CHAPTER-VI : ROLE OF LEGISLATURE AND

LEGAL SERVICES
AUTHORITIES TOWARDS
LOK-ADALAT

The natural liberty of man is to be free from any

superior power on Earth, and not to be under the
will or legislative authority of man, but only to have
the law of nature for his rule.
Samuel Adams212

I. INTRODUCTION

Justice to common people is very important factor in administration of

justice. The primary motto of law and court is that the justice must be
administered without pain and suffering to common people. To create peace and
stability in the society, the common people must be satisfied with the existing laws
and court system. Otherwise that may adversely cause to the society at large.

The preamble of the Constitution deals with the pledge to do justice-

social, economic and political. The insertion of Article 39 A in Part IV of the
Constitution provides protection to all citizens about ensuring the justice for all.
The State shall ensure to provide free legal aid for poor and needy person.

It is a common scenario that due to economic barriers the common

people may not able to access justice. If any Welfare State aspires an orderly
society, then the State must preserve the ‘Rule of Law’. To preserve ‘Rule of
Law’, ‘Legal aid to the poor and weak’ is the basic tenet of any policy. Thus, the
main object behind the policy to make available free legal aid to poor, down
trodden and weaker section of society is to provide equal justice.

In developing country like India, where majority of people are survive

below poverty line and unable to protect their rights and access justice from court

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of law. The free legal aid would be a good endeavour for all who are in queue for
justice. After taking into consideration all aspects, the cherished legislature always
tries to give better protection for all. For these reasons, the legislature provides
better protection to the interest of poor and needy people by enacting the Legal
Services Authorities Act, 1987. Actually, the acclaim of legal aid Movement in
India was to the Western Countries and in particular to England.

II. HISTORY BEHIND THE LEGAL SERVICES AUTHORITIES ACT,

1987:

Justice to all is slogan of the Constitution of India. The Constitution

provides access to justice to all through the various constitutional mandates. The
fundamental rights provides concept of natural justice. Free and cheap justice is
right of everyone. Anyone can easily access justice from the court of law. At the
same time the State is bound to secure the same by providing effective mechanism
and laws.

Taking in to consideration the above aspect, the Legal Aid Scheme was first
introduced by Justice P. N. Bhagwati under the Legal Aid Committee formed in
1971. In the working of the committee, His Lord ship was questioned about
inequality in the administration of justice between the rich and the poor. To
answer the said question he observed that-

The legal aid means providing an arrangement in the society so

that the missionary of administration of justice becomes easily
accessible and is not out of reach of those who have to resort to
it for enforcement of its given to them by law, the poor and
illiterate should be able to approach the courts and their
ignorance and poverty should not be an impediment in the way
of their obtaining justice from the courts. Legal aid should be
available to the poor and illiterate, who don't have access to
courts. One need not be a litigant to seek aid by means of legal
aid.

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 India is developing country where most of the people are survive below
poverty line. Most of the people are not in position to get food for a day in that
situation gating justice from the court is very hard for them. Another aim is to
provide protection and justice to poor and illiterate who are far away from main
stream of the development. The purpose of the provision is to make every court
approachable to the person and their ignorance and poverty should not be an
obstruction in the way of their obtaining justice from the courts. Legal aid should
be available to the poor and illiterate. Justice Blackmun in Jackson v. Bishop says
that “The concept of seeking justice cannot be equated with the value of dollars.
Money plays no role in seeking justice.213”

By the time, different States were engaged in introducing the various

schemes for legal aid. On 26th September, 1980, the Central Government
appointed a committee under the chairpersonship of Justice Bhagwati for
implementation of the scheme of free legal aid to poor and needy people. This
committed was known as a Committee for Implementation of Legal Aid Scheme
(CILAS). This committee organized various Lok Adalat at different place of
country for poor and needy people. But the working of committee was not
satisfied. It was also felt necessary to constitute statutory legal authorities for
Legal Aid and other related provisions at Centre, State and District level.

In 1987, the Legal Services Authorities Act (Act No. 39 of 1987) was
enacted to give a statutory base to legal aid programmes. However, this Act was
finally enforced on 9th of November, 1995 after certain amendments were
introduced therein by the Legal Services Authorities Amendment Act of 1994.
Hon. Justice R. N. Mishra the then Chief Justice of India played a key role in the
enforcement of the Act. 214 Thus, the introduction of Lok Adalats with legal
Services Authorities to provide free legal services added a new chapter to the
justice dispensation system of this country and succeeded in providing a
supplementary forum to the litigants for conciliatory settlement of their disputes.

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The Legal Services Authorities Act, 1987 can be termed as a composite Act of
Legal Aid and Lok Adalat.

