ARTICLES

INTRODUCTION

Lok Adalat, as the name suggest means People’s Court. ‘Lok’ stands for People and the word ‘Adalat’ means Court. Lok Adalat is a special kind of people’s court in which disputes solved by direct talks between the litigants. The members of legal profession, college students, social organisations, charitable and philanthropic institutions and other similar organisations may be associated with Lok Adalat. Salient features of this dispute resolutions are participation,accomadation,fairness,expectations,voluntariness,neighbourliness,transparency and lack of animosity.Lok Adalat after studying the case, try to solve the simple differences which otherwise are likely to leave for reaching consequences through mutual understanding and compromise.
EVOLUTION

Summarily without too much emphasis on legal technicalities. Alternate Dispute Resolution (ADR), has been an integral part of our historical past.
The concept of Lok Adalat is an innovative Indian contribution to the world jurisprudence. Lok Adalat means peoples’ court. India as a long tradition and history of such methods practiced in the society at grass root level. These are called Panchayat and legally it’s called arbitration. In Lok Adalat justice is dispensed

Ancient concept of settlement of dispute through mediation, negotiation or through arbitral process known as ‘People’s court verdict’ or decision of ‘Nyaya-Panch’ is conceptualised instutionalised in the philosophy of Lok Adalat. The concept of Lok Adalat was pushed back into oblivion in last few centuries before independence and particularly during British regime.

Now this concept has been rejuvenated and became more popular amongst litigants. Camps of Lok Adalat were initially started in Gujarat in March 1982, and now it has been extended throughout the country. The evolution of this movement was a part of the strategy to relieve heavy burden on the Courts with pending cases and to give relief to the litigants who were in the queue to get justice. And the Legal Services Authorities Act 1987 gave a statutory status to Lok Adalats pursuant to the Constitutional mandate in Art. 39-A of the Constitution of India, contains various provisions for settlements of dispute through Lok Adalat.
LOK ADALAT

The expression ‘Lok Adalat’ refers to a summary procedure for disposal of cases pending in various courts through the process of arbitration and settlement between the parties at the instance of the institution called Lok Adalat. Thus the expression Lok Adalat can be used in the following two senses:
1. The process by which the cases pending in various courts are settled with the consent of the parties in a summary way.
2. The institution which take initiative for arriving at a settlement of the case.

By virtue of Sec.19 of the Legal Services Authorities Act, 1987, every state authority, district authority, Supreme Court Legal Services Committee or High Court Legal Services Committee or the Thaluk Legal Service Committee may organise Lok Adalats for settlement of cases pending in courts.

The Lok Adalat is presided over by a sitting or retired judicial officer as a 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.
Main condition of the Lok Adalat is that both parties in dispute should agree for settlement. The decision of Lok Adalat is binding on the parties to the disputes and its order is capable of execution through legal process. No appeal lies against the order of the Lok Adalat.

WHY LOK ADALAT?

The Constitution of India is the fundamental law of the land. Part IV of the Constitution deals with Directive Principles of State Policy. By virtue of Art.39-A the State is under a positive duty to secure that the operation of the legal system promotes justice on the basis of equal opportunity. The State shall also provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

By virtue of Article: 21, “no person shall be deprived of his life or personal liberty except according to procedure established by law”.

In HUSSAINARA KHATOON v. HOME SECRATERY, STATE OF BIHAR, (AIR 1979 SC 1360), the Supreme Court held that “right to speedy trial” is a fundamental right guaranteed under Art: 21 of the Constitution. Justice delayed is justice denied. Speedy trial was held to be the essence of criminal justice.

In SUK DAS v. UNION TERRITORY OF ARUNACHAL PRADESH (1986 5 SCC 401), the Supreme Court held that failure to provide free legal aid to an accused at the cost of the State unless refused by the accused would vitiate the trial. He need not apply for the same. Free legal aid is at the State cost is a fundamental right of an accused person under Art.21 of the Constitution.

