PERMANENT LOK ADALAT: AN OVERVIEW

HIDAYATULLAH NATIONAL LAW UNIVERSITY

RAIPUR, CHHATTISGARH

Subject –Alternative Dispute Resolution

Submitted to Submitted by

V. Suryanarayan Raju Akansha Khalkho

Assistant Professor Semester – 4

(Law) Section - B

Roll No. - 14

SUBMITTED ON – 15/02/24
 DECLARATION

I hereby declare that the project entitled “Permanent Lok Adalat: An Overview” submitted to
Hidayatullah National Law University, Raipur, is not plagiarized and original written in my own
words and it’s my original work on the topic. It is properly researched and analyzed after going
through deep in the topic and followed by all the instruction of the University given by the
faculty.

Name – Akansha Khalkho

Semester – VI (B.A. LL.B. HONS)

Section – B

Roll No. –14

 INTRODUCTION

Lok Adalat are one of the alternative dispute resolution which was established by the Legal
Service Authorities, 1987, which can be accessed by everyone, especially the lower class people
who can’t afford the cost of lawyers or courts. This gives the way to these lower class people to
get justice and resolve their problems, through compensation or consideration. Earlier it was
difficult for these people to get justice and suffer from injustice, but later Lok Adalat were
established to provide resolutions to them. It was formed to deal with specific categories of
disputes, such as those involving public utility services like postal and telegraph services, and it
comprises of a Chairman and two members. If the parties are unable to come to an agreement,
the Lok Adalat has the ability to determine the issue; its decision is final and binding on all
parties.

The concept of Lok Adalat, meaning "people's court," traces its roots to ancient Indian traditions
of resolving disputes through community participation and mediation. The establishment of
Permanent Lok Adalats in 2002 marked a pivotal development in the Indian legal landscape,
further institutionalizing alternative dispute resolution mechanisms. The jurisdiction of
Permanent Lok Adalats extends to matters involving essential services such as transport, postal,
telecommunication, power, insurance, and banking, among others. These Adalats exclusively
handle cases where the value of the dispute does not exceed a specified monetary limit, as
prescribed by law. Additionally, disputes must pertain to rights conferred by law or contractual
obligations concerning the provision of public utility services.

The establishment of Permanent Lok Adalats reflects a commitment to accessible justice and the
promotion of alternative dispute resolution mechanisms in India. By providing a platform for
swift and amicable resolution of disputes, these Adalats play a crucial role in reducing the burden
on traditional courts and fostering a culture of peaceful conflict resolution within society.
 PERMANENT LOK ADALAT: AN OVERVIEW

The idea of the Permanent Lok Adalat is very embedded in the traditional Indian system of
Panchayats. These have been local our bodies comprising respected elders who might arbitrate
disputes within their communities. Their goal was to provide a communal shape of justice that
become reachable and comprehensible to all, regardless of their social or economic repute. This
traditional concept changes into formalised and modernised with the advert of the Legal Services
Authorities Act in 1987. There are types of Lok Adalat in which one of them is Permanent Lok
Adalat which is established under section 22 (B) of the Legal Services Authorities Act, 1987.1

The act represents a great milestone in the legal panorama of India. It established the National
Legal Service Authority, a important body with the strength to represent Permanent Lok Adalats.
These bodies have been given the obligation of offering a compulsory pre-litigation mechanism
for conciliation and settlement of disputes regarding Public Utility Services. This region of
regulation impacts a considerable share of the populance, and the established order of the PLA
turned into a noteworthy step in making justice handy to the hundreds.

HISTORY

To fully understand the role and importance of the Permanent Lok Adalat, it is necessary to
understand its historical development. The concept of Lok Adalat, or ‘people’s court’, has its
roots in ancient Indian society, where disputes were settled in a communal setting. This
traditional form of dispute resolution was revived in modern times with the establishment of Lok
Adalat system under the Legal Service Authorities Act. The introduction of the Permanent Lok
Adalat in 2002 was a significant development, marking a shift from the ad-hoc nature of
traditional Lok Adalats to more institutionalized form of dispute resolution. The PLA was
mandated to deal with cases at the pre-litigation stage, giving parties an opportunity to resolve
their disputes before they escalate into full court cases. This represents an important step in the
evolution of the Indian legal system, highlighting the growing recognition of alternative dispute
resolution mechanisms as practical and effective means of delivering justice.

1
Permanent Lok Adalat, National Legal Service Authority, https://nalsa.gov.in/lok-adalat/permanent-lok-adalat
FUNCTIONING

The functioning of the Permanent Lok Adalat is quite distinct, distinguishing it from other forms
of dispute settlement. It has the exclusive right to deal with matters at the pre-litigation stage,
i.e., before a case is formally filed in court. This proactive approach aims to prevent unnecessary
legal action, thus saving time, money and emotional distress. This encourages resolution of
disputes at an early stage before they escalate and become more complex. The PLA specifically
deals with matters related to the provision of public utility services, such as water, electricity,
housing, and other essential services that are important for daily life. By providing a platform for
disputing parties to come together and discuss their issues, PLA facilitates dialogue and
promotes the resolution of disputes in a manner that is mutually agreeable. This approach
ensures that the rights of all parties are protected, and their interests are taken into account.