The reason and object of the Act was to provide speedy and cheap justice
to all. As per Act, the legal services authorities are bound to provide free and
competent legal services to the weaker sections of the society. Not only this these
authorities are bound to ensure that opportunities for securing justice are not
denied to any citizen 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.215

Former Chief Justice of India Hon’ble Justice Anand once stated about
the real scenario of the Indian Judiciary. As per His Lordship, our judiciary was
suffering from ‘ABC’ ailments.216

Here, His Lordship classified the ‘ABC’ ailments agreeably:

• ‘A’ stands for ‘Accessibility of Justice to all’ irrespective of

any class, caste, creed, region and status either economic or
social having many hurdles.
• ‘B’ stands for ‘Backlog of Cases’ in Law Courts which is a
foremost obstacle to seek justice.
• ‘C’ stands for the ‘Cost of Litigation’. There is an
apprehension in the minds of the poor that justice delivery
system is beyond their reach.

To cure these diagnosed “ABC” disease in the judiciary, His Lordship

observed and stated that the Legal Services Authorities Act 1987, is a therapeutic
medicine prescribed in the “Three Drugs” combination. These drugs can be named
as “Three LA-S” which is as follows-

• Legal Aid
• Legal Awareness and

215
Aim and Object of the Legal Services Authority Act, 1987
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 • Lok Adalat.

Thus, the three-fold object of the Act is as follow -

1. To make available free and competent legal services to the weaker

section of the society
2. To make sure security of justice to all despite their economic or other
disabilities
3. To arrange Lok Adalat with a view to promote justice on the basis of
equality.

III. SCOPE OF LOK ADALATS UNDER THE LEGAL SERVICES

AUTHORITIES ACT, 1987:

Relevant Definitions217: unless the context otherwise requires-

c) ‘Legal Service’ includes the rendering of any services 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 matter;

d) ‘Lok-Adalat’ means a Lok-Adalat organized under Chapter VI;

In State of Punjab vs. Jalour Singh, 218 the Supreme Court has thoroughly
explained the scope of the Lok Adalats. The same is elucidated as below219 -

• It has to perform purely conciliatory function, actually there is no

adjudicatory or judicial.
• No power to ‘hear’ parties as process in traditional court.
• The main objective is to compromise between the parties. If
compromised, then the same will be confirmed by making an award.
• An award is deemed to be a decree. However, if no settlement is
arrived at between the parties, then, the case reverts back to the
referring court for further proceeding.

217
The Legal Services Authorities Act, 1987
218
State of Punjab & Ors Vs. Jalour Singh & Ors 2008 II (AD) SC 676
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 • The panel members are not judges. Even many of them are not
judicially trained. The principles of natural Justice, Equity and fair Play
are followed by them in the settlement process.
• There is no fixed procedure. The interim orders, declaratory relief,
directions- issued all are within the realm of Courts or Tribunals, not
Lok-Adalat.
• Lok-Adalat is not fault finding machinery. It does not record conduct
of any litigant in case it prejudices the Court.
• In the hearing of a case before the Court on merit, the conduct of any
party in Lok-Adalat or any ADR is totally irrelevant.
• All settlements in Lok-Adalat should be done purely voluntarily. There
is no provision for the punishment to any, though no settlement is
arrived at.
• It is very important that any admission, tentative agreement, concession
given in the case refereed to the Lok-Adalat during the process cannot
be used in the regular court, if settlement fails there.

It is needless to mention that Act 39 of 1987 is an Act, a well thought

piece of Legislation in that direction and in its working also, this Act had proved
to be one providing better, quick mechanism as an alternative dispute resolution
system.220

Let us revise the role of legislature and the Legal Services Authorities
with the help of main provisions of the Legal Services Authorities Act, 1987 and
the Amendment Act of 2002 with special reference to legal services, hierarchy,
constitution, jurisdiction, powers and functions of the various committees and also
the working of the Lok-Adalat.

220
Narayana, Justice P. S., Law relating to Lok-Adalats, 4th edition, published by Asia Law House, p.5

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IV. HIERARCHY OF LEGAL SERVICES AUTHORITIES CREATED
UNDER THE ACT-

Under the provisions of this Act, to provide speedy and informal

justice, a Four Tier System is being established at the National, State, District and
Taluk Levels.

Accordingly, National Legal Services Authority (NALSA) is the apex

body of the Legal Services Authorities regulating various provisions and
implementing various scheme regarding Legal Aid and awareness under the Act.

A FOUR TIER SYSTEM

Central Authority

State Authority

District Authority

Taluk Legal Services Committee

The main moto of the various authorities constituted under the Act is to
secure the justice at the door-step of poor and disables. Let’s have go through the
constitution and the functions of the authorities mentioned above.

1) Constitution of National Legal Services Authority221:

221
Sec. 3 of the Legal Services Authorities Act, 1987

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 The Central Government shall constitute this Authority to exercise the
powers and perform the functions conferred on, or assigned to, the Central
Authority under this Act.

