Lokadalats
- August 15, 2022
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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Lokadalats
Subject :Polity
Section : Judiciary
Context: Over 74 lakh pending and pre-litigation cases, many of them part of a huge backlog created by the pandemic, were settled across the country in the third National Lok Adalat.
In a move away from convention, the legal services authorities under Chief Justice of India-designate, Justice U.U. Lalit, who is the executive chairman of the National Legal Services Authority (NALSA),used technological platforms to conduct ‘digital lokadalat’ in Maharashtra and Rajasthan.
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.