UNIVERSITY INSTITUTE OF LEGAL STUDIES,

PANJAB UNIVERSITY, CHANDIGARH

TOPIC – LOK ADALAT

A PROJECT REPORT SUBMITTED AS A PART OF INTERNAL ASSESSMENT OF THE

COURSE B.A.LL.B (HONS.) IN THE SUBJECT OF ALTERNATIVE DISPUTE
RESOLUTION FOR THE SESSION 2023-24

SUBMITTED TO:
SUBMITTED BY:

DR. SUPREET GILL

YUVRAJ GARG

ALTERNATIVE DISPUTE RESOLUTION ROLL NO. 168/21,

SEM 5

UILS, PU
SEC C, B.A.LL.B
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 ACKNOWLEDGMENT

I express my deep sense of gratitude to all those who have been instrumental in preparation of
this project. Primarily I would like to thank god for being able to complete this project with
success. Then I would like to pay my sincere gratitude to my teacher Dr. Supreet Gill,
University Institute of Legal Studies, Panjab University, Chandigarh, whose guidance has
been the one that helped me complete this project and make it successful. Her suggestions
and instructions have served as the major contributor towards the completion of the project.
Then I would like to thank the entire faculty of University Institute of Legal Studies, Panjab
University, Chandigarh, for always motivating me to give the best. Lastly I would like to
thank all my classmates and my family who helped me a lot.

Yuvraj Garg

168/21

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 TABLE OF CONTENTS
Introduction 4
Levels and composition of Lok Adalats 5
Types of Lok Adalats 5
Types of Cases reffered to Lok Adalats 6-7
Procedure of Lok Adalat 7
Award of Lok Adalat 8
Powers of Lok Adalat 8-9
Advantages of Lok Adalats 9-10
Criticisms and Challenges 10
Conclusion 11
Bibliography 12

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 INTRODUCTION

Lok Adalat, often referred to as the People's Court, plays a significant role in India's
alternative dispute resolution system. It was established under the Legal Services Authorities
Act of 1987, with its roots drawing inspiration from the traditional Panchayati Raj system.
The central focus of Lok Adalat is to encourage amicable settlements through reconciliation
and compromise.

What makes Lok Adalat noteworthy is its legal standing, as it is recognized and mandated by
Article 39-A of the Indian Constitution. These forums aim to address disputes in a more
expeditious manner compared to the regular court system, relying on structured dialogue and
negotiation. The first Lok Adalat was held at Junagarh in Gujarat in 1982, marking a
significant milestone in its implementation.

Gandhian principles strongly influence the philosophy of Lok Adalat, and it offers a cost-
effective means of dispute resolution. Decisions rendered by Lok Adalats are regarded as
final and binding, similar to civil court decrees.

The LSA Act provides for the constitution of the following authorities:

(i) The National Legal Services Authority

(ii) The State Legal Services Authority

(iii) The District Legal Services Authority

(iv) The Taluk Legal Services Committee

(v) The Supreme Court Legal Services Committee

(vi) The High Court Legal Services Committee

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The functions of the above authorities include, inter-alia, organizing Lok Adalat at such
intervals and places and for exercising such jurisdiction and for such areas as the authority
thinks fit.

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 asocial 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 wouldconstitute 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 asocial worker engaged in the upliftment of the weaker sections and interested in
theimplementation of legal services schemes or programmes or a person engaged in para-
legal activities of the area, preferably a woman.

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 TYPES OF LOK ADALATS

National Lok Adalat: National Level Lok Adalats are held at regular intervals. On a single
day, Lok Adalats are convened across the country, from the Supreme Court to the Taluk
Levels, resulting in the disposal of a substantial number of cases. Since February 2015,
National Lok Adalats have been conducted each month, with each session focusing on a
specific subject matter.

Permanent Lok Adalat: Another category of Lok Adalat is the Permanent Lok Adalat,
organized under Section 22-B of The Legal Services Authorities Act, 1987. These permanent
bodies consist of a Chairman and two members and serve as a mandatory pre-litigative
mechanism for conciliation and settlement of cases related to Public Utility Services, such as
transport, postal, and telegraph services. Even if the parties fail to reach a settlement, the
Permanent Lok Adalat has the authority to decide the dispute, provided it does not involve
any criminal offenses. The awards issued by the Permanent Lok Adalat are final and binding
on all parties, with jurisdiction extending up to Rs. Ten Lakhs. In cases where parties cannot
reach a settlement, the Permanent Lok Adalat has the authority to make the final decision.
The Lok Adalat conducts proceedings in a manner it deems appropriate, considering the
circumstances of the case, and accommodating the wishes of the parties, including requests
for oral statements and speedy dispute resolution.