A combined reading of Art.21 as interpreted by the Supreme Court of India and Art.39-A of the Constitution establish beyond doubt that speedy trial, free legal aid and equal opportunities for securing justice are fundamental rights of citizen of India and a Constitutional mandate which state has to follow in governance of this country. In order to ensure these rights more effectively, the Parliament enacted the Legal Services Authorities Act, 1987 to organise Lok Adalat to secure that the operation of the legal system promotes justice on a basis of equal opportunity.

COMPOSITION

The secretary of the high court legal services committee organising the Lok Adalat shall constitute benches of the Lok Adalat. Each bench shall comprise of two or three of the following:-

1. a sitting or retired judge of the high court
2. a serving or retired judicial officer
3. a member of the legal profession
4. a social worker.

The secretary of the district authority organising the Lok Adalat shall constitute benches of the Lok Adalat. Each bench shall comprise of two or three of the following:-

1. a sitting or retired judicial officer
2. a member of the legal profession
3. a social worker

The chairman of the taluk legal services committee organising the Lok Adalat shall constitute benches of the Lok Adalat. Each bench shall comprise of two or three of the following:-

1. a sitting or retired judicial officer
2. a member of the legal profession
3. a social worker
Jurisdiction

Both civil and criminal cases which are pending before the courts can be brought before the Lok Adalat for settlement and award. However the Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offence not compoundable under any law.

A case pending in a court may be referred to Lok Adalat on an agreement between parties or on an application made by one of the parties to the court for referring the case to Lok Adalat for settlement. So also the court can suo moto refer a pending case to Lok Adalat.

When cases are referred to a Lok Adalat, it shall make sincere efforts to bring about a conciliatory settlement in every case put before it without bringing about any kind of coercion, threat or undue influence, allurement of misrepresentation. Every Lok Adalat shall, while determining any reference before it, act with at most expedition to arrive at a compromise of settlement between the parties and shall be guided by the principles of justice, equity, fair play and other legal principles.
Procedure at Lok Adalat
The procedure followed at a Lok Adalat is very simple and shorn of almost all legal formalism and rituals. 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. It is revealed by experience that in Lok Adalat it is easier to settle money claims since in most such cases the quantum alone may be in dispute. Thus the motor accident compensation claim cases are brought before the Lok Adalat and a number of cases were disposed of in each Lok Adalat. One important condition is that both parties in dispute should agree for settlement through Lok Adalat and abide by its decision. A Lok Adalat has the jurisdiction to settle, by way of effecting compromise between the parties, any matter which may be pending before any court, as well as matters at pre-litigative stage i.e. disputes which have not yet been formally instituted in any court of law. Such matters may be civil or criminal in nature, but any matter relating to an offence not compoundable under any law cannot be decided by the Lok Adalat even if the parties involved therein agree to settle the same. Lok Adalat can take cognizance of matters involving not only those persons who are entitled to avail free legal services but of all other persons also, be they women, men, or children and even institutions. Anyone, or more of the parties to a dispute can move an application to the court where their matter may be pending, or even at pre-litigative stage, for such matter being taken up in the Lok Adalat bench constituted for the purpose shall attempt to resolve the dispute by helping the parties to arrive at an amicable solution and once it is successful in doing so, the award passed by it shall be final which has as much force as a decree of a civil court obtained after due contest.
Finality of Lok Adalat award:
One issue which raises head often is the finality of the award of the Lok Adalat. During the Lok Adalat, the parties agree to abide by the decision of the judge at the Lok Adalat. However, it is often seen that later, the same order is challenged on several grounds. In one of the recent decisions, the supreme court of India has once again laid to rest all such doubts. In unequivocal terms, the court has held that award of the Lok Adalat is as good as the decree of a court. The award of the Lok Adalat is fictionally deemed to be decrees of court and therefore the courts have all the powers in relation thereto as it has in relation to a decree passed by itself. This includes the powers to extend time in appropriate cases. The award passed by the Lok Adalat is the decision of the court itself though arrived at by the simpler method of conciliation instead of the process of arguments in court.
Consent of parties: The most important factor to be considered while deciding the cases at the Lok Adalat is the consent of both the parties. It can not be forced on any party that the matter has to be decided by the Lok Adalat. However, once the parties agree that the matter has to be decided by the Lok Adalat, then any party cannot walk away from the decision of the Lok Adalat. In several instances, the supreme court has held that if there was no consent the award of the Lok Adalat is not executable and also if the parties fail to agree to get the dispute resolved through Lok Adalat, the regular litigation process remains open for all contesting parties.
The Supreme Court has also held that compromise implies some element of accommodation on each side; it is not apt to describe it as total surrender.
A compromise is always bilateral and means mutual adjustment. Settlement is termination of legal proceedings by mutual consent. If no compromise or settlement is or could be arrived at, no order can be passed by the Lok Adalat.

