The "People's Court," or Lok Adalat, is an innovative alternative conflict resolution system in India designed to give the litigants quick and affordable justice.
It uses the concepts of compromise, conciliation, and mediation to resolve conflicts outside of the official legal system.
Embodies Gandhiji’s ideals of delivering justice through peaceful and conciliatory means.
Aims to make justice accessible to all, especially to those who cannot afford lengthy legal processes.
The Supreme Court acknowledges Lok Adalat as an ancient form of dispute resolution that remains valid today.
Alternative Dispute Resolution (ADR): Part of the ADR system, focusing on informal, inexpensive, and quick resolution of disputes.
Provides a platform for resolving conflicts without resorting to formal court procedures.
First Lok Adalat: The first camp was held in Gujarat in 1982, initially functioning as a voluntary, conciliatory body without legal authority.
Legal Framework:
NALSA along with other Legal Services Institutions conducts Lok Adalats.
Lok Adalats have been given statutory status under the Legal Services Authorities Act, 1987.
Powers:
Have the same powers as are vested in a Civil Court under the Code of Civil Procedure (1908).
Shall have the requisite powers to specify its own procedure for the determination of any dispute coming before it.
All proceedings before a Lok Adalat shall be deemed to be judicial proceedings within the meaning of the Indian Penal Code (1860) and every Lok Adalat shall be deemed to be a Civil Court for the purpose of the Code of Criminal Procedure (1973).
An award of a Lok Adalat shall be deemed to be a decree of a Civil Court or an order of any other court.
Every award made by a Lok Adalat shall be final and binding on all the parties to the dispute.
No appeal shall lie to any court against the award of the Lok Adalat.
If the parties are not satisfied with the award of the Lok Adalat though there is no provision for an appeal against such an award, but they are free to initiate litigation by approaching the court of appropriate jurisdiction by filing a case by following the required procedure, in exercise of their right to litigate.
There is no court fee payable when a matter is filed in a Lok Adalat.
If a matter pending in the court of law is referred to the Lok Adalat and is settled subsequently, the court fee originally paid in the court on the complaints/petition is also refunded back to the parties.
Nature of Cases to be Referred to LokAdalat
Any case pending before any court.
Any dispute which has not been brought before any court and is likely to be filed before the court.
Provided that any matter relating to an offence not compoundable under the law shall not be settled in Lok Adalat.
Which Lok Adalat to be Approached
As per section 18(1) of the Act, 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 -
Any case pending before; or
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 matters relating to divorce or matters relating to an offence not compoundable under any law.
Types of Lok Adalats
National Lok Adalats
Held regularly across the country.
Conducted on the same day in all courts from the Supreme Court to Taluk levels.
Since 2015, held monthly with specific subject matters.
State Lok Adalats
Known as Regular Lok Adalats. These can be further classified into:
Continuous Lok Adalat: A Lok Adalat bench sits continuously for a set number of days to facilitate settlements by deferring unsettled matters to the next date and encouraging parties to reflect on the terms of the mutually accepted settlement before actual settlement.
Daily Lok Adalat: This type of Lok Adalat is organized on a daily basis.
Mobile Lok Adalat:
Uses a multi-utility van to reach different areas.
Resolves petty cases and spreads legal awareness.
Mega Lok Adalat: Held statewide on a single day in all courts.
Permanent Lok Adalat
Created by the 2002 amendment to the Legal Services Authority Act, 1987.
Composition:
Chairman: who is or has been a district judge or additional district judge or has held judicial office higher in rank than that of the district judge.
Members: Two persons with experience in public utility services.
Jurisdiction:
Utility Services: Covers areas like transport, telephone, etc.
Pecuniary Limit: Up to ₹10 lakhs, increased to ₹1 crore in 2015.
Exclusions: Does not cover non-compoundable offences.
Once an application is made, parties cannot seek court intervention for the same dispute.
Adjudication: If no settlement is reached, the Permanent Lok Adalat decides on the merits of the case.
Lok Adalat is one of the alternative dispute redressal mechanisms, it is a forum where disputes/cases pending in the court of law or at pre-litigation stage are settled/ compromised amicably.