Mobile Lok Adalats: Mobile Lok Adalats are also organized in various parts of the country.
These units travel from one location to another, facilitating the resolution of disputes and
promoting accessibility to justice.

Remarkably, as of September 30, 2015, more than 15.14 lakhs Lok Adalats have been
organized in the country since their inception. Through this mechanism, more than 8.25 crore
cases have been successfully settled, underscoring the significant impact of Lok Adalats in
providing efficient dispute resolution throughout the nation.

TYPES OF CASES REFFERED TO LOK ADALATS

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As per Section 22 of the Legal Services Authorities Act, 1987, a Lok Adalat has the authority
to determine and arrive at a compromise or settlement between the parties to a dispute in
respect of:

(1) A Lok Adalat 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, or

(b) 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 any case or matter
relating to an offence not compoundable under any law.

This means that Lok Adalats can handle:

1. Cases that are already pending before a court.

2. Matters that fall within their jurisdiction but have not been filed before any court.

Lok Adalats do not have jurisdiction over cases related to offenses not compoundable under
any law. The types of cases dealt with generally are:

1. Mutation of land cases.

2. Compoundable criminal offences.

3. Family disputes.

4. Encroachment on forest lands.

5. Land acquisition disputes.

6. Motor accident claim, and

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 7. Cases which are not sub-judice.

PROCEDURE OF LOK ADALAT

The procedure to have a case referred to Lok Adalat involves several steps. Firstly, one needs
to assess if their case is suitable for resolution through Lok Adalat, which typically handles
civil disputes like property, family, labor, and motor accident cases. All involved parties must
unanimously consent to referring the case to Lok Adalat, either before or during regular court
proceedings. An application for referral, in the proper format, must be filed in the appropriate
court, including details of the case and the dispute. The court evaluates the application based
on the nature of the dispute and parties' willingness, referring the case to Lok Adalat if
deemed suitable. Lok Adalat proceedings are conducted in a casual and participative manner,
with both parties attending and the Lok Adalat bench, comprising judicial officers and
experts, guiding the resolution process. If an agreement is reached, it's recorded as a legally
binding settlement, similar to a court decree. The regular court implements the settlement as
agreed, making it enforceable through execution proceedings. Cases that don't settle are
referred back to the regular court, with Lok Adalat discussions not admissible as evidence in
subsequent court proceedings.

AWARD OF LOK ADALAT

Every award of Lok Adalat shall be deemed to be a decree of a Civil Court or an order of any
other court. The award of the Lok Adalat is final and binding on all the parties to the dispute
and no appeal lies to any Court against such an award. The only remedy then is to file a writ
11 petition under Arts 226 and 227 of the Constitution of India in a High Court or to appeal
by Special Leave under Art.136 of the Constitution of India in the Supreme Court.

Where the parties arrived at a consensus that the entire sum be decreed and the rate of interest
and number and period of installments were left to the discretion of the court, it was held that
the discretion exercised by the court also formed part of the consensus reached between the
parties and the award so made on the basis of such consent attained finality under the
provisions of s 21(2) of the Legal Services Authorities act 1987.

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Award of Lok Adalat is an administrative act of incorporating the terms of compromise or
settlement agreed by the parties in the presence of Lok Adalat. Lok Adalat does not sit in
adjudication of the dispute. No appeal lies against the award of Lok Adalat and if any party
wants to challenge the award, it can only be by way of petition under Arts. 226 or 227 of the
Constitution of India. The challenge can be entertained only on very limited grounds and that
too only by the parties to the settlement/compromise before Lok Adalat and not by anyone
else. One such ground is when a party alleges that there was no settlement or compromise.
Another ground would be that the settlement or the compromise was vitiated by fraud or
misrepresentation. Moreover, when there is patent illegality, error of law or error of
jurisdiction, or there has been violation of any Act or Rules or The pre with the award passed
by the Lok Adalat under Art. 226 of the Constitution of India.

POWERS OF LOK ADALATS

 Section 22 of The Legal Services Authorities Act of 1987 mentions the powers given to
the Lok Adalats and they are same powers as are vested with the Civil court under the
Code of Civil Procedure, 1908 regarding various kinds of suits including production of
documents, taking over any of the public documents or records from court etc.

 Within section 22(2) of the Legal Services Authorities Act of 1987, Lok Adalats are
provided with the powers to define and set out their own policies and procedure for
resolving all the disputes that are filed with them. All proceedings that take place before
Lok Adalat are to be regarded as judicial proceedings as per Sections193, 219 and 228 of
the Indian Penal Code, 1860 and Lok Adalat are same as civil court.

 Further, a Lok Adalat shall have the requisite powers 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 the Indian Penal Code (1860) and every Lok Adalat shall be deemed to be
a Civil Court for the purpose of the Code of Criminal Procedure (1973).