Powers of Lok Adalat
Lok Adalat has the same powers as those vested in a civil court under the code of civil procedure, 1908 while trying a suit in respect of the following matters, namely-
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.

Every Lok Adalat shall have the requisite powers to specify its own procedures for the determination of any dispute coming before it.

CURRENT STATUS

In recent time the concept of Lok Adalat has gained popularity. Prison Lok Adalat, Provident Fund Lok Adalat, Labour Law Adalat, etc., are organised to settle disputes, and naturally many may be curious to know that what is Lok Adalat. Lok Adalat means Peoples’ court, in contrast to the regular law courts established by the government. Despite the fact that the judicial system in India is well organised with high level of integrity, the law courts are confronted with four main problems:
1. The number of courts and judges in all grades are alarmingly inadequate;
2. Increase in flow of cases in recent years due to multifarious Acts enacted by the Central and State government;
3. The high cost involved in prosecuting or defending a case in a court of law, due to heavy court fee, lawyer’s fee and incidental charges and
4. Delay in disposal of cases resulting in huge pendency in all courts.

Some statistics may give us a feeling of tremendous satisfaction and encouragement. Up to the middle of the year 2004, more than 200,000 Lok Adalats have been held and therein more than 16 million cases have been settled, half of which were motor accident claim cases. More than One Billion US dollars were distributed by way of compensation to those who had suffered accidents. 6.7 million Persons have benefited through legal aid and advice.

About 90% of the cases filed in the developed countries are settled mutually by conciliation, mediation etc. and as such, only 10% of the cases are decided by the Courts there. In our country, which is developing, has unlike the developed countries, number of Judges disproportionate to the cases filed and, hence, to alleviate the accumulation of cases, the Lok Adalat is the need of the day.

ADVANTAGES OF LOK ADALAT

The benefits that litigants derive through Lok Adalat are many,
1. There is no court fee and even 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.
2. There is no strict application of the procedural laws and the Evidence Act while assessing the merits of the claim by the Lok Adalat. The parties to the disputes though represented by their Advocate can interact with the Lok Adalat judge directly and explain their stands in the dispute and the reasons therefore, which is not possible in a regular court of law.
3. Disputes can be brought before the Lok Adalat directly instead of going to a regular court first and then to the Lok Adalat.
4. The decision of Lok Adalat is binding on the parties to the dispute and its order is capable of execution through legal process. No appeal lies against the order of the Lok Adalat whereas in regular courts of law there is always a scope to appeal to the higher forum on the decision of the trial court, which cause delay in the settlement of dispute finally. The reason being that in a regular court, decision is that of the court but in Lok Adalat it is mutual settlement and hence no case for appeal will arise. In every respect the scheme of Lok Adalat is a boon to the litigant public, where they can get their disputes settled fast and free of cost.
5. Last but not the least, faster and inexpensive remedy with legal status.

