SC Launches Special Lok Adalat Drive

General Studies Paper -2 

Context: The Supreme Court commenced special Lok Adalat drive to amicably settle long-pending disputes as a part of its 75th anniversary celebrations.

• Cases including matrimonial disputes, property disputes, motor accident claims, land acquisition, compensation, service and labour, pending before the apex court will be listed before the Lok Adalats for speedy disposal.

What are Lok Adalats?

• 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.
• Article 39 A: With 42nd Amendment Act of Constitution of 1976, Article 39-A, has been inserted which requires the State to secure that the operation of the legal system:
  • Promotes justice, on a basis of equal opportunity,
  • Provide free legal aid, by suitable legislation or schemes or in any other way,
  • Ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
• Legal status: Lok Adalats have been given statutory status under the Legal Services Authorities Act, 1987.
• Decision of the Lok Adalat: Under the said Act, the award (decision) made by the Lok Adalats is deemed to be a decree of a civil court and is final and binding on all parties and no appeal against such an award lies before any court of law.
  • 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.
• Court fee: 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.
• Role of members of Lok Adalats:
  • The persons deciding the cases in the Lok Adalats are called the Members of the Lok Adalats, they have the role of statutory conciliators only and do not have any judicial role.
  • Therefore, they can only persuade the parties to come to a conclusion for settling the dispute outside the court in the Lok Adalat.
  • They shall not pressurise or coerce any of the parties to compromise or settle cases or matters either directly or indirectly.

Difference between Lok Adalat and a regular Court

• The difference between Lok Adalat and law court is that the law court sits at its premises where the litigants come with their lawyers and witnesses go to the people to deliver justice at their doorstep.
• It is a forum provided by the people themselves or by interested parties including social activities or social activist legal aiders, and public-spirited people belonging to every walk of life.
• It is just a firm forum provided by the people themselves for enabling the common people to ventilate their grievances against the state agencies or against other citizens and to seek a just settlement if possible.

What are Alternate Dispute Resolution Mechanisms?

• Uses a neutral third party to communicate, discuss the differences and resolve the dispute.
• Important Provisions Related To ADR:
  • Section 89 of the Civil Procedure Code, 1908
  • Acts dealing with ADR:
  • Legal Services Authority Act, 1987 (established Lok Adalat System)
  • Arbitration and Conciliation Act, 1996
• Types: Arbitration, Conciliation, Mediation, Negotiation, Judicial Settlements