LOK ADALAT

 

• Lok Adalat can be literally translated as the People’s Court ."Lok" stands for "people" and the term "Adalat" means the court
• In Lok Adalats, the issues are solved through the means of arbitration, mediation, or negotiation, therefore this system is considered a "wing of Alternative Dispute Resolution".
• Earlier in India, the Lok Adalat played a key role in solving disputes among people mainly situated in rural areas, hence the same process is being continued even in the present day.
• Article 39A of the Indian Constitution, the Legal Services Authorities Act, 1987 provided the Lok Adalats with statutory status.  It reduces the burden on urban courts and decentralizes access to justice. 
• As per Section 21 of the Legal Services Authorities Act, 1987, the award or decision given by the Lok Adalats is considered as a decree pronounced by a civil court and thus is final and binding on the parties associated with the case.
• Accordingly, no party can appeal against the decision given by the Lok Adalats in any court. If the parties find the decision or award of the Lok Adalat to be against their interests they cannot appeal against it but they may file a fresh case in the court of the concerned jurisdiction.

                            CASES CONSIDERED BY LOK ADALAT 

The Lok Adalat only undertakes those cases which fall under the following list of matters –
1.  Acquisition of Land, mutation, and related disputes.	2.  Matters relating to partition claims.
3.  Cases relating to arrears of retirement benefits	4.  Road or motor accident cases
5.  Disputes relating to bonded labor.	6.  Compoundable cases relating to civil, criminal, and revenue matters
7.  Matters of unpaid bank loans.	8.  Family disputes including matrimonial matters
9.  Damages cases.	10. Such matters that do not fall       under the jurisdiction of any   other Court

  ORGANISATION OF LOK ADALAT

 Every Lok Adalat so organized shall consist of :

1. Serving or retired judicial officers,
2. Other persons, as may be specified.

The Central Government should prescribe the experience and qualifications of "other persons" in a Lok Adalat conducted by the Supreme Court Legal Services Committee after consulting with the Chief Justice of India. The National Legal Services Authorities Rules, 1995 now provide the following experience and qualifications:

1. A member of the legal profession; or 
2. A person of repute who is especially interested in the implementation of Legal Services Schemes and Programmes; or 
3.  An eminent social worker who is engaged in the upliftment of weaker sections of people.

POWERS OF LOK ADALAT

• Power to summon and enforce the attendance of any witness and to examine him/her on oath. 

• Power to enforce the discovery and production of any document.

• Power for requisitioning of any public record or document or copy thereof or from any court.

• Every Lok Adalat shall have the power to specify its own procedure for the determination of any dispute coming before it.

ADVANTAGES

• No court fee is required, and if one has been paid and the matter is resolved at Lok Adalat, the money will be returned.
• Parties are allowed to express their differences of opinion without fear of being exposed in court. 
• The parties to the dispute can speak with the judge directly through their legal assistance. 
• Procedural flexibility and speedy trial of disputes are the two pillars of Lok Adalat. 

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