The scheme also helped the overburdened court to alleviate the burden of arrears of cases and as the award becomes final and binding upon both the parties, no appeal is filed in the Appellate Court and, as such, the burden of the Appellate Court in hierarchy is also reduced. The scheme is not only helpful to the parties but also to the overburdened courts to achieve the constitutional goal of speedy disposal of the cases.
PERMENENT LOK ADALAT
The Legal Service Authorities Act, 1987 provides for the conduct of Lok Adalats. Lok Adalats can deal with pending cases which are referred to it for determination. Lok Adalats are organised at regular intervals. The Legal Services Authorities Act has been amended in 2002 with the object of establishing Permanent Lok Adalats.
Sec. 22 B of the Act provides for the establishment of the Permanent Lok Adalats. The Central Authority or every State Authority shall, by notification, establish Permanent Lok Adalats.
Every Lok Adalat established for an area shall consist of the following persons:
1. A person who is, or has been a District Judge or Additional District Judge or has been held judicial office higher in rank than that of a District Judge. He shall be the Chairman of the Permanent Lok Adalat.
2. Two persons having adequate experience in public utility service. They are to be nominated by the Central or State government on the recommendation of the Central or the State authority.

Any party to a dispute may, before the dispute is brought before any court, make an application to the Permanent Lok Adalat for the settlement of the dispute. The Permanent Lok Adalat shall not have jurisdiction in respect of any matter relating to an offence not compoundable under any law. It shall not have jurisdiction in the matter where the value of the property in dispute which exceeds rupees ten lacks.
After an application is made to the Permanent Lok Adalat a party to that application shall not invoke jurisdiction of any court in the same dispute.
When an application is made to the Permanent Lok Adalat, it shall direct each party to file written statement stating the facts and nature of dispute. After filing of written statement the Permanent Lok Adalat shall conduct conciliation proceedings. The Permanent Lok Adalat shall assist the parties to reach an amicable settlement of dispute. If a settlement is arrived at, in the conciliation proceedings, the Permanent Lok Adalat shall formulate a settlement agreement and obtain signature on the settlement agreement and pass an award in terms of that agreement. A copy of the award shall furnish to each of the parties to the dispute. If the parties failed to reach an agreement, the Permanent Lok Adalat shall decide the dispute. The award of the Permanent Lok Adalat shall be final and binding on all the parties thereon and on persons claiming under them. Every award shall be deemed to be a decree of a Civil Court. The Permanent Lok Adalat shall transmit any award made by it to a civil court having local jurisdiction to execute the same.
CONCLUSION
We must remember that the Lok Adalats are not substitutes for existing courts. Lok Adalat lends itself to easy settlement of money claims; there is scope for other disputes as well. Partition suits damages and matrimonial cases can be easily settled before Lok Adalat as the scope for compromise through an approach of give and take is high in these cases. In Lok Adalat justice is dispensed summarily without too much emphasis on legal technicalities. It has to be a very effective alternative to litigation. Lok Adalat is a boon to the litigant public, where they can get their dispute settled faster and at free of cost. Experience has shown that it’s one of the efficient and important ADR and most suited to the Indian environment, culture and social interests. Objective of Lok Adalat is to settle the disputes which are pending before the courts, by negotiations, conciliation and by adopting persuasive common sense and human approach to the problems of the disputants. The large population of India and the illiterate masses have found the regular dispensation of justice through regular courts very cumbersome and ineffective. The special condition prevailing in the Indian society and due to economic structure, highly sensitized legal service is required which is efficacious for the poor and the ignorant masses. The Lok Adalat movement is no more an experiment in India. It’s now a success and needs to be replicated in certain matters. It properly, thoughtfully, and wisely constituted, Lok Adalats can become an additional arm of existing judicial institution, and moreover, if the process of accumulation of arrears is reversed and there is less burdening, its qualitative performance can improve.