LOK ADALAT: A PATHWAY TO SPEEDY AND AFFORDABLE JUSTICE

Author: Bhavika Khetrapal, S.S. Khanna Girls’ Degree College, University of Allahabad.

India made a significant contribution to the field of jurisprudence when it invented the notion of Lok Adalat. A further platform for the victims' disputes to be satisfactorily settled was offered by Lok Adalats. The foundation for the creation of Lok Adalats is found in Chapter IV of the Indian Constitution, which contains the Directive Principles of State Policy. The Gandhian Principles of DPSP serve as the foundation for ADR, or alternative dispute resolution, of which Lok Adalat is a part. In the past, arbitration was the method used by "Panchayats" to settle conflicts between villages. It turned out to be a successful substitute for going to court. All that Lok Adalat is is the institutionalization or expression of the Nyaya-Panchayat, which fulfills the duties of the Arbitral process 

By its very name, Lok Adalat simply means people's court. The two terms "Lok" (people) and "Adalat" (court) combine to form Lok Adalat. Such techniques were fundamental to the Indian legal system's implementation at the local level. A Lok Adalat organized under Chapter VI of THE LEGAL SERVICES AUTHORITIES ACT, 1987 is defined as such under Section 2(d) of that act.

The pre-independence era destroyed the idea of Lok Adalats, particularly under the British Regime. However, it has since been revived and is becoming increasingly popular among litigants. This system is now an essential component of the Indian justice system and is committed to the Indian ethos's culture and understanding of justice. The Legal Services and Authorities Act of 1987 served as the foundation for the establishment of Lok Adalats. Nonetheless, the Lok Adalat was initially held in Gujarat in 1982, and it is currently being held throughout the entirety of India. This idea came forth with the intention of alleviating the backlog of cases in ordinary courts and providing relief to those who were waiting to receive justice. The initial Lok Adalat was held in Junagarh, Gujarat, on March 14, 1982. When it comes to resolving minor infractions like car accident claims, matrimonial/family problems, labor disputes, conflicts involving public utilities like electricity, bank recovery lawsuits, etc., Lok Adalats have been incredibly successful. The Lok Adalat statistics are quite encouraging and offer us great happiness. By the end of 2020, the National Lok Adalat had resolved 10 lakh cases, according to a PIB India study. 

The Legal Services Authorities Act was passed in 1987 in order to enact Article 39-A of the COI, giving the Lok Adalats in India statutory status. The LSA was passed in order to establish legal services authorities that would offer the less fortunate members of society free and competent legal assistance. This would guarantee that citizens would not be denied justice due to financial or other disabilities, and it would also establish Lok Adalats to make sure the legal system functions in a way that advances justice for all. legal recognition for Lok Adalats, subject to the condition that the decision made by the Lok Adalat establishing the terms of compromise shall be enforceable as a court ruling. can be carried out via a civil court order.

"Using Lok Adalats to resolve disputes not only minimizes litigation expenditure, but it also saves valuable time for the parties and their witnesses and facilitates inexpensive and prompt remedy appropriately to the satisfaction of both the parties," stated Ramaswamy J. in his statement. 

Lok Adalats are empowered to decide on a compromise or settlement between disputing parties regarding:

1. Any issue that is currently pending; or 

2. Any subject that is filed before a court that the Lok Adalat is organized to handle. Even in criminal matters, which are susceptible to compounding under any of the applicable criminal statutes, the Lok Adalats have the authority to decide on a compromise and settlement

Sec.19 of THE LEGAL SERVICES AUTHORITIES ACT,1987, provides for Lok Adalats. 

Sec.19(1) Every State Authority or District Authority or the Supreme Court Legal Services Committee or every High Court Legal Services Committee or, as the case may be, Taluk Legal Services Committee may organise Lok Adalats at such intervals and places and for exercising such jurisdiction and for areas as it thinks fit. 