The Central Authority shall consist of-

a) The Chief Justice of India who shall be the Patron-in-Chief,

b) A serving or retired Judge of the Supreme Court to be nominated by
the President, who shall be the Executive Chairman, and
c) Such number of other members, possessing such experience and
qualifications, as may be prescribed by the Central Government, to be
nominated by that Government.
The chairman and members must be nominated in consultation with the
Chief Justice of India.

Functions of the National Legal Services Authority 222 :

This Authority is bound to perform following functions as per the

provisions of this Act.

• To lay down policies and principles for making legal services available
• To frame the most effective and economical schemes for the purpose of
making legal services available
• To utilise and make appropriate allocations of funds to the State
Authorities and District Authorities
• To take necessary steps by way of social justice litigation with regard
to consumer protection, environmental protection or any other matter
of special concern to the weaker sections of the society and for this
purpose, give training to social workers in legal skills
• To organise legal aid camps, with the dual purpose of educating the
weaker sections of the society as to their rights as well as encouraging
the settlement of disputes through Lok Adalats
• To encourage the settlement of disputes by way of negotiations,
arbitration and conciliation

222
Sec. 4 of the Legal Services Authorities Act, 1987

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 • To undertake and promote research in the field of legal services
• To do all things necessary for the purpose of ensuring commitment to
the fundamental duties of citizens under Part IV-A of the Constitution
• To monitor and evaluate the legal aid programmes at periodic intervals
and provide for independent evaluation of programmes and schemes
implemented in whole or in part by funds provided under this Act
• To provide grants-in-aid for specific schemes to various voluntary
social service institutions and the State and District Authorities, from
out of the amounts placed at its disposal for the implementation of the
legal services schemes under the provisions of this Act
• To develop, in consultation with the Bar Council of India, programmes
for clinical legal education and promote guidance and supervise the
establishment and working of legal services clinics in universities, law
colleges and other institutions
• To take appropriate measures for spreading legal literacy and legal
awareness amongst the people and, in particular, to educate weaker
sections of the society about the rights, benefits and privileges
guaranteed by social welfare legislations and other enactments as well
as administrative programmes and measures
• To make special efforts to enlist the support of voluntary social welfare
institutions working at the grass-root level, particularly among the
Scheduled Castes and the Scheduled Tribes, women and rural and
urban labour and
• To coordinate and monitor the functioning of State Authorities, District
Authorities, Supreme Court Legal Services Committee, High Court
Legal Services Committees, Taluka Legal Services Committees and
voluntary social service institutions and other legal services
organisations and give general directions for the proper implementation
of the legal services programmes.

2) Constitution of State Legal Service Authority223:

223
Sec. 6 of the Legal Services Authorities Act, 1987

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 The mandate of the Legal Services Authorities Act, 1987 is that the
Legal Services Authorities shall be set up in all the States.

Every State Government shall constitute a body to be called the Legal

Services Authority for the State to exercise the powers and perform the functions
conferred on, or assigned to, a State Authority under this Act.

A State Authority shall consist of -

a) The Chief Justice of the High Court who shall be the Patron-in-Chief;
b) A serving or retired Judge of the High Court, to be nominated by the
Governor, who shall be the Executive Chairman; and
c) Such number of other members, possessing such experience and
qualifications as may be prescribed by the State Government, to be
nominated by that Government.

The chairman and members must be nominated in consultation with the

Chief Justice of the High Court.

Functions of the State Legal Service Authority 224:

The State Authority is supposed to function under the overall supervision

and control of the Central Authority. It shall be the duty of the State Authority to
give to effect to the policy and directions of the Central Authority. Without
prejudice to the generality of the functions referred above, the State Authority
shall perform all or any of the following functions, namely:—

a) give legal service to persons who satisfy the criteria laid down under
this Act;
b) conduct Lok Adalats, including Lok Adalats for High Court cases;
c) undertake preventive and strategic legal aid programmes; and
d) perform such other functions as State Authority may, in consultation
with the Central Authority, fix by regulations.

224
Section 7 of the Legal Service Authority Act, 1987

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3) Constitution of District Legal Services Authority225 :

The State Government shall, in consultation with the Chief Justice of the
High Court, constitute a body to be called the District Legal Services Authority for
every District in the State to exercise the powers and perform the functions
conferred on, or assigned to, the District Authority under this Act.

A District Authority shall consist of—

a) the District Judge who shall be its Chairman; and

b) such number of other members, possessing such experience and
qualifications, as may be prescribed by the State Government, to be
nominated by that Government in consultation with the Chief Justice
of the High Court.

The State Authority shall, in consultation with the Chairman of the

District Authority, appoint a person belonging to the State Judicial Service not
lower in rank than that of a Subordinate Judge or Civil Judge posted at the seat of
the District Judiciary as Secretary of the District Authority to exercise such powers
and perform such duties under the Chairman of that Committee as may be
assigned to him by such Chairman.

