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Maarg Manthan · Topic 19.5

Lok Adalats and Alternative Dispute Resolution

Indian Polity › Subordinate Courts · Topic 19.5

Lok Adalats, given statutory status by the Legal Services Authorities Act, 1987, are people’s courts that settle pending and pre-litigation disputes by compromise; their awards are decrees of a civil court, final and non-appealable, and Permanent Lok Adalats handle public utility services.

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Lok Adalats and Alternative Dispute Resolution - Indian Polity - MaargX UPSC Maarg Manthan

At a Glance

  • What it is A people’s court for amicable settlement of disputes
  • Law Legal Services Authorities Act, 1987
  • First camp Gujarat, 1982
  • Award Deemed a civil court decree; final; no appeal
  • Exam link UPSC Prelims, Polity: Subordinate Courts

Where Does It Fit?

This is the fifth topic of the category on Subordinate Courts. Article 39A provides for free legal aid to the poor and weaker sections, and Articles 14 and 22(1) oblige the State to ensure equality before law and a legal system promoting justice on the basis of equal opportunity.

The Legal Services Authorities Act, 1987 was enacted by Parliament and came into force on 9 November 1995 to establish a nationwide uniform network for providing free and competent legal services. The National Legal Services Authority (NALSA) was constituted under it to monitor and evaluate legal aid programmes and lay down policies and principles. There is a State Legal Services Authority in each state, a High Court Legal Services Committee in each High Court, District Legal Services Authorities and Taluk Legal Services Committees, and the Supreme Court Legal Services Committee. Their main functions are to provide free and competent legal services to eligible persons, organise Lok Adalats for amicable settlement and organise legal awareness camps in rural areas. Free legal services include payment of court fee and process fees, lawyers, certified copies and preparation of appeals. Eligible persons include women and children, SC/ST members, industrial workmen, victims of mass disaster and violence, disabled persons, persons in custody, persons whose annual income does not exceed Rs 1 lakh (Rs 5 lakh in the Supreme Court Legal Services Committee), and victims of trafficking or beggars.

Lok Adalat: Meaning and Features

A Lok Adalat is a forum where cases pending in court or at the pre-litigation stage are compromised or settled in an amicable manner. The word means People’s Court. The Supreme Court has explained it as an old form of adjudicating system prevalent in ancient India, based on Gandhian principles and one of the components of the Alternative Dispute Resolution (ADR) system, offering expeditious and inexpensive justice. In its proceedings there are no victors and vanquished and no rancour. The first Lok Adalat camp in post-independence India was organised in Gujarat in 1982, and it was given statutory status by the Legal Services Authorities Act, 1987.

Feature Rule
Organised by State, District, Taluk Legal Services Authority or Committee, High Court or Supreme Court Legal Services Committee
Composition Serving or retired judicial officers and other persons; generally a judicial officer as chairman with an advocate and a social worker
Jurisdiction Any case pending before a court, or any matter within the jurisdiction of a court but not yet brought before it (pre-litigation); none for non-compoundable offences
Reference By consent of parties, application by a party, or the court’s satisfaction
Powers Those of a civil court under the Code of Civil Procedure (summoning witnesses, discovery, affidavits, public records)
Award Deemed decree of a civil court; final and binding; no appeal

Types of Lok Adalats

Type Description
National Lok Adalats Held at regular intervals, on a single day throughout the country in all courts from the Supreme Court to the Taluk level; since 2015 on a specific subject every month
State Lok Adalats Regular Lok Adalats: continuous, daily, mobile and mega Lok Adalats
Permanent Lok Adalats For public utility services, set up by the 2002 amendment of the 1987 Act

Benefits: no court fee, and any fee already paid is refunded if the dispute is settled; procedural flexibility and speedy disposal; parties can directly interact with the judge through counsel; and the award is binding and non-appealable. The Law Commission of India listed the advantages of ADR: less expense, less time, freedom from technicalities, freedom to discuss differences without fear of disclosure, and the feeling that nobody has lost.