Sec.19(2) Every Lok Adalat organised for an area shall consist of such member of- 

1. serving or retired judicial officers; and 

2. other persons, of the area as may be specified by the Authorities in Sec.19(1). 

Sec.19(3) The experience and qualifications of other persons referred to in clause (b) of sub-section (2) for Lok Adalats organised by the Supreme Court Legal Services Committee shall be such as may be prescribed by the Central Government in consultation with the Chief Justice of India. 

Sec.19(4) The experience and qualifications of other persons referred to in clause (b) of sub-section (2) for Lok Adalats other than referred to in sub-section (3) shall be such as may be prescribed by the State Government in consultation with the Chief Justice of the High Court. 

Sec.19(5) 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— 

1. any case pending before; or 

2. 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 any case or matter relating to an offence not compoundable under any law.

Sec.20 of THE LEGAL SERVICES AUTHORITIES ACT,1987, provides for the cognizance of cases by Lok Adalats. 

1. On Application 

Sec. 20(1) In any case mentioned in clause 

(i) of sub-section (5) of section 19, if— 

i. the parties thereto agree; 

ii. one of the parties thereto applies to the court to have the case referred to the Lok Adalat for settlement, and the court is satisfied that there is a reasonable chance that the matter will be settled; or the court is satisfied that the matter is a suitable one to be acknowledged by the The court will refer the case to the Lok Adalat. However, no case will be sent to the Lok Adalat under clause (i) or clause (ii) subclause (b) by such court until it has been given a fair chance to be heard.

2. Suo Moto 

Sec.20(2) Regardless of what is stated in any other law currently in effect, the Authority or Committee organizing the Lok Adalat under sub-section (1) of section 19 may, upon receiving an application from any party to any matter referred to in clause (ii) of sub-section (5) of section 19 stating that the matter requires a Lok Adalat's determination, refer the matter to the Lok Adalat for conclusion: 

With the caveat that no matter may be submitted to the Lok Adalat until the opposing side has had a fair chance to be heard. Put another way, when the court determines that a subject is suitable for the Lok Adalat to take notice of, the court will refer the matter to the Lok Adalat within after giving each party a chance to be heard, or audi alteram partem. Additionally, the committee or authority hosting Lok Adalat has the ability to submit a disagreement to Lok Adalat upon request from any party, provided that all parties have been given a fair chance to present their case.

Sec.20(3) A Lok Adalat will handle a case or matter and reach a compromise or settlement between the parties if it is referred to it under sub-section (1) or if a referral has been made to it under sub-section (2).

Sec.20(4): When considering any reference brought before it by this Act, each Lok Adalat shall endeavor to reach a compromise as quickly as possible or agreement reached between the parties, and it will be governed by the legal, fair play, equity, and justice principles. 

Sec.20(5) The Lok Adalat shall return the case file to the court from whence the reference was received under subsection if it does not make an award on the grounds that the parties are unable to reach a compromise or settlement. Sec.20(6) In the absence of an award made by the Lok Adalat on the grounds that, in a subject mentioned in sub-section (2), no settlement or compromise could be reached between the parties, and that the Lok Adalat shall advise the parties to seek recourse in a court. Sec.20(7): The court will begin handling the case from the point at which it was before the reference under Subsection (1) if the case record is returned to it under Subsection (5). Put simply, the case must be brought back to the court from whence it was referred if a settlement or compromise cannot be reached. The court proceedings will thereafter continue from the point right before the reference. 

Section 21 of THE LEGAL SERVICES AUTHORITIES ACT, 1987, deals with Lok Adalat awards. Section 21(1): All decisions made by the Lok Adalat are considered decrees of civil courts or orders of other courts, as applicable. In cases where a Lok Adalat resolves a dispute under subsection (1) of section 20 and reaches a compromise or settlement, the court fees paid in that case will be reimbursed in accordance with the Court-fees Act, 1870 (7 of 1870). Section 21(2): Any decision rendered by a Lok Adalat is final, enforceable against all parties involved, and cannot be appealed to any court.

