PROFESSIONAL ETHICS, ADVOCACY FOR LAWYERS AND BAR-BENCH

RELATIONS, PUBLIC INTEREST LAWERING, LEGAL AID AND PARALEGAL

SERVICES

LOK ADALAT AND THEIR WORKING

Table of Contents

1. Introduction 4
2. Lok Adalat. 4
3. Nature of Cases to be Referred to Lok Adalat. 5
4. Types of cases at Lok Adalat. 5
5. Which Lok Adalat to be Approached. 6
6. How to Get the Case Referred to the Lok Adalat for Settlement 6
7. Levels and Composition of Lok Adalats 6
8. Level of Organization of Lok Adalat (Sec. 18) 8
9. Jurisdiction 8
10. Procedure of Lok-Adalats (Sec. 20) 9
11. Award of Lok-Adalat (Sec. 21) 9
12. Powers of Lok Adalat (Sec. 22) 10
13. Functions of the Lok Adalat 10
14. Conclusion 11
15. References. 11

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Introduction
The concept of Lok Adalats stands as a unique contribution of the Indian legal system to
world legal jurisprudence. It is an informal system of justice dispensation which has largely
succeeded in providing a supplementary forum to litigants for determination and settlement
of disputes. Originating from Gandhian principles by Mahatma Gandhi, it has become a
major helping hand to courts and is prescribed in Section 89 of the Code of Civil Procedure,
1908 as well.

The advent of Legal Services Authority Act, 1987 further gives a statutory status to these Lok
Adalats, promoting the constitutional mandate of Article 39-A of the Constitution of India,
which directs the state to organize Lok Adalats to secure that the operation of the legal
system promotes justice on a basis of equal opportunity 1. These Lok Adalats provide three-
fold benefits involving speedy resolution of disputes coupled with reduced costs of litigation
and avoiding further appeals, thereby making them the perfect instrument to resolve the
heightened burdened on judiciary for disposing cases. In 2018 alone, about 47 lakh cases
were disposed of in National Lok Adalats, which included about 21 lakh pending cases and
26 lakh pre-litigation cases2. Therefore, their efficacy has been a linchpin in reducing
excessive litigation.

Keeping in mind their contribution to Indian jurisprudence, the author shall discuss the
concept of Lok Adalats in the country, their functioning, advantages, places for improvement
and their role as functionaries towards access to justice for the poor and downtrodden.

Lok Adalat

NALSA along with other Legal Services Institutions conducts 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. Lok
1
Iftikhar Hussain Bhat, Access to Justice: A Critical Analysis of Alternate Dispute Resolution Mechanisms in
India, pp. 46-53, 2 International Journal of Humanities and Social Science Invention Vol. 5, ( 7:45 AM, June 5,
2019), http://www.ijhssi.org/papers/v2(5)/version-5/G254653.pdf.
2
Live Laws News Network, Over 10 Lakh Cases Settled in National Lok Adalat, Live Law, (10:32 AM, 13th
March, 2019), https://www.livelaw.in/news-updates/over-10-lakh-cases-settled-in-national-lok-adalat-143539

2
Adalats have been given statutory status under the Legal Services Authorities Act, 1987.
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.

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. 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 and shall not pressurize or coerce any of the parties to compromise or
settle cases or matters either directly or indirectly. The Lok Adalat shall not decide the matter
so referred at its own instance, instead the same would be decided on the basis of the
compromise or settlement between the parties. The members shall assist the parties in an
independent and impartial manner in their attempt to reach amicable settlement of their
dispute.

Nature of Cases to be Referred to Lok Adalat

1. Any case pending before any court.

2. 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.

Types of cases at Lok Adalat

The types of cases dealt with generally are:

 Mutation of land cases.

 Compoundable criminal offences.
 Family disputes.
 Encroachment on forest lands.
 Land acquisition disputes.
 Motor accident claim, and
 Cases which are not sub-judice.

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Resources and achievement of Lok Adalat: Lok Adalat can only expect gratitude of the
people in distress in return. They must devote time for the cause of social justice and dedicate
their service for its success. Lok Adalats are generally organized in the premises of courts.
Lok Adalat can work as real good substitutes for setting cases which are pending in superior
courts. Encouraged by the response that Lok Adalat have been receiving at the district level,
the state legal aid boards have started organizing Lok Adalats for cases pending in the High
Courts.

The Lok Adalat has also been organized even for the cases pending in the Supreme Court.

Lok Adalats are known as Peoples festivals of justice because settlements are not always
necessarily according to legal principles settlements have an eye mainly on;

 Social goals like ending quarrels

 Restoring family peace
 Providing succor for destitute.

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 -

(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 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.

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

(A) Case pending before the court.

(B) Any dispute at pre-litigative stage.

The State Legal Services Authority or District Legal Services Authority as the case may be
on receipt of an application from any one of the parties at a pre-litigation stage may refer
such matter to the Lok Adalat for amicable settlement of the dispute for which notice would
then be issued to the other party.

