Role of Lok Adalat in Delivering Speedy Justice

Role of Lok Adalat in Delivering Speedy Justice

Introduction to Lok Adalat

India’s judicial system is often criticized for its pendency and delays, but Lok Adalat offers a beacon of hope by providing quick, cost-effective justice through alternative dispute resolution.

Lok Adalat, meaning ‘people’s court,’ is a unique system in India designed to resolve disputes quickly and fairly, bypassing lengthy court proceedings. It works based on mediation, conciliation, and compromise. Lok Adalat presents people with the opportunity to amicably resolve their differences at a minimal cost. 

This system is a vital part of alternative dispute resolution (ADR), offering mutual agreement as a middle ground to resolve conflicts. Lok Adalat addresses both pre-litigation and post-litigation cases, enabling individuals to find solutions without undergoing long and expensive trials.

By resolving disputes through negotiation and consent, Lok Adalat ensures justice flows smoothly to all, especially the underprivileged. Mediators assist parties in reaching agreements without stress or pressure. Over time, Lok Adalats have significantly reduced the burden on courts and delivered swift justice.

Legal Foundation of Lok Adalat

1. Article 39-A of the Indian Constitution

Lok Adalat is the first step for speedy and easy delivery of justice in India. Article 39-A of the Constitution of India was introduced by the 42nd Amendment in 1976 because it requires the state to ensure that the law does not prevent anyone from achieving a fair balance of justice. This article mandates the state to ensure that justice is not denied to anyone due to financial constraints or disabilities. It emphasizes providing free legal aid to all citizens in need.

2. Legal Services Authorities Act, 1987

To fulfil the constitutional promise of equal justice, the Legal Services Authorities Act, of 1987, was enacted. This Act established the National Legal Services Authority (NALSA) and state and district authorities to provide free legal aid and organize Lok Adalats for amicable dispute resolution.

Under this Act, Lok Adalats are empowered to resolve disputes, whether pending in court or not yet filed. Decisions made by Lok Adalats hold the same legal status as civil court decrees are final, and cannot be appealed. This ensures the speedy and cost-effective resolution of disputes, making justice accessible to all.

Lok Adalats: Ensuring Speedy Justice and Accessibility

Lok Adalats were established in 1982 as an effective alternative to traditional courts. They are particularly beneficial for resolving disputes where the financial stakes are modest. For instance, in 2018, cases in Lok Adalats were largely limited to those involving claims not exceeding ₹3.3 crore.

The process ensures individuals are spared from prolonged trials and excessive legal expenses. By 2017, Lok Adalats had resolved over 5 million cases, demonstrating their crucial role in delivering timely justice. With a resolution rate of approximately 4,000 cases daily, they have become indispensable for balancing judicial workloads and fostering peace in society.

Accessibility and Procedure of Lok Adalats

Lok Adalats are accessible to all, including recipients of free legal aid, individuals, and institutions. They handle pending court cases as well as disputes at the pre-litigation stage, provided the issues are not related to serious crimes.

The procedure in Lok Adalats is simple, avoids excessive legal jargon, and focuses on conciliation. Each Lok Adalat bench comprises:

  • A current or former judge as the chairman,
  • A lawyer, and
  • A social worker as a member.

Individuals can approach Lok Adalats directly or through courts for disputes that are listed for trial. Common cases include monetary claims, insurance disputes, and motor accident claims. Once an agreement is reached, the Lok Adalat issues an award, which is final and holds the same legal force as a civil court decree.

Nature of Cases Referred to Lok Adalat: 

Under Section 18(1) of the Legal Services Authorities Act, 1987, Lok Adalat has the authority to determine disputes and facilitate compromise or settlement between the parties in the following cases:

  1. Any case that is already pending before a court.
  2. Any dispute that comes under the purview of a court but which has not yet been filed, is subject to the Lok Adalat being constituted for such matters.

However, Lok Adalat’s do not have jurisdiction over

  • Divorce cases, or
  • Non-compoundable criminal offences under the law.

How to get the Case Referred to the Lok Adalat for Settlement

1. Pending case in the court:
  • Any case filed before a court of law can be sent to the Lok Adalat for resolution
2. Any dispute at the pre-litigation stage:
  • The State Legal Services Authority (SLSA) or District Legal Services Authority (DLSA), if it receives an application from either of the parties may refer the dispute to the Lok Adalat for amicable settlement.
  • Upon referral, notice will be issued to the other party to participate in the proceedings.

Key Case Laws Highlighting Lok Adalat’s Role

1. State of Punjab v. Jalour Singh [1]

The Supreme Court clarified that Lok Adalat has the authority to handle both civil and criminal cases, as long as the offences are compoundable. The court highlighted the role of Lok Adalat in easing the workload of courts and encouraging amicable resolution between parties.

2. Salem Advocate Bar Association v. Union of India[2]

The Supreme Court of India highlighted the importance of Lok Adalat’s as an effective alternative dispute resolution forum. The court ruled that awards passed by Lok Adalat’s carry the same legal enforceability as a civil court decree. Moreover, such awards are final and cannot be challenged or appealed by the parties.

3. Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. Pvt. Ltd.[3]

The Supreme Court clarified that Lok Adalat retains jurisdiction to resolve disputes even in cases where the jurisdiction of civil courts is excluded. The judgment emphasized the primary objective of Lok Adalat to facilitate the swift resolution of disputes through mutual agreements and amicable settlements.

Conclusion

Lok Adalats have become a cornerstone of India’s legal system, offering speedy and cost-effective justice. They resolve a wide array of disputes, including traffic challans, bank recovery matters, and compoundable criminal offences. By promoting amicable settlements, Lok Adalats alleviate the burden on courts and enhance judicial efficiency.

The Third National Lok Adalat held on September 14, 2024, exemplified their impact. Under the leadership of Justice Sanjiv Khanna, 1.14 crore cases were resolved across 27 states, with settlements totalling ₹8,482.08 crore. This achievement underscores their vital role in addressing judicial pendency and improving access to justice.

By emphasizing mutual consent, reduced formalities, and faster resolutions, Lok Adalats foster a culture of compromise and harmony, ensuring justice reaches even the most vulnerable segments of society.

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 [i] (2008) 2 SCC 660
 [ii] AIR 2005 SC 3353
 [iii] (2010) 8 SCC 24

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This article was written and submitted by Lakshay Sharma during his course of internship at B&B Associates LLP. Lakshay is a 3rd Year BBA. LL.B (Hons.) student at the NMIMS, Chandigarh.