Genesis of Lok Adalat

Lok Adalat

Genesis of Lok Adalat
Introduction
The history of the evolution of Lok Adalats, popularly known as people’s court goes back to Vedic times when the kings, in return for taxes paid to him by the people performed the duty of judge. The Vedic king wielded authority as the head of the judiciary and claimed himself as the upholder of Dharma of law like Varma. The judicial powers of the king swallowed with the passage of time and the machinery for the administration of justice put into by him consisted by Sabha and Samiti. The study of Dharmasutras discloses that king started delegating his judicial authority to his royal officers who were the member of village assembly known as the Sabha. The most pronounced feature of Hindu policy was that the law was administered by the Sabha. Normally it was the Sabha or the popular village assembly rather than the king who tried to arbitrate when it was feasible to do so. There is substantial corroboration of the fact that in the later vedic times Samhitas and Brahmanas of the old Vedic tribal council called the sabha developed into the king’s court as well as his council.

1

Lok Adalat

There were functioning two seats of courts simultaneously, viz the royal court and popular court i.e lok Adalat. With the expansion of royel powers after 600 B.C subordinate royal courts began to be constituted for important towns and cities which were often located in the headquarters of terriritorial division like Sthana. Dronamukha and Kharvatika. These courts functioned under the authority of royal seal and were popularly known as Mudrita in later times. Similarly, there were special Royal courts of criminal jurisdiction known as Kantakasodhana courts. In addition to these royal courts, there were no. of popular courts in the ancient Indian polity. Though the ancient Indian polity was a highly centralized one but it left a number of disputes to be decided by unofficial courts.

GRADATION AND COMPOSITION OF PEOPLE’S COURTS
To reiterate, the lok Adalats i.e., popular courts or people’s courts are for the first instance mentioned in Yajnavalkya Smriti. He mentions three types of popular courts, viz. (a) Puga, (b) Sreni, and (c) kula. Similarly, P.V. Kane is of the view that Puga, Sreni, and kula were arbitration tribunals like modern Panchayats or the lok Adalats of today. The judges of the popular courts had office either by election or by inheritance according to
2

Lok Adalat

local custom. There was a well established hierarchy of the popular courts, the highest being the court of Gana and the lowest on the ladder was the Kula court. The Sreni court was in between the two. These same courts are mentioned in the same order by Brihaspati who points out that an appeal would lie to the Sreni court from the decision of Kula court and to the Puga court from the decision of the Sreni court. The word Puga appears to have denoted the local corporations of towns are villages during the post-vedic period. The study of chullavaga discloses that the word Puga has been used to have a sense of corporation of a town or a village. Yajnavalkya opines that the Puga court consisted of member belonging to different castes and profession but staying in the same villages or town. Puga courts functioned as an agency of adjudication other than official ones. One find a detail description about the nature and composition of the Puga courts in the philosophy of Altekar. He was of the view that Puga courts consisted of members belonging to different caste and profession and staying in the same villages or town. It is thus clear that Puga courts played an important role almost throughout the long course of Indian history. Though Puga courts were non official, they had the royal authority behind them since they were sanctioned by the

3

Lok Adalat

king. Puga courts also enjoyed a appellate jurisdiction in all cases decided by Sreni and kula court. The Sreni was an association of persons engaged in similar pursuits. It was an association or a corporation of merchants or guilds. The Dharmasastra and Nitisastra shows that Sreni courts had jurisdiction to resolve disputes among their members. The Sreni had their own executive committees of four or five members and it was likely that these committees functioned as the Sreni court when the efforts at family arbitration failed. Vijnansesvara describes Sreni as agencies of adjudication other than official ones. The Sreni courts had appellate jurisdiction the appeal could lie against the decision of Kula courts in the Sreni courts. Kula was the lowest court, headed by the kirismen. Mitaksara defines Kula as a group of relative. The Kula court was informed body of family elders. It enjoyed the judicial function but was considered to be inferior in jurisdiction to officers appointed by the king. It was an arbitration tribunal like modern panchayat or the lok Adalats of today.

