long and enormously complicated, and also involve considerable
expense. It is because of this that several different and newer ways
of setting disputes both quickly and inexpensively have come up. One
such method is the Lok Adalat.
Lok Adalats were initially started and encouraged by a few judges of
the Supreme Court of India, as a way of promoting the voluntary
settlement of disputes inexpensively and expeditiously. The Lok
Adalats have since received statutory status under an enactment of the
Parliament called the Legal Services Authorities Act 1987. This
composite Act covers legal aid, Lok Adalats and legal assistance
services. The twin institutions are intended to secure the operation
of the legal system in order to promote social justice, particularly
for the weaker sections of society who, because of economic and other
disabilities, cannot afford the costs or delays in normal court
procedures.
If an ordinary person is forced to fight for justice against a
corporation, insurance company, a big company, or a government
undertaking, the fight is always an unequal one. In most cases, an
individual cannot afford proper legal services whereas corporations
can retain the services of some of the best legal practitioners.
Sometimes other court expenses are so heavy that they constrain an
individual litigant. Moreover, technical procedures become more
complex, adjournments increase and costs continue to rise. It was
against the backdrop that the Act providing for the formation of Lok
Adalats was passed. The Act provides that state or district
authorities will organise Lok Adalats from time to time at convenient
places and the Adalats will exercise such jurisdiction in that area as
the state or district authorities confer upon them. It further says
that Lok Adalats will consists of judicial officers of the area and
such other members who possess certain qualifications and experience
as may be prescribed by the state.
The jurisdiction of Lok Adalats is very wide. They can determine
and arrive at compromises or settlements between the parties to a
dispute in respect of any matter falling within the jurisdiction of
civil,criminal or revenue courts or tribunals. A case can go before
the Lok Adalat if the party concerned make a joint application to the
court or the Tribunal indicating their intention to compromise or to
arrive at a settlement. In that case, the Presiding officer or
Tribunal, instead of proceeding with the case, orders that the
proceedings be transferred to the Lok Adalat for arriving at a
compromise/settlement.
The Act itself provides that the Lok Adalat will determine the
proceedings before it and will act with utmost expediency in arriving
at a compromise/settlement between the parties, and that the Lok
Adalats are to be guided by legal principles and principles of justice
, equity and fair play. If no compromise/settlement is arrived at
between the parties in the Lok Adalat, the matter is again transferred
to the court from which it was referred originally.
The award of the Lok Adalat can be enforced in law as it is deemed to
be a decree of a civil court or tribunal and such award is final and
binding upon all parties in dispute to avoid further costs, expenses
and delay. No appeal is provided from such an award to any court.
The Lok Adalat has been given the powers of civil court under the
Civil Procedure Code while trying disputes and the proceedings before
the Lok Adalat are deemed to be the proceedings of a court as
provided in Indian Penal Code.
The Supreme Court and High Courts have held Lok Adalats and continue
to do so from time to time where cases pending before them are
transferred by the consent of the parties. Large numbers of cases have
been decided by Lok Adalats. The awards given by the Lok Adalats are
made the decree of the respective courts. Such Lok Adalats are now
being held by various government departments such as the Electricity
Boards, the Telephone Department, etc.
If properly used, Lok Adalats can be a useful institution. Though
they cannot act as a substitute for the law courts, yet, if
thoughtfully constituted and run, they can become a welcome additional
arm for the existing judicial system. Like any other courts and
tribunals, such Adalats can also be abused by the parties/lawyers/
authorities/ politicians.
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