Levels and Composition of Lok Adalats

At the State Authority Level -

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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.

National Lok Adalat

National Level Lok Adalats are held for at regular intervals where on a single day Lok
Adalats are held throughout the country, in all the courts right from the Supreme Court till the
Taluk Levels wherein cases are disposed off in huge numbers. From February 2015, National
Lok Adalats are being held on a specific subject matter every month.

Permanent Lok Adalat

The other type of Lok Adalat is the Permanent Lok Adalat, organized under Section 22-B of
The Legal Services Authorities Act, 1987. Permanent Lok Adalats have been set up as
permanent bodies with a Chairman and two members for providing compulsory pre-litigative

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mechanism for conciliation and settlement of cases relating to Public Utility Services like
transport, postal, telegraph etc. Here, even if the parties fail to reach to a settlement, the
Permanent Lok Adalat gets jurisdiction to decide the dispute, provided, the dispute does not
relate to any offence. Further, the Award of the Permanent Lok Adalat is final and binding on
all the parties. The jurisdiction of the Permanent Lok Adalats is upto Rs. Ten Lakhs. Here if
the parties fail to reach to a settlement, the Permanent Lok Adalat has the jurisdiction to
decide the case. The award of the Permanent Lok Adalat is final and binding upon the parties.
The Lok Adalat may conduct the proceedings in such a manner as it considers appropriate,
taking into account the circumstances of the case, wishes of the parties like requests to hear
oral statements, speedy settlement of dispute etc.

Mobile Lok Adalats are also organized in various parts of the country which travel from one
location to another to resolve disputes in order to facilitate the resolution of disputes through
this mechanism.

As on 30.09.2015, more than 15.14 lakhs Lok Adalats have been organized in the country
since its inception. More than 8.25 crore cases have been settled by this mechanism so far.

Level of Organization of Lok Adalat (Sec. 18)

Lok Adalats are better known as the people’s courts, therefore they need to be available to
people on every level of governance 3. The Legal Services Authority Act, 1987 (Hereafter
“the Act”) prescribes for several levels wherein Lok Adalats can be organized, ranging from
the lowest courts to the apex court which can take cognizance and organize Lok Adalats for
effective and speedy justice4. The persons residing over these Adalats include serving or
retired judicial officials as well as other persons as prescribed by the authority conducting the
Lok Adalats in the given area5.

Jurisdiction
The jurisdiction of these Lok Adalats is parallel to the courts organizing them, therefore it
extends to any case or matter which is being heard by that court under its original
jurisdiction6. Matters with respect to offences not compoundable under law are an exception
to this jurisdiction. They cannot be adjudicated in Lok Adalats 7. These courts may also take
cognizance of cases as per provisions of the Act for disputes agreed by the parties to be
resolved under them or if one of the parties makes an application to the courts for referring
the case to Lok Adalats for settlement and the court is prima facie8 satisfied that there are
chances of settlement9.
3
Oyshee Gupta, Suhaas Arora, Lok Adalats, ACADEMIKE, (12:22 PM, June 4, 2019),
https://www.lawctopus.com/academike/lok-adalats/.
4
Section 19(1), The Legal Services Authorities Act, 1987 (Act No. 39 of 1987)
5
Section 19(2), The Legal Services Authorities Act, 1987 (Act No. 39 of 1987)
6
Section 19(5), The Legal Services Authorities Act, 1987 (Act No. 39 of 1987)
7
Section 19(5), The Legal Services Authorities Act, 1987 (Act No. 39 of 1987)
8
“Prima facie” here refers to “a first instance look of the matter in dispute.”
9
Section 20, The Legal Services Authorities Act, 1987 (Act No. 39 of 1987)

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Procedure of Lok-Adalats (Sec. 20)
1. The Lok Adalats are generally organized by state legal aid and advice boards or the
district legal aid committees etc.
2. Lok Adalats shall have jurisdiction to determine and arrive at a compromise or settlement
between the parties to a dispute in respect of;
a) Any case pending before the court; or
b) 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 shall not have jurisdiction in respect of any matter or case relating to an
offence not compoundable under any law.
3. The date and place of holding a Lok Adalat are fixed about a month in advance by the
Legal Aid Board. The date so fixed is generally a Saturday or Sunday or some other
holiday.
4. 1nformation about holding a Lok Adalat is given wide publicity through press, posters,
radio, TV, etc.
5. Before a Lok-Adalat is held, its organizers request the presiding officers of the various
local courts to examine cases pending in their courts where in their opinion, conciliation
is possible. Once the cases are identified, parties to the dispute are motivated by the
judges of the Lok Adalats to settle their cases through Lok Adalat.
6. Generally, senior judicial officers are invited to inaugurate a Lok Adalat.
7. The team of Lok Adalat generally consist of retired judges, senior local officers, members
of the Bar, spirited public-men, active women social worker, elders of the locality and
voluntary social organizations. The members of the Lok Adalat are called conciliators.
The number of conciliators is usually three.
8. If conciliation result in a settlement of a dispute, a compromise deed is drawn up and after
obtaining the signatures of the parties to the disputes and their advocates, it is presented to
the presiding officer of the competent court who is normally present at the place where
the Lok Adalat is organized.
9. The judge (Presiding officer) after examining the fairness and legality of compromise and
satisfying himself that the compromise has been arrived at by the free will and mutual
consent of the parties, passes a decree.

