 ANSWERS OF QUESTIONS DATED 07/04/2020

 ENROLLMENT NO.: GU17R0389

 SUBJECT: ADR

Q.NO.1: What is the jurisdiction and constitution of Lok Adalat?

CONSTITUTION OF LOK ADALAT

Every Lok Adalat shall consist of such number of serving or retired judicial officials and other
persons specified by the state or district authority or Supreme Court Legal Services Committee
or as case may be the Taluk Legal Services Committee, organizing such Lok Adalat. Central
Government, in consultation with the Chief Justice of India, has to prescribe qualifications for
those persons to be judges of Lok Adalat.

JURISDICTION OF LOK ADALAT [Secttion 19(5)]

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.

Provided that the Lok Adalat shall have no jurisdiction in respect of any case or matter relating
to an offence not compoundable under any law.

The jurisdiction of Lok Adalat is circumscribed to making an effort at the bringing about a
settlement between the parties to the dispute with the object of disposing of the case finally,
thereby obviating the necessity of appeal or revision which becomes essential if the case were to
be decided on merits.

In Union Bank of India v. M/s Narendra Plastics, Court held that S19(5) of the Act specifically
confers power to deal and settle cases even at the pre-litigation stage. So it is not necessary that
to confer power on a Lok Adalat, the dispute must be first filed before Court. S20(4) specifically
provides that while arriving at a compromise or settlement between the parties, the Lok Adalat
shall be guided by the principles of justice, equity, fair play and other legal principles.

Q.NO.2: What are the limitations of Lok Adalat?

i. Transgression of limit

The Act explains that the jurisdiction is limited to making an effort to bring a settlement between
the parties to the dispute with the object of disposing of the case finally, so that the parties do not
prefer a litigation. Section 19(5) limits the jurisdiction ‘thus far’ and ‘no further’ and any
transgression of this limit by the Lok Adalat would render the proceeding a nullity.

ii. Consent as basis of Jurisdiction

There is an overall limit ‘to determine and arrive at a compromise or settlement’. Compromise or
settlement would be possible only when the parties are agreeable. The unwillingness of the
parties will operate as a major hurdle to jurisdiction. It is basically a consensual process, and
jurisdiction. It is basically a consensual process, and jurisdiction of Lok Adalat emerges on the
foundation of willingness of the parties.

iii. No Criminal Offence

Lok Adalat has no jurisdiction in respect of cases pertaining to non-compoundable offences.

Offences like rape and murder are non compoundable.

Q.NO.3: What are the powers of Lok Adalat?

The powers of Lok Adalat should have the same powers of Civil Court under Code of Civil
Procedure, 1908, while trying suits in the following matters, namely-

o The summoning and enforcing the attendance of any witness and examining him on
oath. 
o The discovery and productions of any documents. 
o The reception of evidence on affidavits 
 o The requisitioning of any document or any public records from the court or office. 
o Courts may send for papers from its own records or from other Courts,
o Lok adalat can specify its own procedure for the determination of any dispute before it
under S 22(2).

Here, The Lok Adalat should have the power to specify his own procedure for the determination
of any disputes coming before it. Also, all proceedings before the Lok Adalat were considered as
judicial proceedings. And also these courts were considered as a civil court for the purpose of
settlement of pending cases and pre-litigation cases.

Q.NO.4: What is Permanent Lok Adalat?

Permanent Lok Adalat is established under sub section (1) of Section 22 B of Legal Services
Authorities Act of 1987. It is established with the intention to settle the dispute of public utility
services. The public utility service means :-

1. transport Service for the carriage of passengers or goods by air, road or water ; or
2. postal, telegraph or telephone service : or
3. supply of power, light or water to the public by any establishment ; or
4. system of public conservancy or sanitation ; or
5. service in hospital or dispensary ; or
6. insurance service

and includes any service which the Central Government or the State Government, as the case
may be, may in the public interest by intification declare to be a public utility service. .

Every Permanent Lok Adalat establish for an area notified under sub-section (1) consists of (a) a
person who is, or has been, a district Judge, shall be Chairman of the Permanent Lok Adalat; and
(b) two Members having adequate experience in public utility service to be nominated by the
Central Government or as the case may be by Central Government.

Any party to a dispute may, before a dispute is brought before any Court, make an application to
a Permanent Lok Adalat for the settlement of dispute. But the Permanent Lok Adalat have no
jurisdiction to entertain the affection relating to an offence not compoundable under law and
further the Permanent Lok Adalat as no jurisdiction to entertain the petition where the value of
the property in disputes exceeds Rs.1 crore.

Every award of the Permanent Lok Adalat under this Act made either on merit or in terms of a
settlement shall be final and binding on all the parties claiming under the petition before the
Permanent Lok Adalat.

Q.NO.5: What was the objective of the Amendment of 2002 in the Legal Service Authority
Act (LSAA)?

The LSAA was amended in 2002 and a new Chapter VI-A comprising of Sections 22A to 22E
was inserted. The Chapter provides for establishment of Permanent Lok Adalat in the name of
proving for ‘pre-litigation conciliation and settlement’ of cases relating to public utility services.