BENEFITS

The benefits of the Permanent Lok Adalat are manifold and extend beyond the individuals
directly involved in the disputes. Firstly, it provides a faster and more cost-effective mechanism
for resolving disputes. By dealing with disputes at the pre-litigation stage, the PLA helps to save
time, money, and resources that would otherwise be spent on long-drawn court proceedings.2

Secondly, the PLA operates on the principles of justice, equity, and good conscience. This
ensures that the settlement of disputes is not only legally sound but also fair, equitable, and in
line with societal norms and values. This principle-driven approach helps to build trust in the
system, promotes the acceptance of the PLA's decisions, and contributes to social harmony.

Thirdly, the PLA encourages the active participation of the parties in the resolution of their
disputes. This fosters a sense of ownership and involvement, which often leads to a more
satisfactory outcome for all parties involved. The parties feel they have had a say in the
resolution of their dispute, rather than having a decision imposed upon them. This participatory
approach enhances the legitimacy of the PLA's decisions and ensures their acceptance.

IMPORTANCE OF PERMANENT LOK ADALAT FOR JUSTICE AND SOCIAL

HARMONY
2
Shivali Wal, Permanent Lok Adalats- A Critical Study, (September, 15, 2016) https://blog.ipleaders.in/permanent-
lok-adalats-critical-study/
One of the most significant roles of the Permanent Lok Adalat is in enhancing access to justice
for all, a fundamental right that is enshrined in the Indian Constitution. 3 The traditional court
system, while effective, can often be time-consuming, expensive, and complex, making it
inaccessible to many. The PLA, with its focus on pre-litigation conciliation and settlement,
provides an alternative that is more accessible, affordable, and understandable for the common
man.

The PLA's approach is particularly beneficial for disputes involving public utility services. These
services, such as the provision of water, electricity, and public transportation, are essential for
daily life. Disputes in these areas can have a significant impact on the quality of life of
individuals and communities. By providing a platform for the quick and fair resolution of such
disputes, the PLA plays a crucial role in ensuring that these essential services are not disrupted,
thereby enhancing the quality of life of the citizens.

The Permanent Lok Adalat also plays a vital role in promoting social harmony. At the heart of
the PLA's approach is the principle of fair and equitable resolution of disputes. By involving the
parties in the resolution process and ensuring that the decisions are in line with societal norms
and values, the PLA fosters a sense of justice and fairness in society.

Furthermore, by providing a platform for dialogue and negotiation, the PLA helps to diffuse
tensions and prevent conflicts from escalating. This approach not only leads to more satisfactory
outcomes for the parties involved but also helps to maintain social cohesion and harmony.

TODAYS SENARIO

In today's fast-paced and increasingly complex society, the importance of the Permanent Lok
Adalat cannot be overstated. As the demand for public utility services continues to increase, so
does the potential for disputes. The PLA provides a critical platform for the quick and fair
resolution of these disputes, ensuring that the essential services that the public depends on are not
disrupted.
3
G. Gnana Suvarna Raju, Access to justice through Permanent Lok Adalat for Public Utility Services, An Over
View, https://districts.ecourts.gov.in/sites/default/files/PLAPUS-overview.pdf
Furthermore, in a society marked by increasing diversity and change, the PLA's approach of
promoting dialogue and negotiation is more relevant than ever. It provides a platform for parties
to come together and resolve their differences in a manner that respects and takes into account
the diverse perspectives and interests. This helps to maintain social cohesion and harmony in an
increasingly diverse and changing society.
 CONCLUSION

In conclusion, the Permanent Lok Adalat is an essential part of the Indian legal system. It serves
as an efficient, cost-effective, and equitable platform for the resolution of disputes, particularly
those related to public utility services. The PLA's contributions to facilitating access to justice,
promoting social harmony, and enhancing the quality of life of the citizens are significant. The
Permanent Lok Adalat is a critical component of the Indian legal system. It has played a
significant role in enhancing access to justice, promoting social harmony, and improving the
quality of life of the citizens. As we move forward, the role and relevance of the PLA are set to
increase further. Its approach, which emphasises dialogue, negotiation, and fairness, positions it
as a leading model for dispute resolution in the 21st century.

As we look to the future, the PLA's role within the Indian legal system and its relevance are set
to increase. Its approach, which aligns with global trends towards alternative dispute resolution,
positions it as a leading model for dispute resolution, not just in India, but potentially on a global
scale. The Permanent Lok Adalat is, indeed, a shining beacon of the principles of justice, equity,
and good conscience in the Indian legal system.