According to Article 227 of the Indian Constitution, a petition is the only way to contest an adalat. To enhance comprehension, we can interpret it as follows: All Lok Adalat awards will be considered as civil court decrees. All parties involved in the dispute, as well as the panel that makes up Lok Adalat, must sign each award. Each award will be included in the Court Records. ➢ Every award must be clear and unambiguous. Each award will be given out in either English or the regional language. ➢ Every party will receive a complimentary certified copy of the award. ➢ Every decision rendered by Lok Adalat is final and enforceable against all parties involved in the dispute, and no appeal may be filed with any court against the honour.

➢The Court Fees Act, 1870 provides for the return of any court fees already paid in the event that a pending matter is decided at Lok Adalat. The Lok Adalat's decision is final and cannot be disputed in an appeal; however, the petitioner may file a petition with the High Court in accordance with Article 227 of the Indian Constitution. 

Section 22 of THE LEGAL SERVICES AUTHORITIES ACT, 1987 establishes the Lok Adalat’s powers. Sec. 22(1) The [Lok Adalat or Permanent Lok Adalat] shall have the same authority as a Civil Court under the Code of Civil Procedure in order to hold any resolution under this Act, 1908 (5 of 1908), during the trial of a lawsuit concerning the following issues: (a) witness summons, attendance requirements, and oath examinations; (b) document discovery and production; (c) affidavit-based evidence receipt; (d) obtaining public records, documents, or copies thereof from any court or office; and (e) any other matters as may be prescribed.

For a clearer understanding, we can deduce that, with regard to the aforementioned things, the Lok Adalat possesses the authority of the civil court under the Code of Civil Procedure, 1908, when trying a suit. The provisions outlined in Sections 22(1)(a) through 22(1)(e) of THE LEGAL SERVICES AUTHORITIES ACT, 1987 provide the Lok Adalat the authority of a civil court under C.P.C. Sec. 22(2)No [Lok Adalat or Permanent Lok Adalat] shall have the ability to prescribe its own procedure for resolving any issue that comes before it, subject to the generality of the powers specified in sub-section (1). According to the reading above, each Lok Adalat will have the authority to establish and implement its own protocol for the decision of

of any disagreement that it faces. Section 22(3) Sections 193, 219, and 228 of the Indian Penal Code (45 of 1860) shall apply to all proceedings before a [Lok Adalat or Permanent Lok Adalat]; additionally, every two [Lok Adalat or Permanent Lok Adalat] shall be deemed a Civil Court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). This clause implies that all proceedings before a Lok Adalat will be considered judicial proceedings for the purposes of Sections 193, 219, and 228 of the I.P.C. and that each Lok Adalat will be considered a civil court for the purposes of Sec.195 and Chapter XXVI of Cr.P.C

In 2002, the government made certain changes to the Legal Services Authorities Act of 1987. The aforementioned modification was incorporated, and Chapter VI-A was added to the act under the name of pre-litigation consultation and settlement. Section 22-B states that "PERMANENT LOK ADALATS (PLA)" must be set up in different places to hear cases involving Public Utility Services (PUS). To settle disputes involving public utility services, Central or State Authorities may create Permanent Lok Adalats by notifying any Permanent Lok Adalat. 

Public Utility Services include: 

(1) Transportation; 

(2) Postal, telegraph, or phone services; 

(3) Public supply of water, electricity, and light; (4) Public sanitation or conservation systems; 

(5) insurance services; and any additional services as announced by the federal or state governments. The same powers granted to Lok-Adalats under Section 22(1) of the Act also apply to PERMANENT LOK ADALATs. Provision 22B of THE LEGAL SERVICES AUTHORITIES ACT, 1987 deals with the creation of Lok Adalats that are Permanent. Section 22B(1) Regardless of what is stated in Section 19, the Central Authority or, if applicable, each State Authority shall, by notification, create Permanent Lok Adalats at the locations and for the purposes of exercising the jurisdiction over one or more public utility services, as well as for the areas that may be specified in the alert. Sec.22B(2) Every Permanent Lok Adalat established for an area notified under sub-section (1) shall be composed of: 