POWERS AND FUNCTIONS OF LOK ADALATS
The hindu scriptures throw a flood of light on the powers nad functions of the popular court prevelant in ancient India. The

4

Lok Adalat

authoritative sources disclosed that these courts had the authority to decide civil and criminal cases accept those involing trail for an offence committed with violence i.e Sahasna. They had no authority to administer sentences of fines and corporal punishment. The matter of this nature had to go before the king, who alone had the power to execute such sentences if it met with his approval. Besides, sahasna matters, the popular courts were almost autonomous in their powers of investigation and the decision of the disputes in their own jurisdiction. Narada has gone to extent of declaring people’s courts independent in their affair equal to a king. The king of the country happens to be upper most and supreme court for civil and criminal cases in his kingdom. In case of grave crimes or when the condemned party refuse to obey the judgment of local court, the court of king was concerned with litigation. Though the popular court where essentially non official, they had still the royal authority behind them nad were sanctioned by the king. The decision s of these courts were authoritative in nature and the government was bound to execute their decrees because the state had delegated these powers to them. The govt. had a considered policy that these popular courts should flourish, it refuse to entertain any suit accept in appeal against their decisions.

5

Lok Adalat

The people’s courts were empowered to impose fines or awards imprisonment, banishment depending in the nature of cases decides by them. Fines, mutilation and death sentence were in vogue. Fines were most common. Those sentenced to imprisonment were often made to work on roads and in public places, so that there should be a deterant effect. In early times the punishment for the murder of a Brahmana was a thousand cows, for that of a Kshatriya five hundred cows, for that for Vaisya hundred cows and for that of a sudra only ten cows.

JUDICAIL PROCEDURE OF THE POPULAR COURTS
The whole judicial proceeding was devided into four main heads. 1 The plaint ( Bhasa Pada or Pratijna) 2 The reply ( or written statement ) 3 The proof ( or evidence on behalf of the plaintiff and the defendant i.e Kriya Pada or Sadhna ) 4 The decision (or judgment) ( Nirnaya )

6

Lok Adalat

Concept of Alternative Dispute Resolution Vis-àvis Lok Adalat
INTRODUCTION
In the present set up of democracy in India equal justice for all is a cardinal principle on which entire system of administration justice is based. It is so deep rooted in the body and spirit of common spirit of common law as well as civil law Jurisprudence that the very meaning which we ascribe to the word “Justice” embraces it. We cannot conceive of justice which is not fair and equal, which is given to one and denied to another. In democracy, Judiciary in one of the organs of the State and without it, democracy cannot be successful. The Public confidence in the Courts depends on the efficiency and integrity of the Judiciary. In our country where People consider the Judges only second to God, efforts to be made strengthen that belief of the common men. It now widely acknowledge that ‘Justice delayed is Justice denied’. It is of common knowledge that existing Justice system is not able to cope up with the increasing burden of cases. It is often said that our Judiciary has come under great stress and is crumbling under its own weight. The deficiency lies in that adversarial nature of Judicial Process which is time consuming and more often Procedure oriented. In a rapidly developing society human needs are

7

Lok Adalat

bound to multiply resulting in conflict of interest people became more conscious about their rights and litigation becomes an inevitable part of their life due to rising incidence of dispute among them. Judicial mechanism finds it difficult to cope up with the enormous case load. We have no other choice but to immediately device effective. Alternative Dispute Resolution Mechanism (ADRM) to ease the present burden of Judicial functioning. The settlement of disputes outside the scope of the formal legal system may be called an alternative means of settlement of dispute. The Primary object of ADRM is to provide cheap Simple quick and effective remedy. In ADR process the disputes are settled with the assistance of a neutral third person. The emergency of alternative dispute resolution has been one of the most significant movements as a part of conflict management and judicial reform, and it has become a global necessity. The Arbitration and Conciliation Act, 1996 laid down the minimum standards, which are required for an effective ADRM. Further the amendment of the Code of Civil Procedure, 1908 will give a boost to ADR Section 89 (1) of CPC now deals with the settlement of disputes outside the Court Lok Adalit has also been proved to the very effective ADR.

