In a recent development, a daily wage worker from Kandhamal district in Odisha brought his issues before the Lok Adalat. His grievances concerned the Prime Minister of India and connected to technical difficulties he encountered while applying for an Aadhaar card, which prevented him from securing one. The hearing for this unique case has yet to take place.
Understanding the Lok Adalat
The term ‘Lok Adalat’ translates to ‘People’s Court’ and operates based on principles inspired by Mahatma Gandhi. The Supreme Court acknowledges it as an ancient system of adjudication that continues to hold validity in modern times. The Lok Adalat serves as part of the Alternative Dispute Resolution (ADR) system and aims to offer informal, cost-effective, and quick justice.
The first Lok Adalat was established in Gujarat in 1982 and functioned as a voluntary mediation agency without any statutory backing for its decisions. In response to its increasing popularity, lawmakers granted it statutory status under the Legal Services Authorities Act, 1987.
The Lok Adalat’s Structure
A range of legal authorities, such as the State/District Legal Services Authority or the Supreme Court/High Court/Taluk Legal Services Committee, may organise Lok Adalats. The number of serving or retired judicial officers and other people involved with a Lok Adalat varies depending on who organises it. In general, each Lok Adalat consists of a chairperson, who is a judicial officer, and members, made up of a lawyer and a social worker.
An institution known as the National Legal Services Authority (NALSA), alongside other Legal Services Institutions, also aids in conducting Lok Adalats. NALSA was formed under the Legal Services Authorities Act, 1987, and promotes a nationwide network to provide free and competent legal services for the society’s weaker sections.
Jurisdiction of the Lok Adalat
Lok Adalats maintain jurisdiction to reach a compromise or settlement between parties in multiple scenarios, including pre-litigation disputes. They address a wide array of issues, from matrimonial disputes to bank recovery cases. These courts are unable to hear any matter related to an offence that is not compoundable under any existing law.
The Powers of the Lok Adalat
A Lok Adalat carries the same authorities as a Civil Court under the Code of Civil Procedure (1908). It can define its own procedures for determining disputes. All proceedings before a Lok Adalat count as judicial proceedings. The judgments from a Lok Adalat are binding on all parties involved and are considered final, with no room for appeal.
Advantages of Appearing Before the Lok Adalat
The Lok Adalat offers several benefits, including no court fee and a speedy trial. Procedural flexibility enables the parties involved to directly interact with the judge. Additionally, the award given by the Lok Adalat holds the same weight as a decree from a civil court and does not permit any appeals, which accelerates dispute resolution.
About Permanent Lok Adalats
The Legal Services Authorities Act, 1987, underwent amendments in 2002 leading to the establishment of Permanent Lok Adalats. These courts handle matters related to public utilities such as transport, postal, and telegraph services. They operate as permanent bodies and constitute a Chairman and two other persons experienced in public utility services. Their jurisdiction extends up to Rs. 1 Crore.
Shortcomings of the Lok Adalat System
Even though Lok Adalats offer many benefits, they do have a significant drawback. If parties fail to reach a compromise, the case either returns to regular court or the parties are advised to seek a remedy there. As a result, it causes unnecessary delays in justice dispensation.