Functions of the District Legal Services Authority 226 :

It shall be the duty of every District Authority to perform such of the

functions of the State Authority in the District as may be delegated to it from time
to time by the State Authority.

Without prejudice to the generality of the functions referred above, the

District Authority may perform all or any of the following functions, namely:—

a) coordinate the activities of the Taluk Legal Services Committee and

other legal services in the District;
b) organize Lok Adalats within the District; and

225
Section 9 of the Legal Service Authority Act, 1987
226
Section 10 of the Legal Service Authority Act, 1987

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 c) perform such other functions as the State Authority may fix by
regulations.

It is needed to appreciate that in the discharge of its functions the District

Authority has to act in coordination with other governmental and non-
governmental institutions, universities and others in the promotion of the legal
services to the poor227.

4) Taluk Legal Services Committee228:

The State Authority may constitute a Committee, to be called the Taluk

Legal Services Committee, for each taluk or mandal or for group of taluks or
mandals.

The Committee shall consist of-

a) The senior-most Judicial Officer operating within the jurisdiction of

the Committee who shall be the ex officio Chairman; and
b) such number of other members, possessing such experience and
qualifications, as may be prescribed by the State Government, to be
nominated by that Government in consultation with the Chief
Justice of the High Court.

Functions of Taluk Legal Services Committee229:

The Taluk Legal Services Committee may perform all or any of the
following functions, namely:

a) co-ordinate the activities of legal services in the taluk;

b) organise Lok Adalats within the taluk; and
c) perform such other functions as the District Authority may assign.230

V. WHO ARE ENTITLED TO LEGAL SERVICES UNDER THE LEGAL

SERVICES AUTHORITIES ACT, 1987:

227
Section 11 of the Legal Service Authority Act, 1987
228
Section 11A of the Legal Service Authority Act, 1987
229
Section 11B of the Legal Service Authority Act, 1987
230
Section 11 B of the Legal Service Authority Act, 1987

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Section 12 of the Act prescribes the criteria for giving legal services to the eligible
persons. In this regards, Hon. D. H. Dharmadhikari observed in his Article
published in AIR 1990 Jour 41, -

“All laws are made for all men, common or uncommon. By

common man, in common parlance, we understand-a man on the
street……………….. The expression includes a cobbler, sweeper,
banker, butcher, priest or soldier…. A legal system and its
effectiveness have to be gauged or measured by the extent of its
usefulness to the common man.” Thus, the object of the
provisions regarding ‘entitlement of legal services’ in the Act is
to provide legal aid to the weaker section of the class of common
men.231

Criteria for giving Legal Service232:

Every person who has to file or defend a case shall be entitled to legal services
under this Act if that person is –

(a) a member of a Scheduled Caste or Scheduled Tribe;

(b) a victim of trafficking in human beings or beggar as referred to in Article
23 of the Constitution;
(c) a woman or a child;
(d) a mentally ill or otherwise disabled person;
(e) a person under circumstances of undeserved want such as being a victim of
a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake
or industrial disaster; or
(f) an industrial workman; or
(g) in custody, including custody in a protective home within the meaning of
clause (g) of section 2 of the Immoral Traffic (Prevention) Act, 1956 (104
of 1956); or in a juvenile home within the meaning of clause. (j) of section
2 of the Juvenile Justice Act, 1986 (53 of 1986) or in a psychiatric hospital

231
Sarkar, S. K., Law relating to Lok Adalats and Legal Aid, Second Edition, published by Orient
Publishing Company, p 85
232
Section 12 of the Legal Service Authority Act, 1987

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 or psychiatric nursing home within the meaning of clause (g) of section 2
of the Mental Health Act, 1987 (14 of 1987); or
(h) in receipt of annual income less than rupees nine thousand or such other
higher amount as may be prescribed by the State Govt., if the case is before
a court other than the Supreme Court, and less than rupees twelve thousand
or such other higher amount as may be prescribed by the Central Govt., if
the case is before the Supreme Court.

In recent case233, it was held that it was the duty of members of Bar and
Benches to make litigants of this class, i.e., women be made known of their legal
right under the LSA Act.234

Entitlement Of Legal Services235 :

Persons who satisfy the criteria specified in Section 12 shall be entitled

to receive legal services, provided that the concerned authority is satisfied that
such person has a prima facie case to prosecute or to defend.

An affidavit made by a person as to his income mat be regarded as

sufficient for making him eligible to the entitlement of Legal Services under this
Act unless the concerned Authority has reason to disbelieve such affidavit.

VI. REVIEW OF PROVISIONS OF THE ACT REGARDING LOK-

ADALAT :

The adaptation of Lok-Adalat as an amicable mean of disputes settlement

added a new dimension to the justice dispensation system of our country.

Chapter VI of the Act 39 of 1987 deals with Lok-Adalats.