Permanent Lok Adalats and Family Courts

The Legal Services Authorities Act was amended in 2002 to provide for Permanent Lok Adalats for public utility services. A Permanent Lok Adalat consists of a chairman who is or has been a district judge, an additional district judge or higher, and two other persons experienced in public utility services. It has jurisdiction over transport services of passengers and goods by air, road and water; postal, telegraph and telephone services; supply of power, light or water; public conservancy or sanitation; services in hospitals or dispensaries; and insurance services. The pecuniary jurisdiction was up to Rs 10 lakh and was raised in 2015 up to Rs 1 crore. It has no jurisdiction over non-compoundable offences. Once an application is made to it, no party can approach a court on the same dispute. If no agreement is reached, it decides the dispute on merits, and its award is final and binding. Family Courts under the Family Courts Act, 1984 promote conciliation and speedy settlement of family disputes, must be set up in every city or town with a population above one million, and have only one right of appeal, to the High Court.

Why Is This Topic Important?

  • Frequently asked Lok Adalat features are standard Prelims
  • Link to Article 39A Free legal aid
  • Statutory status Award is a civil court decree

What Came Next?

The next topic covers Gram Nyayalayas under the 2008 Act.

Key People and Terms

  • Lok Adalat People’s court
  • ADR Alternative Dispute Resolution
  • NALSA National Legal Services Authority
  • Pre-litigation Before filing in court
  • Compoundable Settleable by parties

Exam Corner

Points to Remember

  • Statutory status: 1987 Act; first camp Gujarat, 1982.
  • Award: decree, final, no appeal.
  • Permanent Lok Adalat: public utility; up to Rs 1 crore (2015).
  • No jurisdiction on non-compoundable offences.

Do Not Confuse With

  • Lok Adalat and Permanent Lok Adalat Compromise only versus can decide on merits
  • National and State Lok Adalats Nationwide day versus state level
  • NALSA and SLSA National versus state

Memory Hook

People’s court, free of fee, award is final; permanent ones for public utilities.

Mains Angle

Questions on this topic usually ask about access to justice. Use these points to add depth.

  • Reducing pendency Alternative to regular courts
  • Equal opportunity Article 39A
  • Statutory backing 1987 Act
  • Limits Non-compoundable offences excluded

A Question You May Face

An original practice question, not a past paper question.

“Examine the role of Lok Adalats in providing access to justice.”

How to Answer

  1. Introduction Article 39A.
  2. Features Jurisdiction and award.
  3. Types National, State, Permanent.
  4. Conclusion ADR benefits.

GS Relevance

Prelims: Indian Polity, Lok Adalat. GS Paper 2: Judiciary and access to justice.

Frequently Asked Questions

What is a Lok Adalat?

A Lok Adalat, meaning People’s Court, is a forum where disputes pending in court or at the pre-litigation stage are settled amicably. It is based on Gandhian principles and is a component of the ADR system, giving expeditious and inexpensive justice.

What is the legal status of a Lok Adalat award?

An award of a Lok Adalat is deemed to be a decree of a civil court or an order of a court. It is final and binding on all parties and no appeal lies to any court against it, under the Legal Services Authorities Act, 1987.

What are the types of Lok Adalats?

There are three types: National Lok Adalats held on a single day across the country, State Lok Adalats (continuous, daily, mobile and mega), and Permanent Lok Adalats for public utility services, established by the 2002 amendment.

Which disputes cannot be taken to a Lok Adalat?

A Lok Adalat has no jurisdiction in respect of any case or matter relating to an offence not compoundable under any law. Pending court cases and pre-litigation disputes of other kinds can be settled in it.

What is NALSA?

The National Legal Services Authority was constituted under the Legal Services Authorities Act, 1987 to monitor and evaluate legal aid programmes and lay down policies and principles for making legal services available, working with State, District and Taluk legal services bodies.

PYQ Practice — Statement Analysis

1 Lok Adalat awards can be appealed to the High Court.
False

Final; no appeal.

2 The first Lok Adalat camp in post-independence India was in Gujarat in 1982.
True

Statutory status in 1987.

3 Permanent Lok Adalats deal with public utility services.
True

Added in 2002.

4 Lok Adalats can settle non-compoundable offences.
False

No jurisdiction.

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