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LOK ADALAT

  • February 13, 2023
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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LOK ADALAT

Subject : Polity

Section :Judiciary

Concept :

  • Transwomen, acid attack survivors don new roles at first national Lok Adalat in Delhi’s courts.
  • This is the first Lok Adalat held this year by the Delhi State Legal Services Authority (DSLSA) at trial courts.
  • This year, DSLSA has asked trans people, acid attack survivors and people from disenfranchised communities to be a part of court proceedings as associate members, who help a judge settle cases.

Lok Adalat

  • Lok Adalat is one of the alternative dispute redressal mechanisms, it is a forum where disputes/cases pending in the court of law or at pre-litigation stage are settled/ compromised amicably.
  • The Lok Adalats are formed to fulfil the promise given by the preamble of the Indian Constitution– securing Justice – social, economic and political of every citizen of India.

Members of Lok Adalats

  • The persons deciding the cases in the Lok Adalats are called the Members of the Lok Adalats, they have the role of statutory conciliators only and do not have any judicial role.
  • Therefore, they can only persuade the parties to come to a conclusion for settling the dispute outside the court in the Lok Adalat and shall not pressurize or coerce any of the parties to compromise or settle cases or matters either directly or indirectly.
  • The Lok Adalat shall not decide the matter so referred at its own instance, instead the same would be decided on the basis of the compromise or settlement between the parties.
  • The members shall assist the parties in an independent and impartial manner in their attempt to reach amicable settlement of their dispute.

Constitutional basis:

  • Article 39A of the Constitution provides for free legal aid to the deprived and weaker sections of the society and to promote justice on the base of equal opportunity.
  • Articles 14 of the Constitution also make it compulsory for the State to guarantee equality before the law.

Statutory provisions:

  • Under the Legal Services Authorities Act, 1987 Lok Adalats have been given statutory status.
  • The decision made by the Lok Adalats is considered to be a verdict of a civil court and is ultimate and binding on all parties.

No appeal:

  • There is no provision for an appeal against the verdict made by Lok Adalat.
  • But, they are free to initiate litigation by approaching the court of appropriate jurisdiction by filing a case by following the required procedure, in exercise of their right to litigate.

Court fee:

  • There is no court fee payable when a matter is filed in a Lok Adalat.
  • Note: If a matter pending in the court of law is referred to the Lok Adalat and is settled subsequently, the court fee originally paid in the court on the complaints/petition is also refunded back to the parties.

Nature of Cases to be Referred to Lok Adalat:

  • Any case pending before any court.
  • Any dispute which has not been brought before any court and is likely to be filed before the court.
  • Provided that any matter relating to an offence not compoundable under the law shall not be settled in Lok Adalat.

How to Get the Case Referred to the Lok Adalat for Settlement?

  • The State Legal Services Authority or District Legal Services Authority as the case may be on receipt of an application from any one of the parties at a pre-litigation stage may refer such matter to the Lok Adalat for amicable settlement of the dispute for which notice would then be issued to the other party.

Types of Lok adalats

  • The bodies that may organize Lok Adalats at such intervals and places to exercise their jurisdiction are as follows:
    • National Legal Service Authority
    • Supreme Court Legal Services Committee
    • State Legal Services Authority
    • High Court Legal Service Committee
    • District Legal Services Authority
    • Taluk Legal Services Committee.
  • Other types of Lok Adalats: Permanent Lok Adalats and Mobile Lok Adalats.
  • Permanent Lok Adalats:
  • Permanent Lok Adalats have been set up as permanent bodies with a Chairman and two members for providing compulsory pre-litigative mechanism for conciliation and settlement of cases relating to Public Utility Services like transport, postal, telegraph etc.
  • Here, even if the parties fail to reach to a settlement, the Permanent Lok Adalat gets jurisdiction to decide the dispute, provided, the dispute does not relate to any offence.
  • Further, the Award of the Permanent Lok Adalat is final and binding on all the parties. The jurisdiction of the Permanent Lok Adalats is upto Rs. Ten Lakhs.
  • The Lok Adalat may conduct the proceedings in such a manner as it considers appropriate, taking into account the circumstances of the case, wishes of the parties like requests to hear oral statements, speedy settlement of dispute etc.

Mobile Lok Adalats :

  • It is organized in various parts of the country which travel from one location to another to resolve disputes in order to facilitate the resolution of disputes through this mechanism.
LOK ADALAT Polity

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