233
Rajeshreeben Dharmendrabhai Patadia V. State of Gujarat, 2002 Cr Lj NOC 5v(GUJ)
234
Sarkar, S. K., Law relating to Lok Adalats and Legal Aid, Second Edition, published by Orient \
Publishing Company, p 83
235
Section 13 of the Legal Service Authority Act, 1987

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Organization of Lok Adalat236 :

Organizational aspect of an institution like Lok Adalat is an important

one so as to access its functioning. The Central, State, District and Taluk Legal
Services Authorities are responsible for organizing the Lok Adalats at such
intervals and at such places and for such areas as it thinks fit.

The Conciliators for Lok Adalat comprise of -A sitting or retired

judicial officer and other persons of repute as may be prescribed by the prescribed
authority. The experience and qualifications of other persons referred above shall
be such as may be prescribed by the Central Government or the State government
in consultation with the Chief Justice of India or Chief Justice of High Court as
the case may be. Generally, the date and place of organizing Lok Adalats are fixed
about a month in advance.

Jurisdiction of Lok-Adalat237 :

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 –
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 the 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.

It is very miserable to point out here that the jurisdiction that the Lok
Adalat derives under Sec. 19(5), cannot be exercised by the Lok-Adalat unless and
until both parties desire. Lok Adalat cannot expand it where one of the parties is
not amenable to a compromise.

Cognizance of Cases by Lok Adalat238:

236
Section 19 (1), (2), (3) and (4)of the Legal Service Authority Act, 1987
237
Section 19 (5) of the Legal Service Authority Act, 1987
238
Section 20 (1) and (2) of the Legal Service Authority Act, 1987

176
 Cases which can be referred for consideration of Lok Adalat are -
1. By consent of both parties.
2. One of the parties makes an application for reference.

However, any case shall not be referred to the Lok-Adalat, unless and
until, the court has given a reasonable opportunity of being heard to the parties and
the Court is prima facie satisfied that the matter is an appropriate one to be taken
cognizance of by the Lok Adalat.

Proceed to dispose of the cases referred239:

The basic strength of the Lok-Adalat is that it is not a regular court, thus
not bound to follow the strict formalities of court rooms. Since, settlement of
dispute by compromise is the foundation of the procedure of Lok Adalat, the
procedure of Lok Adalat is simple, quick, flexible, informal and non-controversial.
Important Points of Section 20-

• Where any case is referred or a reference made to a Lok-Adalat, then the

Lok-Adalat shall proceed to dispose of the case or matter and arrive at a
compromise or settlement between the parties.
• Every Lok-Adalat, while determining any reference before it, shall act
with utmost expedition to arrive at a compromise or settlement between
the parties.
• A compromise or settlement shall be guided by the principles of justice,
equity, fair play and other legal principles.
• Where no compromise has been arrived at through conciliation, the record
of the case shall be returned to the concerned court for disposal in
accordance with Law.
• Where the record of the case is returned to the court, such court shall
proceed to deal with such case from the stage which was reached before
such reference.

239
Section 20 (3) to (7) of the Legal Service Authority Act, 1987

177
Award of the Lok-Adalat240:

Lok Adalats have no adjudicatory or judicial functions. The Lok Adalats

are ambulatory in nature and can supplement the efforts of the court to resolve
disputes. Their functions relate purely to conciliation. The ‘award’ of the Lok
Adalat does not mean any independent verdict or opinion arrived at by any
decision making process. The making of the award is merely an administrative act
of incorporating the terms of settlement or compromise agreed by parties in the
presence of the Lok Adalat.

Important Points of Section 21-

• After the agreement is arrived by the consent of the parties, an award is

passed by the conciliators.
• The matter need not be referred to the concerned Court for consent
decree.
• Every award of Lok Adalat shall be deemed as decree of Civil Court.
• Every award made by the Lok Adalat shall be final and binding on all the
parties to the dispute.
• The court fees paid in such case shall be refunded in the manner provided
under the Court Fees Act, 1870 (7 of 1870)
• Every awards of the Lok-Adalat shall be signed by the parties to the
dispute and the panel constituting the Lok-Adalat
• No appeal shall lie from the award of the Lok Adalat. 241 The finality
clause of the judgement of Lok-adalat has two bases. First, as it is
consented, and second, due to principle of estoppels. The judgement of
the Lok-Adalat is deemed to be final on agreed consent and therefore
based on the principle of estoppel.

