• National Lok Adalat is scheduled to be held on November 12 across the country to dispose of pending cases through settlement. Considering the benefits of the Lok Adalat system and mutual settlement between parties a large number of consumer cases are expected to be disposed of.

• Groundwork for this exercise has already been initiated and all the consumer commissions have been instructed to identify cases that have an element of settlement and prepare a list of pending cases that can be referred to Lok Adalat.

• Regular monitoring of the making of the list is done by the department of consumer affairs. 

• There are about 607,996 consumer cases pending in the country. In the National Consumer Disputes Redressal Commission (NCDRC) there are about 222,50 numbers of cases pending.

• The Department of Consumer Affairs is constantly monitoring the disposal of cases in consumer commissions and is in the process of collaborating with the National Legal Service Authority (NALSA) for referring the inclusion of pending consumer cases to be disposed of through the upcoming National Lok Adalat.

• National Legal Service Authority (NALSA) along with other legal service institutions conducts Lok Adalats.

Lok Adalats

• In order to facilitate alternative methods of dispute resolution, NALSA conducts Lok Adalats. It is a forum where disputes/cases pending in the court of law or at the pre-litigation stage are settled/compromised amicably. 

• Lok 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 lies against such an award before any court of law.

• The first Lok Adalat was held in March 1982 at Junagadh in Gujarat.

• The evolution of the movement called Lok Adalat was a part of the strategy to relieve heavy burden on the courts with pending cases and to give relief to the litigants who were in a queue to get justice.

• The parties don’t have to be represented by the lawyers and are encouraged to interact with a judge who helps in arriving at an amicable settlement.

Nature of cases to be referred to Lok Adalat:

i) Any case pending before any court.

ii) 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.

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:

i) Any case pending before.

ii) 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.

• Lok Adalats have the competence to deal with a number of cases like compoundable civil, revenue and criminal cases, motor accident compensation claims cases, partition claims, damage cases, family disputes, etc.

• 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. 

• Decision is by informal sitting and binding on the parties and no appeal lies against the order of the Lok Adalat.

Powers of Lok Adalat

The Lok Adalat shall have the powers of a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters:

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

ii) Power to enforce the discovery and production of any document.

iii) Power to receive evidence on affidavits.

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

v) Such other matters as may be prescribed.

• 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 CrPC.

Types of Lok Adalats: 

1) Regular Lok Adalats are organised by the Legal Services Authorities/Committees as per the convenience/discretion of the state/district authorities, for settlement of both pre-litigation and post-litigation cases.

2) National Lok Adalats are conducted quarterly for settlement of cases (both pre-litigation and post-litigation) in all the courts from the Supreme Court of India to the taluk courts on a single day.

3) Permanent Lok Adalats are permanent establishments set up in most of the districts to provide compulsory pre-litigative mechanism for settlement of disputes related to public utility services.

• Mobile Lok Adalats are also organised 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.

• Lok Adalats have also moved to the virtual platform due to the coronavirus pandemic.

National Legal Services Authority (NALSA)

• The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to monitor and evaluate implementation of legal aid programmes and to lay down policies and principles for making legal services available under the Act.

• In every state, a State Legal Services Authority (SLSA) and in every High Court, a High Court Legal Services Committee has been constituted. District Legal Services Authorities (DLSAs), Taluk Legal Services Committees have been constituted in the districts and most of the taluks to give effect to the policies and directions of the NALSA and to provide free legal services to the people and conduct Lok Adalats in the state. 

• Supreme Court Legal Services Committee (SCLSC) has been constituted to administer and implement legal services related to the Supreme Court of India.

Functions of NALSA

• NALSA lays down policies, principles, guidelines and frames effective and economical schemes for the State Legal Services Authorities to implement  legal services programmes throughout the country.

• Primarily, the State Legal Services Authorities, District Legal Services Authorities, Taluk Legal Services Committees, etc have been tasked to discharge the following functions:

1) To provide free and competent legal services to the eligible persons covered under Section 12 of the Legal Services Authorities Act, 1987.

2) To organise Lok Adalats for amicable settlement of disputes. 

3) To organise legal awareness camps in the rural areas.

Additional read:

The development of legal aid movement in India

Legal aid strives to ensure that constitutional pledge is fulfilled in its letter and spirit and equal justice is made available to the poor, downtrodden and weaker sections of the society.

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