LEGAL AID

PROJECT
LOK ADALAT
 WHAT IS LOK ADALAT??

• Lok Adalat (People's Court) is one of the ’Alternative dispute resolution’

mechanisms in India formed under Sec 19 of the Legal Services Authorities Act,

• It is a type of court where cases pending before courts of law are solved
according to the statutory status given by the Legal services Authorities Act.

• Lok Adalat or the People’s Courts, decide the dispute with utmost expedition
to arrive at a compromise or settlement on the basis of principles of justice,
equity, fair play and other legal principles.
 OLD CONCEPT???

• Lok Adalat is an old concept. In ancient India it played important role in

settlement of disputes.

• The Lok Adalat is an old form of adjudicating system prevailed in ancient India.
This system is based on Gandhian principles.

• The first Lok Adalat was held in Gujrat in 1982.

• First time held in Chennai in 1986.

 OBJECTIVES OF LOK ADALAT
As the Indian Courts are over burdened with the backlog of cases at the regular Courts, they
have to decide cases which involve a lengthy, expensive and tedious procedure. The Court takes
years together to settle even petty cases.

Here Lok Adalat come into force, They have the following Main Objective
1) To settle the disputes quickly by counseling and discussions, etc.

2)To provide quick justice with the mutual and free consent of the parties.

3) To reduce burden on the Courts so that the problem of law's delay may be solved and
people may get justice within due time.

4)To save not only time but also huge expenditure on judicial proceedings in the current
judicial system.
 LOK ADALAT….HOW ARE THEY
ORGANIZED..????
• According to Section 19 of Legal Services and Authorities Act,1987:
 Every State Authority,
 District Authority,
 Every High Court; and
 Every Supreme Court,
Legal services committee may organize Lok Adalat's as such intervals and places
as it may think fit.
 JURISDICTION OF A 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; or

ii. 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 can compromise and settle even criminal cases, which are
compoundable under the relevant laws.
 COMPOSITION OF LOK ADALATS

According to the section 19(2) Legal services Authorities Act, 1986;

Every Lok Adalat organized for an area shall consist of such number of:
a) serving or retired judicial officers; and

b) other persons, of the area as may be specified by the State Authority or

the District Authority or the Supreme Court Legal Services Committee or
the High Court Legal Services Committee, or as the case may be, the Taluk
Legal Services Committee, organizing such Lok Adalat.
 WORKING OF THE LOK
ADALAT….??????
Section 20 of the Legal Services Act,1986 provides the working of the Lok
Adalat.

According to the section:

a) If any parties decides to settle its case by Lok Adalat,then such parties may
appeal to the court to settle the case in Lok Adalat.

b) On such appeal the court will observe and if it satisfied to the court that:

i)There is a possibility of Compromise between the parties, or

ii)The Case is worthy to be heard in the Lok Adalat,then the court will send the
case to the Lok Adalat.

c) whenever the case is to be sent to the Lok Adalat the court will first hear the
side of the opposite party.

d) The Lok Adalat shall hear the case which has come to it and try and settle the
matter through Compromise or Settlement.
e) At the time of settle the Lok Adalat shall follow:
i. Principles of Equity, justice and Good Conscious,
ii. Principles of Natural Justice.

f) If the settlement is not successful the case is returned from where it came to
settle the matter legally.

g) The court will again start hearing the case in the stage in which it was sent to
the Lok Adalat
 CASES SUITED FOR LOK ADALAT
• Compoundable civil, revenue and criminal cases.
• Motor accident cases
• Partition Claims
• Matrimonial and family disputes
• Bonded Labour disputes
• Land acquisition disputes
• Bank’s unpaid loan cases
• Arrears of retirement benefits cases
• Cases which are not under the jurisdiction of any Court.
 POWERS OF THE LOK ADALATS
• The Powers bestowed on Lok Adalats are as follows:
1. It has the power of the Civil Court, under the Code of Civil Procedure,
1908, while trying a suit, in respect of the matters stated earlier.
2. Power to summon and enforce the attendance of any witness and to
examine him/her on oath.
3. Power to enforce the discovery and production of any document.
4. Power to receive evidence on affidavits.
5. Such other matters as may be prescribed.
6. Every Lok Adalat shaPower for requisitioning of any public record or
document or copy thereof or from any court.
7. ll have the power to specify its own procedure for the determination of any
dispute coming before it.
5) Such other matters as may be prescribed.
6) Every Lok Adalat shall have the Power for requisitioning of any public record or
document or copy thereof or from any court.
7) Every Lok Adalat shall have the power to specify its own procedure for the
determination of any dispute coming before it.

Status of a Lok Adalat

• All proceedings before a Lok Adalat shall be deemed to be judicial proceedings.

• Every Lok Adalat shall be deemed to be a Civil Court and so is its decree will be
given the same status as of a Civil Court.
 LOK ADALAT AWARD….HOW DOES
CONSENT WORK..???
• During the Lok Adalat, the parties agree to abide by the decision of the Lok
Adalat.
• The most important factor to be considered while deciding the cases at the
Lok Adalat is the consent of both the parties.
• It cannot be forced on any party that the matter has to be decided by the Lok
Adalat.
• However, once the parties agree that the matter has to be decided by the Lok
Adalat, then any party cannot walk away from the decision of the Lok Adalat.
WHAT HAS SUPREME COURT HAS TO
SAY..????
• The Supreme court said that in unequivocal terms, the award of the Lok Adalat
is as good as the decree of the Court.

• The award passed by the Lok Adalat is the decision of the Court itself though
arrived at by the simpler method of conciliation instead of the process of
arguments in court.

• Also, the Supreme Court has held that if there was no consent, the award of
the Lok Adalat is not executable.
• Also if the parties fail to agree to get the dispute resolved through Lok Adalat,
the regular litigation process remains open for the contesting parties.

• The Supreme Court has also held that, if no compromise can be arrived at,
then no order can be passed by the Lok Adalat.
 APPEALABLE….????
• The decision given by the Lok Adalat is binding upon the parties
and is not appealable to the higher courts.
• The reason for no appeal provision is as so because the parties are
not forced to approach the Lok Adalat for settlement for mutual
settlement by fast and tireless procedure by the Lok Adalat.
• An Appeal provision in the Lok Adalat Decision would destroy the
main reason for establishment of the Lok Adalat which was for
faster disposal of petty cases.
• Note- The decision of the Lok Adalat can only be challenged under
a writ petition according to Article 32 or Article 226 of the Indian
Constitution.
 CONCLUSION
• The special conditions prevailing in the Indian society require a highly
sensitized legal service which is efficacious for the poor and the down-
trodden.
• The Lok Adalat mechanism is no more an experiment in the country, but is a
full-proven success that needs to increase its domain and bring under its realm
the several aspects that have been excluded till date.
• The need for Lok Adalats is aggravated by the huge population of India that
creates an unmanageable burden on the Judiciary system.
• To increase the efficiency of the system of Lok Adalats, it is crucial for the
public, the lawyers, the executive and the Judiciary to work in harmony and
coordination.
• The people should be made aware of the advantages of the Lok Adalat's, and
for this various Legal Aid Camps can be conducted by Law students funded by
the Government.
• To increase the efficiency of the system of Lok Adalats, it is crucial for the
public, the lawyers, the executive and the Judiciary to work in harmony and
coordination.

• The people should be made aware of the advantages of the Lok Adalat's, and
for this various Legal Aid Camps can be conducted by Law students funded by
the Government.