240
Section 21 of the Legal Service Authority Act, 1987
241
Sehgal, Sangita Dhingra, Commentary on the Legal Services Authorities Act, 2012 Edition,
published by Universal Law Publishing Company, p 67

178
Grounds to challenge an Award:

Though the award is final and no appeal lies against it, an Award of the
Lok-Adalat is open to challenge and subject to judicial review on the grounds -

• Fraud and misrepresentation

• Absence of free Consent, absence of parities or any parties or consent not
proper
• By coercion, or pressuring the parties to refer the matter to Lok-Adalat by
Court
• No dispute existed between the parties for resolving or settling
• Impair the interest of the minor Totally arbitrary and unreasonable
• If the award is observed to be without the parties having voluntarily, out
of their own accord, without a free will, have entered into settlement
• Ex-partie or Ex-facie judgement without compromise and settlement
• Production of Succession Certificate –cannot be considered as consent
• If the parties are not heard in the matter
• Procedural lapses

Powers of Lok Adalat or Permanent Lok Adalat242

The Lok Adalat or Permanent Lok Adalat shall have the same powers as are
vested in a Civil Court under the Code of Civil Procedure, 1908 in respect of:

a. the summoning and enforcing the attendance of any witness and

examining him on oath;
b. the discovery and production of any document;
c. the reception of evidence on affidavits;
d. the requisitioning of any public record or document or copy of such
record or document from any court or office; and
e. such other matters as may be prescribed.

242
Section 22 (1) and (2) of the Legal Service Authority Act, 1987

179
 Without prejudice to the generality of the above powers, every Lok
Adalat or Permanent Lok Adalat shall have the requisite powers to specify its own
procedure for the determination of any dispute coming before it.

7) Legal Status of the Lok-Adalat and its proceedings243:

All proceedings before a Lok Adalat or Permanent Lok Adalat shall be

deemed to be judicial proceedings within the meaning of sections 193, 219 and
228 of the Indian Penal Code (45 of 1860).

• Every Lok Adalat or Permanent Lok Adalat shall be deemed to be a

civil court for the purpose of Sec. 195 and Chapter XXVI of the Code of
Criminal Procedure, 1973 (2 of 1974)
• In Ram Niwas v. Delhi Development Authority244, it was held that the
permanent Lok Adalat is a statutory body in terms of Section 22 of the
Legal Services Authorities Act, 1987.

VI) AMENDMENTS TO THE LEGAL SERVICES AUTHORITIES ACT,

1987 AND PERMANENT LOK ADALATS

In last few years, the working of the Lok Adalat found very successful for
amicable settlement of disputes between the parties. The Lok Adalat proved
unique and more effective tool for justice delivery system. Because of its
innovative and acceptable nature it was more popular among common people,
more particularly for those who are wandering for justice. The system and
procedure adopted by the Lok Adalat is proved more effective and less time
consuming comparing to all other alternative methods. From the inception of Lok
Adalat it was working continuously and effectively from Taluk level to national
level. Thousands of cases are tried and decided by the Lok Adalat in the interest of
common people which is impossible for common court of law.

On the other side, it is found that Lok Adalat is not effective if one party is
not willing to accept or participate in Lok Adalat procedure. Both parties must be

243
Section 22 (3) of the Legal Service Authority Act, 1987
244
AIR 2007 Del 115.

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actively involved in the same proceeding. The adamant insensitivity shown by
one party will reduce the importance of entire development fruitless. Even if all
the members of the Lok Adalat are of the opinion that the case is a fit one for
settlement, under the present set-up, they cannot take a decision unless all the
parties consent.

The then Hon'ble Chief Justice Dr A. S. Anand expressed his views in the
inaugural address at the Second Annual Meet245 and stated thus:

“There will be no harm if Legal Services Authorities Act is suitably

amended to provide that in case, in a matter before it, the Judges of
the Lok Adalats are satisfied that one of the parties is unreasonably
opposing a reasonable settlement and has no valid defence
whatsoever against the claim of the opposite party, they may pass an
award on the basis of the materials before them without the consent
of one or more parties. It may also be provided that against such
awards, there would be one appeal to the court to which the appeal
would have gone if the matter had been decided by a court.... This
course, I think, would give relief to a very large number of litigants
coming to Lok Adalats at pre-litigative stage as well as in pending
matters."

With so many suggestions and opinions given by the legal luminaries

about the necessity of Permanent Lok-Adalat, finally the Parliament brought
certain amendments in 2002 in the Legal Services Authority Act, 1987. The Legal
Services Authorities (Amendment) Act, 2002 introduced a new Chapter VIA with
the caption “PRE LITIGATION CONCILIATION AND SETTLEMENT”. After
the said Amendment Act, Section 22 B envisages establishment of permanent Lok
Adalat for public utility services.

245
The Second Annual Meet of the State Legal Services Authorities was held at Jubilee Hall,
Hyderabad on 9th of October, 1999. This Meet was inaugurated by His Lordship Hon. Dr. Justice
A. S. Anand, the Chief Justice of India and Patron-in-Chief, NALSA. Hon. Mr. Justice S. P.
Bharucha, Executive Chairman, NALSA delivered the keynote address. Other dignitaries present at
the inaugural function included Hon. Mr. Justice S. B. Majmudar, Judge, Supreme Court of India
and Chairman, Supreme Court Legal Services Committee, Hon. Mr. Justice M. S. Liberhan, Chief
Justice of Andhra Pradesh High Court and Members of Central Authority.