HISTORICAL BACK GROUND OF ADR AND LOK ADALAT
8

Lok Adalat

There is considerable evidence was ADR was widely used in ancient India. The history of the evolution of Lok Adalats, popularly known as people's Court, goes back to vedic times when the king in return for taxes paid to him by the people performed the duty of a Judge.1 The Vedic king wielded authority as the head of the Judiciary and claimed himself as the upholder of dharma of law like Varuna2 Dharmasutras discloses that king started delegated his judicial authority to his royal officers who were the members of village assembly known as the sabah3. The most pronounced feature of Hindu polity was that the law was administered by the Sabha normally it was the Sabha or popular village assembly rather than the king who ride to arbitrate when it was feasible to do so.4 There were functioning two seats of courts simultaneously, viz., the Royal Courts and popular courts i.e., Lok Adalat5. We find mentioning of popular courts for the first instance in Yajnavalkya smiriti. He Mention three types of popular Courts viz. (a) puga (b) sreni and (c) Kula.6 Puga (Neighbouhood assemblies) srenis (guilds of a particular occupation) and Kula arbitration tribunals like modern panchayats
1 2

Birender Nath , judicial administration in ancient India (1979) P-27 Rigveda IV 43 : VII 89.5 3 R.C.Majumdar the history and culture of the Indian people :The Vedic age (1965) Vol. 1.P.494 4 Parmatama Saran , ancient India political thought (1982) p.478 5 Parmatama Saran , ancient India political thought (1982) p.471
6

A.S.Atlekar of cit . P.246

9

Lok Adalat

or the Lok Adalats of Today. There were Nyay Panchayats at grass-roots level before the advent of the British system of Justice. Even in day-to day affairs in respect of some categories of disputes ADR procedure of sorts are invoked without fanfare and something without conscious thought, e. g. disputes within the family, between friends and between neighbor’s disputes involving employers and employees, etc.7There was provision for arbitration in the code of civil Procedure. Such alternatives means of dispute redressal system was recognized by the presidency Courts i.e. Calcutta, Bombay and Madras. Firstly the Arbitration Act, 1889, was enacted, which was modeled on the basis of the British Arbitration Act, 1889. The Arbitration Act, 1899 was substituted by the Arbitration Act, 1940. However, certain provisions of the Arbitration Act, 1899 and schedule of the code of civil procedure 1908 had have been incorporated in the Arbitration Act, 1940. This act of 1940 dealt with the domestic arbitration. This act for the first time provided for a uniform law arbitration throughout India. The ac of 1940 has been replaced by the arbitration and Conciliation Act, 1966. The Govt. of India decided to repeal the arbitration Act 1940 and replace it by a modern and efficient arbitration system. Thus the

7

P.V Kane , History of Dharamsutras

10

Lok Adalat

arbitration and conciliation Bill, 1995 was firstly introduced in the Rajya Sabha on 16th May 1995. After undergoing the entire procedure the bill was finally passed on 22nd July 1996 and by the Lok Sabha on 2nd August 1996. The Act of 1996 received the assent of the President on 16th August 1996.and came into force on 22nd August 1996. Since the amended Section 89 and order X (IA) of the code, through was introduced in 1999, due to wide spread opposition to the amendment from the practicing bar, it came into force from July 2002. The New Arbitration and Conciliation Act 1996 based on UNCITRAL model Law proposals of the Geneva Convention, New York Convention and the Act, 1996 also contain certain provisions of the Arbitration Act 1940. In present Act, domestic arbitration besides conciliation have been recognized with the view to settle the domestic and international commercial disputes by the alternatives means of dispute resolution. Litigation does not always lead to satisfactory results. It is expensive in terms of time and money. A case won or lost in a Court of law does not change the attitude the litigants who continue to be adversaries and go on fighting in appeals after appeals ADR system enables to change the approach of the parties. Hence, ADR is becoming very popular in India.

