The concept of Lok Adalat (People’s Court) is an innovative Indian contribution to the world

jurisprudence. The introduction of Lok Adalats added a new chapter to the justice dispensation
system of this country and succeeded in providing a supplementary forum to the victims for a
satisfactory settlement of their disputes. This system is based on Gandhian principles.

It is one of the components of ADR (Alternative Dispute Resolution) systems. In ancient times,
the disputes were referred to “Panchayats”, which were established at the village level.
Panchayats resolved the disputes through arbitration. It has proved to be a very effective
alternative to litigation.

This concept of the settlement of disputes through mediation, negotiation or arbitration is

conceptualized and institutionalized in the philosophy of Lok Adalat. It involves people who are
directly or indirectly affected by dispute resolution.

LEVELS AND COMPOSITION OF LOK ADALATS

 At the State Authority Level
The Member Secretary of the State Legal Services Authority organizing the Lok Adalat would
constitute benches of the Lok Adalat, each bench comprising of a sitting or retired judge of the
High Court or a sitting or retired judicial officer and any one or both of- a member from the legal
profession; a social worker engaged in the upliftment of the weaker sections and interested in the
implementation of legal services schemes or programmes.

 At High Court Level

The Secretary of the High Court Legal Services Committee would constitute benches of the Lok
Adalat, each bench comprising of a sitting or retired judge of the High Court and any one or both
of- a member from the legal profession; a social worker engaged in the upliftment of the weaker
sections and interested in the implementation of legal services schemes or programmes.

 At District Level
The Secretary of the District Legal Services Authority organizing the Lok Adalat would
constitute benches of the Lok Adalat, each bench comprising of a sitting or retired judicial
officer and any one or both of either a member from the legal profession; and/or a social worker
 engaged in the upliftment of the weaker sections and interested in the implementation of legal
services schemes or programmes or a person engaged in para-legal activities of the area,
preferably a woman.

 At Taluk Level
The Secretary of the Taluk Legal Services Committee organizing the Lok Adalat would
constitute benches of the Lok Adalat, each bench comprising of a sitting or retired judicial
officer and any one or both of either a member from the legal profession; and/or a social worker
engaged in the upliftment of the weaker sections and interested in the implementation of legal
services schemes or programmes or a person engaged in para-legal activities of the area,
preferably a woman.

PERMANENT LOK ADALATS

In 2002, the Parliament brought about certain amendments to the Legal Services
Authorities Act, 1987 to institutionalize the Lok Adalats by making them a permanent
body to settle the disputes related to public utility services. The Central or State Authorities
may, by notification, establish Permanent Lok Adalats at any Permanent Lok Adalats, for
determining issues in connection to Public Utility Services.

Public Services include:

1. Transport service

2. Postal, telegraph or telephone services

3. Supply of power, light and water to public

4. System of public conservancy or sanitation

5. Insurance services and such other services as notified by the Central or State
Governments

Permanent Lok Adalats have the same powers that are vested in the Lok Adalats.
PROCEDURE FOLLOWED IN A LOK ADALAT

The Lok Adalat is usually presided over by a sitting or retired judicial official as the chairman
with two other members, a lawyer and a social worker. It has been observed through experience
that cases involving monetary disputes are easily settled through Lok Adalats. Therefore, most
motor road accident disputes are brought to Lok Adalats. The primary condition of the Lok
Adalat is that both parties in dispute should consent to the settlement. It is necessary that the
parties involved in the dispute are whole-heartedly involved in the justice dispensing system and
do abide by the decision given by the Lok Adalat.

There is no court fee. If the case is already filed in the regular court, the fee paid will be refunded
if the dispute is settled at the Lok Adalat. The procedural laws and the Evidence Act are not
strictly followed while assessing the merits of the claim presented to the Lok Adalat. The
decision of the court is binding on the parties to the dispute and its order is capable of execution
through legal process. No appeal lies against the decision of the court. [xxiv]
Lok Adalat is very effective in the settlement of money claims. Disputes like partition suits,
damages and matrimonial cases can also be easily settled before Lok Adalat as the scope for
compromise through an approach of give and take is high in these cases. [xxv] Lok Adalat is
indeed a boon to the litigant public, where they can get their disputes settled fast and free of cost.

JURISDICTION OF LOK ADALATS

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:

1. any case pending before; or

2. any matter which is falling within the jurisdiction of, and is not brought before,
any court for which the Lok Adalat is organized.

The Lok Adalat can compromise and settle even criminal cases, which are compoundable under
the relevant laws.
 Lok Adalats have the competence to deal with a number of cases like:

1. Compoundable civil, revenue and criminal cases

2. Motor accident compensation claims cases

3. Partition Claims

4. Damages Cases

5. Matrimonial and family disputes

6. Mutation of lands case

7. Land Pattas cases

8. Bonded Labor cases

9. Land acquisition disputes

10. Bank’s unpaid loan cases

11. Arrears of retirement benefits cases

12. Family Court cases

13. Cases, which are not subjudice

ROLE AND POWERS OF LOK ADALATS

1. The Lok Adalat shall have the powers of a civil court under the Code of Civil Procedure

2. 1908, while trying a suit, in respect of the following matters:

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

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

5. Power to receive evidence on affidavits,

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

7. Such other matters as may be prescribed

8.

 Every Lok Adalat shall have the power 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 Sections 193, 219 and 228 of IPC.
 Every Lok Adalat shall be deemed to be a Civil Court for the purpose of Sec 195 and
Chapter XXVI of Cr.P.C.

BENEFITS OF LOK ADALAT

The benefits that litigants derive through the Lok Adalats are many.

1. a) First, there is no court fee and even if the case is already filed in the regular court, the
fee paid will be refunded if the dispute is settled at the Lok Adalat.
2. b) Secondly, there is no strict application of the procedural laws and the Evidence Act
while assessing the merits of the claim by the Lok Adalat. The parties to the disputes though
represented by their advocate can interact with the Lok Adalat judge directly and explain their
stand in the dispute and the reasons therefore, which is not possible in a regular court of law.
3. c) Thirdly, disputes can be brought before the Lok Adalat directly instead of going to a
regular court first and then to the Lok Adalat.
4. d) Fourthly, the decision of the Lok Adalat is binding on the parties to the dispute and its
order is capable of execution through legal process. No appeal lies against the order of the
 Lok Adalat whereas in the regular law courts there is always a scope to appeal to the higher
forum on the decision of the trial court, which causes delay in the settlement of the dispute
finally. The reason being that in a regular court, decision is that of the court but in Lok Adalat
it is mutual settlement and hence no case for appeal will arise. In every respect the scheme of
Lok Adalat is a boon to the litigant public, where they can get their disputes settled fast and
free of cost.
5. e) Last but not the least, faster and inexpensive remedy with legal status.

FINALITY OF THE LOK ADALAT AWARD

During the Lok Adalat, the parties agree to abide by the decision of the judge at the Lok Adalat.
However, it has been seen that the same order is challenged on several grounds. In one of the
recent cases, the Supreme Court of India has once again laid to rest all such doubts. In
unequivocal terms, the Court held that the award of the Lok Adalat is as good as the decree of
the Court. The award passed by the Lok Adalat is the decision of the Court itself though arrived
at by the simpler method of conciliation instead of the process of arguments in court.[xxxi]