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Salient features of the Amendment Act of 2002 are as follows -

• It provides provision for establishment of Permanent Lok Adalats.

• It provides the constitution of Permanent Lok Adalat. It consists of a
Chairman who is or has been a district judge or additional district judge
and two other persons having adequate experience in public utility
services;
• It confirms the jurisdiction to the Permanent Lok Adalat. It has
jurisdiction to try and cases relating to one or more public utility
services.
• The following public utility services are come under the preview of
said provision-
• transport services of passengers or goods by air, road and water
• postal, telegraph or telephone services
• supply of power, light or water to the public by any establishment
• system of public conservancy or sanitation
• services in hospitals or dispensaries and
• insurance services etc. services.
• This Amendment Act also provides the pecuniary jurisdiction of the
Permanent Lok Adalat. Such pecuniary jurisdiction shall be up to
Rupees Ten Lakhs. Further the Central Government has a power to
change, increase, modified the pecuniary jurisdiction from time to
time.
• No jurisdiction to Permanent Lok Adalat in respect of any matter
relating to an offence not compoundable under any law;
• Provision is made for the pre-litigation of the dispute. Any party to the
dispute may make an application to the Permanent Lok Adalat for pre-
litigation conciliation and settlement of the dispute;
• If the Permanent Lok Adalat comes to conclusion that the dispute
between the parties should be settled by compromise, the Permanent
Lok Adalat shall communicate the terms of a possible settlement and
submit them to the parties for their observations then shall pass an
award in terms thereof.

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 • It is very distinguished feature of this Amendment Act that if parties
failed to decide the matter amicably then Permanent Lok Adalat has
power to decide the dispute on merits.
• Every award made by the Permanent Lok Adalat shall be final and
shall not be called in question in any original suit, application or
execution proceeding.

The philosophy behind setting up of permanent and continuous Lok

Adalats is that in our country, the litigant public has not so far been provided any
statutory forum for counselling and as such, these Lok Adalats may take upon
themselves the role of counsellors as well as conciliators. The Permanent Lok-
Adalat is advance version of Lok-Adalat with additional features of having
residuary powers. Therefore with these advance versions, it can act boldly,
effectively and does not depends upon the mercy of parties to have compromise
and settlement at per their choices and halt the process at any stage.

Modern Concept:Justice at the Door Step (Mobile Lok Adalat):

Recently, the Maharashtra State Legal Services Authority has

introduced an innovative scheme named as, “Scheme for Mobile Legal Services-
cum-Lok Adalat”. It provides for organization of Mobile Lok Adalat. The idea
behind this concept of mobile Lok Adalat has recognized the fact that, still today
the poor, needy and marginalized sections of our society face many difficulties to
approach the Court of law for enforcement of their rights or redressal of their
grievances and so the Legal Services and Lok Adalat itself would approach them
at their door step.

Through this scheme, the trained and experienced judicial officers,

social activists, law students etc. in collaboration with concerned District Legal
Services Authority are able to visit every nook and corner of the villages including
remote tribal areas, slum areas and settlement of tribes so as to impart legal
awareness among them and to organize Lok Adalats to resolve disputes amicably
and instantly. Thus, the concept of Lok Adalat aims at giving speedier justice at
the door steps of the parties by way of associating the community representatives

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and at lesser costs. This step is in proper direction to enliven the Constitutional
goals of socio-economic justice.

VII) CONCEPTUAL AND STATISTICAL ANALYSIS OF THE WORKING

OF LOK-ADALAT :

The Legal Services Authorities Act, 1987 can be conceptually analysised

under the trangle of Legal Aid, Legal Awareness and Lok Adalat. With reference
to Lok-Adalat, we have already ananysised the concept. After carefully study and
research on the concept, its seems cleared that in the phraseology, of the term
‘Lok-Adalat’, ‘Lok’ and ‘Adalat’ are equally thoughtful, profound and influence
the purport of each other.

The term, ‘Lok’ is of wide connotation. It signifies the people in

general and conveys the abiding sense of ultimate authority of people. On the
other hand, the term, ‘Adalat’ signifies a sense of thorough, dispassionate and
expert deliberation of issues before it, so that its decisions inspire intrinsic trust-
worthiness, whereas, vernacular meaning of the term, ‘Adalat’ is the court. ‘Lok’
suggests the aspect of public sensitive while ‘Adalat’ suggests the accurate and
through deliberation aspect and both collectivity signify an institution entirely
committed to sub serve the aspirations of speedy justice of people with a
missionary zeal246. The cases referred to the Lok Adalat by the Court could be
settled by conciliation and compromise. The Lok Adalat is presided over by a
sitting judge or retired judicial officer as a chairman and two other members as
usually lawyer or a social worker.

