Lok Adalat

Lok Adalat: A Beacon of People’s Justice

Introduction

Lok Adalat, which translates to ‘People’s Court,’ finds its roots in Gandhian principles and represents an ancient form of dispute resolution in India. Remarkably, its relevance endures even in contemporary times. It constitutes a vital component of the Alternative Dispute Resolution (ADR) system, offering accessible, cost-effective, and expeditious justice to the general populace.

Historical Evolution

The inception of Lok Adalat can be traced back to 1982, with the first Lok Adalat camp organized in Gujarat. Initially, it operated as a voluntary and conciliatory agency without statutory support. However, owing to its increasing popularity, it attained statutory status under the Legal Services Authorities Act of 1987, which outlined the provisions governing the organization and operation of Lok Adalats.

Structure and Composition

Lok Adalats are organized and coordinated by the State/District Legal Services Authority, the Supreme Court, the High Court, or the Taluk Legal Services Committee. These entities decide when, where, and to what extent Lok Adalats should function.

Typically, a Lok Adalat comprises a judicial officer serving as the chairman, complemented by a lawyer (advocate) and a social worker as members. The National Legal Services Authority (NALSA) collaborates with other Legal Services Institutions to conduct Lok Adalats across India.

Jurisdiction and Scope

Lok Adalats hold jurisdiction over several dispute categories, including cases pending before any court and matters within a court’s jurisdiction that still need to be brought before it. Cases can be referred to a Lok Adalat if the parties involved consent, if one party requests such referral, or if the court believes that the Lok Adalat is equipped to resolve the matter.

These informal tribunals are often employed for addressing various disputes, such as marital and family issues, criminal cases that are compoundable offences, land acquisition disputes, labour conflicts, workers’s compensation claims, and bank recovery disputes.

It’s important to note that Lok Adalats lack jurisdiction over non-compoundable offences deemed too severe to be settled through this process.

Empowered Proceedings

Lok Adalats have the same powers as Civil Courts under the Code of Civil Procedure (1908). They also have the authority to establish their procedures for dispute resolution. Moreover, their proceedings are considered judicial, and the awards they issue hold the weight of a civil court decree. These awards are legally binding and not subject to appeal, which expedites the dispute settlement process.

Inherent Benefits

The Lok Adalat system offers several advantages, such as the absence of court fees, with refunds available when disputes are resolved within the Lok Adalat. It boasts procedural flexibility and swift trial proceedings, eschewing the rigid application of procedural laws. Parties involved in disputes can directly engage with the judge through their counsel, fostering an interactive environment that differs from conventional courts.

Ultimately, Lok Adalat awards stand as final and binding decrees, effectively streamlining the resolution of disputes. The non-appealable nature of these awards ensures that conflicts reach their conclusion without prolonged legal wrangling, serving the interests of justice and efficiency.

Powers

The Lok Adalat, often called the “People’s Court,” holds significant powers that enable it to provide efficient and accessible justice to the ordinary people. These powers are intrinsic to its functioning and contribute to its effectiveness as an alternative dispute-resolution mechanism.

1. Powers akin to Civil Courts:

The Lok Adalat is vested with powers akin to those of a Civil Court operating under the Code of Civil Procedure (CPC) of 1908. This enables the Lok Adalat to adjudicate and resolve civil disputes efficiently. It can issue orders, summon witnesses, and take all necessary steps to reach a fair settlement between the parties involved in an argument.

2. Customized Procedure:

One of the remarkable features of the Lok Adalat is its ability to specify its procedures for dispute resolution. This flexibility allows it to adapt to the unique circumstances of each case. The Lok Adalat ensures a streamlined and efficient settlement process by crafting procedures well-suited to the particular dispute.

3. Judicial Status:

All proceedings conducted within the Lok Adalat are deemed to be judicial proceedings according to the Indian Penal Code (IPC) of 1860. Moreover, from a legal perspective, the Lok Adalat is regarded as a Civil Court for the Code of Criminal Procedure (CrPC) of 1973. This elevated status underscores the seriousness and legal validity of its decisions.

These powers empower the Lok Adalat to render fair judgments and foster an environment of trust and confidence in its proceedings. By embracing alternative dispute resolution mechanisms like the Lok Adalat, India’s legal system endeavours to provide swift and accessible justice to all, making the legal process more approachable and less cumbersome for the familiar people.

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M.C.Q.

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