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 An award of a Lok Adalat shall be deemed to be a decree of a Civil Court or an order of
any other court.

 Every award made by a Lok Adalat shall be final and binding on all the parties to the
dispute. No appeal shall lie to any court against the award of the Lok Adalat

ADVANTAGES OF LOK ADALATS

 Speedy Justice: Lok Adalats ensure expeditious dispute resolution. They can be quickly
arranged at accessible locations, conducted in local languages, and accommodate even
illiterate individuals. This streamlined process circumvents the lengthy procedures often
associated with regular court proceedings.

 Cost-Efficiency: Lok Adalats offer a cost-effective alternative to traditional litigation.

Parties involved do not bear any financial burdens as there are no court fees, and any fees
previously paid in regular courts are refunded when disputes are settled in Lok Adalats.
This financial incentive encourages parties to consider settlement over prolonged legal
battles.

 Reducing Backlog: Lok Adalats play a crucial role in alleviating the backlog of cases in
the Indian judicial system. When a compromise is reached, the awards issued are binding
and treated as civil court decrees, with no avenue for appeal. This expedites the resolution
process and lightens the caseload burden on appellate courts.

 Promoting Cordial Relations: Lok Adalats prioritize compromise and reconciliation.

They act as conciliators rather than arbitrators, striving to persuade parties to find
mutually agreeable solutions. This approach not only settles disputes but also fosters and
preserves amicable relationships between the parties involved.

 Procedural Flexibility: Lok Adalats do not rigidly adhere to procedural laws and strict
rules of evidence, making the process more accessible and informal. Parties can directly
interact with the judge or present their cases through legal representation, offering
flexibility and accommodating various needs.

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 Final and Non-Appealable: Awards issued by Lok Adalats hold the status of a civil
court decree and are non-appealable. This aspect ensures that the settlement process
reaches a conclusive resolution, avoiding the delays and complexities often associated
with appeals.

The effectiveness of Lok Adalats is underscored by their contribution to swift, cost-

effective, and amicable dispute resolution, benefitting the common man, particularly the
underprivileged and those in need.

CRITICISMS AND CHALLENGES

While Lok Adalats have proven to be effective in many cases, they are not without
criticisms and challenges. Some of the common criticisms include:

 Limited Jurisdiction: Lok Adalats can only handle cases that are compoundable and do
not involve serious offenses.
 Lack of Legal Expertise: As Lok Adalats focus on amicable settlement, there might be
instances where the decisions lack legal depth or nuanced understanding.
 Limited Awareness: Many individuals, especially from marginalized communities, are
unaware of the existence and benefits of Lok Adalats, hindering their access to justice.
 Enforcement Issues: Ensuring compliance with the decisions of Lok Adalats can
sometimes be challenging, requiring additional efforts for effective implementation.

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 CONCLUSION

In conclusion, Lok Adalats have emerged as a vital component of India's legal system,
offering an effective and efficient alternative for dispute resolution, especially in civil
matters. These forums are deeply rooted in the principles of reconciliation and compromise,
reflecting Gandhian ideals. They significantly contribute to the speedy delivery of justice,
cost-efficiency, and the reduction of backlog in the regular courts. Lok Adalats play a pivotal
role in promoting cordial relations among disputing parties and offer a flexible, informal
approach to dispute resolution. The binding nature of their awards, which hold the status of
civil court decrees, ensures a conclusive resolution.

However, despite their numerous advantages, Lok Adalats face challenges, such as limited
jurisdiction, potential lack of legal expertise in some cases, limited awareness, and difficulties
in enforcing their decisions. Therefore, while Lok Adalats have proven effective in many
instances, it is essential to address these challenges and further promote their accessibility and
efficiency in delivering justice.

In the quest for realizing the Constitutional goals of 'equal and social justice' and enhancing
the diversity and democratic values of India, there is room for lawmakers, jurists, lawyers,
and judges to consider extending Lok Adalat's jurisdiction to areas like business disputes and
conflicts involving the public and government. By doing so, they can fortify the already
appreciable Lok Adalat system, making it even more robust and integral to India's legal
landscape.

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 BIBLIOGRAPHY

1. Sullar. Harman Shergill, Alternative Dispute Resolution, Shree Ram Law House, (4th
Edition 2022)

2. Singh. Avtar, Law of Arbitration and Conciliation, Eastern Book Company, Lucknow
(11th ed. 2018).

3. Rao P.C. & Sheffield. William, Alternative Disputes Resolution-what it is And How it
works? Universal Law Publications, Delhi (1997).

4. Lok Adalat (legalserviceindia.com)

5. Lok Adalat System In India - The Indian Law

6. Lok Adalat: Constitution & its Functions - Law Insider India

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