(a) a person who is, or has been, a district judge, additional district judge, or has held judicial office higher in rank than that of a district judge, who will serve as the Permanent Lok Adalat's chairman; and 

(b) two other people with sufficient experience working for public utility companies who will be nominated by the Central Government, or the State Government, as appropriate, on the advice of the Central Authority, designated by the State Authority or the Central Authority, defining the parameters of the Permanent Lok Adalat and the other terms and conditions of The appointment of the Chairman and the other individuals mentioned under subsection (b) will follow any guidelines that the Central Government may specify. 

1.  Quick Justice and Time Saving in the Administration of Justice: Lok Adalats ensure prompt justice since they can be held in appropriate locations, quickly scheduled, and in local languages, even for those who are illiterate. The Lok Adalat does not carefully follow the Evidence Act or procedural criteria while assessing a claim's merits. Thus, another name for Lok Adalats is "People's Festivals of Justice”. In a traditional court of law, it is not possible for the offender or the victims to speak with the judge directly. However, in a Lok Adalat, the victims can speak with the judge directly or through their advocate, outlining their position in dispute. 

2. No-cost justice: The only Lok Adalat is an established process for settling conflicts when neither party has to pay any money. There are no court fees assessed by the Lok Adalat. If the case has already been filed in the regular court and the dispute is settled at the Lok Adalat, the paid fee is reimbursed in compliance with the Court Fees Act. These kind of refunds encourage the parties to negotiate a settlement. The public that files lawsuits benefits greatly from Lok Adalat since it allows them to settle their cases quickly and for free. 

3. Resolving Problems With Backlog Cases:In the event that a Lok Adalat reaches a compromise, an award is made that the parties are required to follow. It's handled as the Civil Court's Decree. One important consideration is that, being a consent judgement, the result is final and cannot be contested, other than under Article 227 of the Indian Constitution. All Lok Adalat hearings are regarded as legal proceedings, and each one operates as a civil court. The provisions of the Legal Services Authority statute of 1987 supersede any conflicting laws, as per Section 25 of the same statute. 

4. Sustaining Friendly Relations: For Lok Adalats, compromise is the main priority. Should a settlement not be reached, the matter is remanded to the court. A Lok Adalat acts as a conciliator and not an arbitrator, facilitating the processes. Its aim is to assist the disputing parties reach a consensus and to encourage them to do so. Lok Adalat cannot decide the issues for the parties or force them to reach a judgment. It encourages consensus-driven agreements. If a decision is made on an issue that neither party finds acceptable, Lok Adalat cannot make it. Disagreements are resolved amicably in Lok Adalats, and the cordial rapport between the participants is upheld. As a result, it is a very effective way to settle disputes.

1. P.T. Thomas vs Thomas Job

DATED:- 04 AUGUST,  2005 

"The Lok Adalat" is an antiquated form of adjudicating system that predominated in ancient India, and its validity has not been taken away even in current times," the Supreme Court of India noted. 'People Court' is what the term 'Lok Adalat' refers to. Gandhianism serves as the foundation for this system. It is among the elements that make up the ADR system. Due to the overwhelming backlog of cases in Indian courts, normal courts must consider matters that require a drawn-out, costly, and laborious process. Even minor cases take years for the Court to resolve collectively. Thus, Lok Adalat offers an alternative method of resolution or a plan for quick and affordable justice. The following was noted by the bench consisting of Justice Dr. A.R. Laksmanan and Hon. Justice Ruma Pal.

and stated that the Lok Adalats are among the greatest systems for resolving minor disputes. They also pointed out that the Lok Adalat system was previously in use in India under the name Village Panchayats. "The traditional adjudicating system known as "Lok Adalat" was prevalent in ancient India and is applicable in modern times. The term 'Lok Adalat' denotes the People Court. This system operates on the basis of Gandhianism. It is one of the components of the ADR framework. Owing to the excessive backlog of cases in Indian courts, regular courts are forced to take on cases that need lengthy, expensive procedures. The Court takes years to handle even little matters.

as a group. Therefore, Lok Adalat presents a different approach to settlement or a strategy for prompt and reasonably priced justice. 