11

Lok Adalat

Need for ADR
ADR refers to all those methods of resolving a dispute which are alternatives for litigation in the courts. With the evolution of modern states and sophisticated legal mechanism, the courts run on very formal process and are presided over by trained adjudicators entrusted with the responsibilities of resolution of disputes on the part of the state. The seekers of the justice approach the courts of Justice. 8 They do not take the law into their own hands as they believe that hey would get Justice from the courts. It is the obligation of Judiciary to deliver quick and inexpensive justice shorn of the complexities of procedure.
8

However the reality is that it

takes a very long time to get justice through the establishedcourts system. Obviously this leads to a search for alternative complementary and supplementary mechanism to the process of the traditional civil court for inexpensive, expeditious and less cumbersome and also less stressful resolution of disputes. ADR which provided procedural flexibility saved time and money and avoided stress of a conventional trail. This system effectively reduces the work load of the court. ADR process is consensual and voluntary processes, which are chosen by the parties to the dispute. These processes are
8

Rusel on Arbitration 20th Ed . P.1

12

Lok Adalat

expeditious. ADR process is flexible which is handled and resolved through an ADR agreement. They have been employed with very encouraging results in several categories of disputes; especially civil, commercial, industrial and family disputes. ADR offers the best solution in respect of commercial disputes of an international character. ADR has become a global necessity. In recent times, methods of alternative dispute resolution have emerged as one of the most significant movement and judicial reform. Many more alternatives to the litigation have emerged. ADR is now an integral part of modern legal system.

Methods of ADR
ADR is the major alternative of Court litigation. There are different ADR mechanisms exist for resolving disputes outside the courts. The choices of ADR method largely depends on the nature of the dispute and relation to the parties. The main methods of ADR are negotiation, mediation, conciliation, arbitration, consumer forums, judicial settlement, Lok Adalat. Out of the ADR methods which are being used arbitration and conciliation and Lok Adalat also a have received legislative recognition. A brief description of various ADR methods used as follows:-

13

Lok Adalat

1. Negotiation- Negotiation is a non binding procedure in which discussions between the parties are initiated without the intervention of third party with the object of arriving at a negotiated settlement of dispute. Thus, negotiation provides quicker and effective remedy thereby safeguarding the privacy of the parties. 2. Conciliation and Mediation- Conciliation is a non-binding procedure in which an impartial third party, the conciliator assist the parties to a dispute in reaching a mutually agreed settlement of the dispute conciliation is often held to be a contractive approach which are justifiable in nature. A conciliator himself draws up the terms of an agreement for settlement after having detailed discussion with the parties to the dispute. Generally conciliation is made through a conciliator or conciliation committee. Conciliation help the parties to a dispute reach an amicable settlement. Mediation- Mediation involves act of a neutral third party to facilitate the settlement of dispute between the two contending parties. A mediator is usually take to be a person accepted by the disputants themselves and his role is to help them, he tries to persuade the parties to reach a compromise. He may see each party privately and listen to its view point and impress upon each party to understand the new point of
14

Lok Adalat

each party. His main function is to bring each parties together so that they can arrive at an agreement solution to the dispute. 3. Arbitration- Arbitration is a procedure in which the dispute is submitted to an arbitral tribunal which makes a decision (ari award) on the dispute that is binding on the parties. The main objects of arbitration are speed, economy, convenience and simplicity of procedures. Under section 1 of the Encyclopedia of the laws of England, the term arbitration means settlement of a dispute by the decision not a regular and ordinary Court of Law but one or more persons who are called arbitrators. The essence of arbitration is that some dispute is referred to y the parties for settlement to a tribunal of their own choice instead of Court.

