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LOK ADALATS

  • April 8, 2021
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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LOK ADALATS

Subject: Polity

Context: For Lok Adalats, speed overrides quality .The system must look beyond swift disposal of cases and focus on just and fair outcomes.

Concept:

  • 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.

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.
LOK ADALATS Polity

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