2. Radhey Shyam &Anr vs Chhabi Nath &Ors

DATED:- 26 FEBRUARY,  2015 

A writ of certiorari is not granted by the High Court in accordance with Article 227 of the Constitution. In order to maintain tribunals and courts within the parameters of their jurisdiction, the High Courts are granted a very limited superintendence power under Article 227 of the Constitution. Orders from both civil and criminal courts may only be reviewed under Article 227 in extremely rare circumstances where there has been a blatant injustice. But such authority is not to be used to rectify a factual or legal error. The Lok Adalat's decision is final and binding on both parties, as stated in Section 21(2) of THE LEGAL SERVICES AUTHORITIES ACT, 1987, and no appeal may be filed in any of

the courts against the Lok Adalat's ruling. Nonetheless, Article 227 of the Indian Constitution provides a constitutional remedy in Lok Adalat instances including fraud and arbitrariness. The Indian Constitution's Article 227 was observed by the bench consisting of Hon. Justice Adarsh Kumar Goel, Justice A.K. Sikri, and Justice H.L. Dattu in the aforementioned case. Section 22 of THE LEGAL SERVICES AUTHORITIES ACT, 1987, which eventually makes Lok Adalat a civil court under C.P.C., makes reference to the High Court's power of superintendence over all of its courts in Article 227 of the COI. This means that the High Court will have supervisory jurisdiction over all subordinate courts, including Lok Adalat indicates that the parties may file a complaint with the High Court under COI Article 227 in the event of fraud or arbitrariness. 

As this article has repeatedly stated, Lok Adalats play a vital role in a nation because of a variety of issues like unresolved cases, low literacy rates, etc. In India, where illiteracy was ubiquitous in all facets of government, the Lok Adalat was historically indispensable. The most desired function of Lok Adalats is backlog clearance, as there are 4.3 crore pending cases in Indian courts out of a total of 5 crores, according to the latest figures; nonetheless, other goals cannot be ignored. The LokAdalat concept has worked well in reality. The fundamental goal of the Indian Constitution, "equal access to justice," is greatly advanced and strengthened by Lok Adalats. We have to maximize India's impact on the world ADR case law. In order to fulfil the Gandhian ideals of "access to justice for all" and Gram Swaraj, as many Lok Adalats as possible must be held across the nation. It has been found in recent years that Lok Adalat is a useful alternative dispute resolution procedure in India. Its success and popularity can be attributed to its inexpensive cost and creative style. The general public and legal experts accepted the system just as much as the litigants did. The establishment of Panchayats at the village and regional levels defines the boundaries of India's judicial system, and the notion of Lok Adalats was historically an essential component of the country's legal system. All that Lok Adalats are is an institutionalized version of the same Panchayats by THE LEGAL SERVICES AUTHORITIES ACT, 1987, enacted by the government.

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2. Legal Services Authorities Act, 1987, Act No. 39, Acts of Parliament, 1987 (India).

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4. Singh, S. (2022, February 3). New Okhla Industrial Development Authority / Noida vs Yunus. NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY / NOIDA vs YUNUS. https://www.indianconstitution.in/2022/02/new-okhla-industrial-development.html (Accessed: 22 January, 2025)

5. Advocate, S. S. (2021, October 10). Lok Adalat has no jurisdiction to decide a matter on merits: SC. Legal Articles in India. https://www.legalservicesindia.com/law/article/2234/4/Lok-Adalat-Has-No-Jurisdiction-To-Decide-A-Matter-On-Merits-SC (Accessed: 22 January, 2025)