of mind, the right under Article 14 has been violated

and the decision is arbitrary and hence if a decision of the Lok

Adalat is violative of the Fundamental Rights, a writ a certiorari

will definitely lie.

In Ujjam Bai v. State of U.P.35, it has been held that a writ of

certiorari lies where quasi judicial proceedings have violated the

fundamental rights. Also, in Nagendra Nath Bora v. Commr. of

Hills division Assam36, it has been held that the writ of certiorari

lies to challenges the decisions of judicial tribunals where such

tribunals have violated the statutory provisions. Similarly in

Harbans Lal v. Jagmohan saran37, it has been held that where the

decision of a subordinate court or an inferior tribunal suffers from

a manifest or apparent error of law, a writ of certiorari would lie

against such a decision.

The usage of the work ‘shall’ in section 20(4) shows that the

parameters imposed for consideration by the Lok Adalats are

intended to be mandatory. In Mewa Singh v. Shiromani Gurdwara

Prabandhak Committee38 it has been held that where a creation of

statute acts in violation of statute, a writ would lie to quash such a

35 AIR 1962 SC 1621 36 AIR 1958 SC 398

37 AIR 1986 SC 302 38 AIR 1999 SC 688

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Lok Adalat

decision. The Lok Adalat is the creation of statute and hence it is

strictly bound by the statutory provisions and a violation of the

statute will make it amenable to the writ jurisdiction of the High

Court. Hence if the parameters under section 20(4) are not

followed, there will be a breach of the statute and the writ

jurisdiction comes into the picture.

Hence, it is clear that whether the Lok Adalat is considered

as a ‘subordinate court’ or a tribunal, a writ of certiorari would lie

to quash such award of the Lok Adalat, where it is flagrant breach

of statutory provisions or fundamental rights and causing injustice.

Appeals

Section 21(2) declares that the decision of the Lok Adalat

shall be final and that no appeal shall lie from such a decision. This

is akin to section 96(3) of the CPC which provides that there shall

be no appeal from a compromise decree.39

Conclusion

Drawing the support from above discussion that the ADR

helps in reducing the work load of Courts and thereby helps them

39 Supra to foot note 11

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Lok Adalat

focus attention on other cases. It is true that the Lok Adalat System

is the unique ray of hope to unburden our judicial system from too

much law and too much technicalities. There are many benefits to

parties of dispute if they settle their dispute through Lok Adalats.

Firstly, justice is provided quickly because of non strict application

of Civil Procedure code and Indian Evidence Act. Secondly, the

dispute can be referred to Lok Adalat at pre-litigative as well as

post litigative stage. Thirdly, there is no court fee if dispute is

settled by Lok Adalat at pre litigative stage and if fee paid in the

regular court then entire court fee is refundable if the dispute is

resolved by Lok Adalat. Fourthly, litigation ordinarily comes to an

end if settled in Lok Adalat because there is no scope of review,

appeal and revision. And above all the main advantages is that

after getting their matters settled, the litigants leave such adalats

with no ill feeling of the others which ultimately leads to happiness

and well being of the society.

Lok Adalat, a mechanism for alternative dispute resolution, is

proving effective for resolving disputes in a sprit of conciliation

outside the court. In India 18, 695, 934 cases has been settled in 4,

98, 154 Lok Adalats held till December 2005. However, there is

need to include more matters on which the Lok Adalats could

settle the disputes like cyber crime, money laundering, matters

relating to education system, taxation, intellectual property rights,

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Lok Adalat

environment, business disputes and also the disputes relating to

other public issues. The Lok Adalat should be given the power to

decide cases if the parties fail to arrive at any compromise or

settlement. There should be adequate publicity of the Lok Adalats

and their success in mass media so that people may believe in this

system of administration of justice.

74