LOK ADALAT – AN ALTERNATIVE WAY TO TRADITIONAL JUDICIAL

PROCEEDINGS: A CRITICAL APPRAISAL

INTRODUCTION

To the poor the courts are a maze,

If he pleads there all his life,
Law is so lordly,
And loath to end his case,
Without money paid in the presents,
Law listeneth to few.
– Pier's Plowman1

Resolution of disputes is the fundamental attribute for maintaining peaceful society and
harmony in a country as well as a technique to promote easy access to justice for the common
people.2But, the raising concern in this era is the procedural formalisation of justice that
exists in the Courts. Currently, one of the major issues that common men face is the delay in
Court proceedings. Effective justice delivery machinery is a permanent and indispensable
condition of civilization, peace, order and governance in every system of government. Just as
the physical atmosphere is poisoned by pollution, the societal atmosphere is poisoned by the
poor justice system.

CURRENT JUDICIAL STRUCTURE IN INDIA

In our country State is the protector of the public’s rights and liberties. It delivers justice
through Judicial Dispute Resolution mechanism. Thus, judiciary is the main source of
judicial process. The judicial system existing in India is developed during the British regime;
hence, it shares many similarities with the English system.

The Hon'ble Former Chief Justice of India, A.M. Ahmadi said3:

"…to understand judicial process in India we must understand why the nature of
the judicial process in India has undergone a metamorphosis; the reasons underlying
the expansion of the scope of judicial review and the legitimacy of such a response;

1
T.B. Singh; Legal Aid In India: A Profile, AIR 2002 Jour 191
2
Jitendra N. Bhatt , ROUND TABLE JUSTICE THROUGH LOK-ADALAT (PEOPLES' COURT) – A VIBRANT
- ADR - IN INDIA , (2002) 1 SCC (Jour) 11, http://kelsa.nic.in/lokadalat.htm
3
Lipika Sharma, Judicial Process in India,
http://www.academia.edu/2148040/JUDICIAL_PROCESS_IN_SPECIAL_REFERENCE_TO_INDIA

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 and the need for, and the factual reality of, what has euphemistically been called
judicial legislation...”

The judicial system provided by the Constitution of India is comprised of three hierarchies
of courts - the Supreme Court, the High Courts and the lower courts. Along with the
Constitution, there are other laws and rules which regulate the composition, power and
jurisdiction of these courts. The concept of ‘total justice’ is now an unrealistic concept due to
various short comings of the existing system. Thus, the goal of providing adequate access to
justice is a far reaching goal. The following are the important practical dilemmas of the
existing traditional justice delivery mechanisms are in ordinate delay; usually litigations ends
in a win-lose situation; high litigation cost; complex procedures; high level anxiety and stress.

THE SOLUTION: ADR MECHANISMS

The justice delivery system existing in India is though remaining as the main institution
for justice; it cannot provide speedy justice to the needy people. Hence, the Alternative
Dispute Resolution mechanisms are presented as an alternative to the existing system. It
comes into the picture with the promotion of the idea ‘access to justice’ for all. The ADR
systems seek to provide cheap, simple, quick and accessible justice to all. There are various
ADR Systems such as negotiation, conciliation, arbitration, Lok Adalats etc. In India, among
all these ADR mechanisms Lok Adalat is considered as a unique and most appropriate form
of ADR mechanism.

In the term Lok Adalat, ‘Lok’ stands for ‘people’ and ‘Adalat’ stands for court. Therefore,
it is the ‘People's Court’. Lok Adalat is defined as a forum where voluntary effort aimed at
bringing about settlement of disputes between the parties is made, through conciliatory and
pervasive efforts4. In simple words, it is a forum where the cases pending in the court of law
or at pre-litigation stage are amicably settled. Lok Adalat is an extended form of conciliation
wherein the parties are assisted by the judges and are basically meant to avoid the inordinate
delays in the formal adjudication mechanisms and to clear the backlog of arrears of cases. 5

4
Rao, P. B. S., ―Establishment of Permanent Lok Adalats- A ban or boon?, Indian Bar Review, Vol XXXI,
2003, at 53.
5
The ambit of the cases being resolved by the Lok Adalat can differ from time to time depending on the purpose
for which it is constituted. Most of the cases decided by them are related to accident claims matrimonial relief,
small claims for compensation for Land Acquisition claims, Wages claims, Municipal claims, Compoundable
offences, traffic offences etc.

