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ADR (Lok Adalat)

Lok Adalats are a uniquely Indian approach to alternative dispute resolution based on Gandhian principles. They are non-adversarial people's courts presided over by a judicial officer, lawyer, and social worker to settle disputes through mediation without following strict procedural laws. Their awards have the same force as civil court decrees. Permanent Lok Adalats were later established to provide compulsory pre-litigation mediation for public utility cases. They can decide disputes if mediation fails, and their awards are final and binding.

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905 views4 pages

ADR (Lok Adalat)

Lok Adalats are a uniquely Indian approach to alternative dispute resolution based on Gandhian principles. They are non-adversarial people's courts presided over by a judicial officer, lawyer, and social worker to settle disputes through mediation without following strict procedural laws. Their awards have the same force as civil court decrees. Permanent Lok Adalats were later established to provide compulsory pre-litigation mediation for public utility cases. They can decide disputes if mediation fails, and their awards are final and binding.

Uploaded by

farheen rahman
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Concept, Meaning & Growth of Lok Adalat.

Meaning of Lok Adalat.

• While Arbitration and Conciliation Act, 1996 is a fairly standard western approach
towards ADR, the Lok Adalat system is constituted under National Legal Services
Authority Act, 1987 is a uniquely Indian approach”.

• It roughly means "People's court". India has had a long history of resolving disputes
through the mediation of village elders. The system of Lok Adalats is an improvement on
that and is based on Gandhian principles.

• This is a non-adversarial system (called Lok Adalats) are held by the State Authority,
District Authority, Supreme Court Legal Services Committee, High Court Legal Services
Committee, or Taluk Legal Services Committee, periodically for exercising such
jurisdiction as they thinks fit. These are usually presided by retired judge, social activists,
or members of legal profession.

• The function of Central Legal Services Authority and State Legal Service Authority is to
encourage the settlement of disputes through lok adalats.

• The award of lok Adalat shall be deemed to be a decree of a civil court.

• Every award made by a lok Adalat shall be final and binding on all parties to the dispute
and no appeal shall lie to any court against the award.

• The Lok Adalat is presided over by a sitting or retired judicial officer as the chairman,
with two other members, usually a lawyer 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.

Following are the authorities which may organise Lok Adalat-

1. State Authority.

2. District Authority.

3. Supreme Court Legal Services Committee.

4. High Court Legal Services Committee.

5. Taluka Legal Services Committee

Powers of Lok adalat-


The powers of lok adalats are same as civil courts like-

1. Summoning Witnesses
2. Examining Witnesses on oath
3. Discovery and production of documents
4. Requistioning of any public record or document

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.

Types of caes comes under Lok Adalat are as follows-

Family Disputes, Criminal (Compoundable offences) cases, Land Acquisition cases,


Labour Disputes, Workmen’s Compensation Cases. Bank Recovery Cases. Pension
Cases, Housing Board and Slum Clearance Cases, Housing Finance Cases, Consumer
Grievance Cases, Electricity Matters, Dispute Relating to Telephone Bills, Municipal
matters including House Tax Cases, Dispute with Cellular Companies etc, are being
taken up in Lok Adalats.

Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an
offence not compoundable under any law.

Which Lok Adalat is to be Approached?

• As per section 18(1) of the Act, a Lok Adalat shall have jurisdiction to determine and to
arrive at a compromise or settlement between the parties to a dispute in respect of -

• Any case pending before; or

• Any matter which is falling within the jurisdiction of, and is not brought before, any court
for which the Lok Adalat is organised.

• Provided that the Lok Adalat shall have no jurisdiction in respect of matters relating to
divorce or matters relating to an offence not compoundable under any law.

After discussing Lok Adalat , Let us now discuss Permanent Lok Adalat-
What is Permanent Lok Adalat- The other type of Lok Adalat is the Permanent Lok
Adalat,The Legal Services Authorities Act,1987 was amended in 2002 which brings
Section 22-B for the establishment of permanent lok adalat.

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.

Here if the parties fail to reach to a settlement, the Permanent Lok Adalat has the
jurisdiction to decide the case.

The award of the Permanent Lok Adalat is final and binding upon the parties. 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.

Difference Between Lok Adalat and Permanent Lok Adalat

1. Permanent Lok-Adalat is permanent in nature. But Lok-Adalat is temporary in nature.

2. Any party to a dispute may make an application to the permanent Lok-Adalat for
settlement of the dispute before the dispute is brought before any Court. But in Lok-
Adalat, there is no such condition like permanent adalat.

3. Permanent Lok-Adalat proposed to work on all working days of Court. But Lok-
Adalat held on Saturday and Sunday.

4. Permanent Lok-Adalat have jurisdiction over pre-litigation matters only But Lok-
Adalat have jurisdiction over pending and pre-litigation matters.

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