Award of Lok-Adalat (Sec. 21)

1. Every award of the Lok Adalat shall be deemed to be a decree of civil court or as the case
may be, an order of any other court and where a compromise or a settlement has been
arrived at, by a Lok Adalat in a case referred to it under sec. 20(1), the court fee paid in
such case shall be refunded in a manner provided under the court fee Act, 1870.
2. Even award made by a Lok Adalat shall be final and binding on all the parties to the
dispute and no appeal shall lie to any court against the award.

Powers of Lok Adalat (Sec. 22)

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1. The Lok-Adalat shall have the same powers as are vested in a civil court under the code
of civil procedure 1908 while trying a suit in respect of the following matters namely;
a) The summoning and enforcing the attendance of any witness and examining him
on oath.
b) The discovery and production of any document.
c) The reception of evidence on affidavits.
d) The requisitioning of any public record or document or copy of such record or
document from any court of office and
e) Such other matters as may be prescribed.
2. Without prejudice to the generality of the powers contained in sub sec. (1), every Lok
Adalat shall have the requisite powers to specify its own procedure for the determination
of any dispute coming before it.
3. All proceedings before the Lok Adalat shall be deemed to be judicial proceedings within
the meaning of sec. 193, 219 and 228 of the I.P.C and every Lok-Adalat shall deemed to
be civil for the purpose of sec. 195 of C. P C.

Functions of the Lok Adalat

Lok Adalat can accept only such cases as come within their competence and capability for
disposal. The movement towards organizing of Lok-Adalats came into being in respect of a
few selected matters. All their initial functioning they entertained motor vehicle accident
causes and appeals connected with them. It is hopefully expected that the Lok Adalats would
accept other causes also among them being tenure matters, money causes, so that such
disputes are settled on personal bonds or under takings.

This will be indication of the fact that in the matters of resolution of disputes, India is back to
its traditional methods. But even so experience has shown that it is not easy to bring the
parties to dispute to the negotiation table and to ask them to settle under some kind of
compromise involving give and take.

A large number of legal causes are such that one of the parties is interested in prolonging
litigation and only the other wants a speedy trial. It would seem that by this approach the state
would be saved of needless costs of litigation and also meaningless administrative
compilations. Government has to bear many direct and indirect cost of litigation. In the
category of direct of costs, the costs are court and lawyers fees, expenses of prosecution and
of attending to incidental matters.

Indirect costs are loss of time involved in disputes and increasing costs of expending
fiduciary. There are some categories of government litigation in which Lok Adalats can play
a constructive role. One of such categories is matter arising out of land acquisition. Among
the people whose land is acquired are generally poor villagers those belonging to middle
classes. When their land is taken away, from their hands, they naturally except that
compensation should be provided to them at the earliest movement of time.

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Another category of government litigation which can be handled through Lok Adalats is
disciplinary proceeding. Many proceedings in this category are such in which the cause of
dispute is very simple, the background is also very clear and there is not controversy about it
but the parties are not able to come out openly but the time factor goes on accumulating
complication. For example with holding of pension and other retirement benefits. Labour
disputes are another category in which Lok Adalats can play healthy role. The machinery of
conciliation and amicable settlements available under the Industrial dispute Legislations
which has been generally successful in resolving needless conflicts Lok Adalats would be a
better form even in some service disciplinary matters.

Conclusion
Lok Adalat is very effective in 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. A Lok Adalat can
take up civil cases (including marriage, and family disputes) and compoundable criminal
cases. First time lok adalat was held in Gujrat in 1999. It is a forum where cases pending on
panchayat or at pre litigation stage in a court of law are settled. They have been given
statutory status under the Legal Services Authorities Act, 1987.

Under this Act, the award (decision) made by the Lok Adalats is deemed to be a case 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), they are free to initiate
litigation by approaching the court of appropriate jurisdiction.

References
 https://nalsa.gov.in/lok-adalat.
 https://en.wikipedia.org/wiki/Lok_Adalat.
 https://blog.ipleaders.in/lok-adalats-india-speedy-justice/.
 S. K. Sarkar, Law Relating to Lok Adalats and Legal Aid: Being Commentary on the
Legal Services Authorities Act, 1987 with Central & State Rules,(Oriented
Publishing, Ist Edn., 2004).