The main condition for recourse to a Lok Adalat is that, both parties in
dispute should agree to reach a settlement. Thus, Lok-Adalat is a suitable
alternative mechanism to resolve disputes in place of litigation. The purpose of
Lok Adalat is only to help the parties to arrive at a settlement. Therefore, the Lok-
Adalat shall be court of ‘compromise and settlement’ and it is desirable that it
shall stick up to these objectives.

246
“LOK ADALAT – A STRATEGIC FORUM FOR SPEEDY AND EQUITABLE JUSTICE”, an article
written by Dr. Vijaykumar Chowbe and Priya Dhanokar

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Number of Legal Awareness and other Activities organized in State of
Maharashtra (January-March 2016)247-
As per directions of NALSA, the Maharashtra SLSA organized –
1) National Lok Adalat (February 2016) on the subject of banking matters
u/s. 138 of N. I. Act, Recovery Suits. In the said Lok Adalat, following
pending and pre-litigation matters were settled-
Pre- litigation matters - 8096
Regular matters - 4429
2) National Lok Adalat (March 2016) on the subject of Civil Revenue
Matters. In the said Lok Adalat, following pending and pre-litigation
matters were settled-
Pre-litigation matters - 340
Regular matters - 2675

3) All the District Legal Services Authorities and Taluka Legal Services
Committees organized Legal Literacy Camp in the month of January
2016 on the
• ADR methods and its benefits
• Government Schemes benefitted for the public at large
• Friendly legal services to children (Juvenile Justice Act)
4) Legal Literacy Classes in Jails : In the month of January 2016, various
programmes on the following topics were organized
• Plea Bargaining
• Rights of Prisoners and Undertrials
• Bail Provisions
5) Organization of Awareness Camps : In the month of February 2016,
various Legal Awareness Camps were organized on the following
topics-
• Government Schemes beneficial to farmers and Acts relating
to the Farmers.
• Protection and enforcement of rights of tribal people.

247
Source: NYATA DEEP, the Official Journal of NALSA, Volume XVII. Issue 2, April 2016

185
 • The Maharashtra Prevention and Eradication Human
Sacrifice and other Inhuman, Evil and Aghori Practices and
Black Magic Act, 2013.
6) 778 Lok Adalat were held during the quarter in which 17529 matters
got settled. In the said period 1840 Legal Literacy Camps were held in
the State.
• Statistical Information given by the National Legal Services Authority248
1) Statement showing the number of person benefitted through Legal
Aid and Advice held by the State Legal Services authorities under the
Legal Services Authorities Act, 1987, since inception as on 31.03.2016

State SC ST OBC Women Children Custody General Total

Maharashtra 50,039 36,306 23,501 102,250 2,399 29,487 3,701,542 3,945,524
Whole India 50,039 36,306 23,501 102,250 2,399 29,487 3,701,542 3,945,524

2) Statement showing the Number of Lok Adalats

Held by the State Legal Services Authorities under the Legal Services
Authorities Act, 1987 and Cases settled since inception as on 31.03.2016
No. of Lok- No. of MACT No. of Cases Settled Compensation Awarded
State Adalats held Cases Settled (including MACT cases) in MACT Cases (in Rs.)
Maharashtra 45,249 110,706 2,986,454 22,229,359,318
Whole India 45,249 110,706 2,986,454 20,229,359,318

The enactment of Legal Services Authority Act, 1987 proved solution for
providing backing to the Lok Adalat. Afterwards the shortcoming and lacunas was
overcome by the Amendment Act, 1994 which proved satisfactory for legal aid
and other related matters. Again for mitigating the requirement of people the Act
was again amended in 2002 which bring revolutionary changes in the movement
in Lok Adalat. Large numbers of cases were settled by the Lok Adalat. In so many
judicial decisions the Supreme Court held that the system of Lok Adalat proved
better option for those who were looking for cheap and speedy justice from the
court.

248
Source: NYATA DEEP, the Official Journal of NALSA, Volume XVII. Issue 2, April 2016

186
 Apart from the above, in landmark decision the Justice Bhagwati point out
that right to legal aid in criminal proceeding from the language of Article 21 and
held that this is constitutional right of every individual.

In other so many leading cases Supreme Court clear that right to legal aid
is fundamental right of the person. For speedy disposal of the cases, the Supreme
Court emphasis on referring the cases to Lok Adalat.
The Indian judiciary through activist role and make reform in the current judicial
system with the introduction of alternative method of dispute settlement like as
Lok Adalat. Therefore, Court also pressed upon that since Lok-Adalats and
Permanent Lok-Adalats are need of the day and facilitating expeditious disposal of
all kinds of cases permanent Lok Adalats must be set up.

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