2
 The Legal Services Authority Act, 1987 provides for statutory recognition to Lok Adalats,
pursuant to Article 39-A of the Constitution of India. According to the Act, Lok Adalats can
consider matters relating to civil, revenue and criminal disputes; electricity cases, family
disputes, transport services, postal or telephone services etc6.

Advantages of Lok Adalat:

1. No Court fee is required to be paid and if any Court fee is already paid it will be
refunded, if settled at Lok Adalat according to the rules.
2. Procedural flexibility, i.e., no strict application of procedural laws.
3. Disputes can be brought either directly or indirectly before Lok Adalat.
4. Parties to the dispute can participate and directly interact with the Presiding Officer
through their Counsel which is not possible in regular Courts of law.
5. The award by the Lok Adalat is final and binding on the parties. It has the status of a
Civil Court decree and hence can be executed accordingly.
6. The disputes are settled faster and free of cost amicably.
7. It is non-appealable which does not cause the delay in the settlement of disputes
finally.

CRITICAL ANALYSIS OF LOK ADALAT

Lok Adalat is considered to be one of the best ADR mechanisms at present. Like every
coin has got 2 sides, Lok Adalat also suffers certain demerits. Lok Adalat system is mainly
based on compromise or settlement between the parties. It adopts only a conciliatory method
and does not decide a dispute. Therefore, if no compromise or settlement is arrived, the case
will be returned to the court. Another drawback is that a case can be taken to Lok Adalat only
when the petitioner or claimant wants the same. Sometimes the lawyers are reluctant to refer
the matter to Lok Adalat. Even there are instances where parties may pressurize to stick up to
the strict process of court. There is a criticism that all members appointed in Lok Adalat need
not have legal background.

In Lok Adalats the decree is non-appealable. However, the power of judicial review is
implicit under the Constitution unless expressly excluded by a provision of the Constitution.
It can be availed to correct any order passed by a statutory authority. The writ jurisdiction of

6
supra note 4 , pp. 50-51

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the High Court cannot be restricted by provisions of any enactment and hence there is always
a scope to go for a writ petition.

SUGGESTIONS

Lok Adalat is a method of quick disposal of suits at minimal costs. There are instances
when even lawyers look upon Lok Adalat for dispute resolution. Sometimes the very basis of
the system is defeated due to some kind of invisible, coercive agencies for bringing undue
public pressure, or pressure from lawyers, judges, or social workers present in Lok Adalats
by making it unfair, unjust and calling for one sided sacrifice, resulting in, weak and or
deserving side losing their just fight to the advantage of rich, powerful and well off sections.

“If Lok Adalats are given power to decide the cases on merit in case parties fail to arrive at
any compromise or settlement, this problem can be tackled to a great extent”.7Voluntary
participation of people is the basis of Lok Adalat, but it can be achieved by people restricting
themselves from invoking the jurisdiction of traditional Courts in trifle disputes.

Legal awareness camps must be organised at grass-root level and must be created about
various Legal Aid Schemes and programmes. Widening of the ambit of Lok Adalat may aid
for speedier disposal of more cases. Public must be made aware about the holding and
success achieved by conducting of Lok Adalats.

CONCLUSION

In a country like India where illiteracy, piling up of pending cases and people deprived of
access to justice are dominated all over the country Lok Adalat system seems to be the best
ADR mechanisms. Lok Adalat conducted till today for various subjects have achieved really
good response and proved to be effective. Hence it is high time that other matters which do
not fall under its domain should also be brought under the jurisdiction of Lok Adalat like
business disputes or conflicts where public at large is involved and the matters in relation
government.

Even though the overall functioning and achievement of Lok Adalat appears to be
appreciable but has yet not reached the stage remarkable. Thus a need to strengthen the
system in recent context, as well as, help to realize the Constitutional goals of ‘equal and

7
Bhoopesh v. M/S. New India Assurance, W.P.(C) Nos.30239 of 2007, (para 26)

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social justice’ to its fullest extent is to be achieved. It will reaffirm the public confidence in
the judiciary.