Lok Adalat
The Indian legal system has evolved a new technique of alternative dispute resolution (ADR) which is popularly known as Lok Adalat System. Lok Adalat is a old concept. The roots of Lok Adalat can be traced back to vedic times the period of Kautilya. Gautma, Brihaspati and Yajnavalkya. These were then known as peoples Courts. Kula Court, resolution mechanism is gaining favours. Lok Adalats have gained popularity as peoples Courts The institution

15

Lok Adalat

of Lok Adalat in India, as the very name suggests, means people’s Court . “Lok” Stands for “People” and the vernacular meaning of the term “Adalat” is the Court. This system is based on Gandhian principles. It one of the components of ADR system. As the Indian Court are overburdened with the back log of cases and the regular Courts are to decide the cases involve lengthy expensive and tedious procedure. The Court take years together to settle even petty cases. Lok Adalat, therefore provides alternative resolution or devise for expedious and inexpensive Justice at the very door steps of the people. Experiment of Lok Adalat as an alternatives mode of dispute settlement has come to be accepted in India as a viable, economic, efficient and informal one. This programme has become very popular both in the rural as well as urban areas. The ancient concept of settlement of dispute through mediation, negotiation or through arbitral process known as “people” Court verdict or decision of “Nyay Panch” is conceptualized and institutionalized in the philosophy of Lok Adalat. Some people equate Lok adalat to conciliation or mediation some treat it with negotiations and arbitration. Those who find it different from all these, call it “people’s Court”. It involves people who are directly or indirectly affected by dispute resolution. The salient feature of this form of dispute resolution are participation, accommodation,

16

Lok Adalat

fairness, expectation, voluntariness, neighbourliness, transparency, efficiency and lack of animosity. Lok Adalat owes its origin to the constitutional acceptance of legal aid under Article 39-A (Part IV). It was inserted by 42nd Amendment Act 1976 which provide for “ equal justice and free legal aid by suitable legislation or scheme or in any other way to ensure that opportunities for securing Justice are not denied to any citizen by reasons of economy or other disabilities”. But even thereafter it took more than a decade that the legal Services Authority Act 1987 was enacted and enforced. It may be considered work of great relief to the litigant public in the country. Lok Adalak have worked very well and satisfactory in our country. The Lok Adalat movement initially started in Gujarat in March, 1982 and now it has been extended throughout the country. The first Lok Adalat was held on March 14, 1982 at Junagarh in Gujarat- the land of Mahatama Gandhi. Lok Adalats have been very successful in settlements of disputes- particularly motor accident claims cases matrimonial/ family disputes, labour disputes relating to public services such as an telephone electricity bank recovery and also in criminal cases so on.Lok Adalat (people’s courts), established by the government settles dispute through conciliation and compromise. The First Lok Adalat was held in Chennai in 1986. Lok Adalat accepts the cases which could
17

Lok Adalat

be settled by conciliation and compromise, and pending in the regular courts within their jurisdiction. The Lok Adalat is presided over by a sitting or retired judicial officer as the chairman, with two other members, usually a lawyer and a social worker. There is no court fee. If the case is already filed in the regular court, the fee paid will be refunded if the dispute is settled at the Lok Adalat. The procedural laws, and the Evidence Act are not strictly followed while assessing the merits of the claim by the Lok Adalat. Main condition of the Lok Adalat is that both parties in dispute should agree for settlement. The decision of the Lok Adalat is binding on the parties to the dispute and its order is capable of execution through legal process. No appeal lies against the order of the lok adalat Lok Adalat is very effective in settlement of money claims. Disputes like partition suits, damages and matrimonial cases can also be easily settled before Lok Adalat as the scope for compromise through an approach of give and take is high in these cases. Lok Adalat is a boon to the litigant public, where they can get their disputes settled fast and free of cost.

18

Lok Adalat

WHAT IS LOK ADALAT?

1.

It is a judicial institution developed by the people themselves for social justice.

2. 3. 4.

It settles litigation by negotiation, arbitration or conciliation. It is a dispute settlement agency. Lok Adalats are not alternative to the existing courts. They are only supplementary to the courts.

19

Lok Adalat

WHY LOK ADALATS?
1. Judicial justice is much despised in our country by the common man because of the ruinous cost of litigation, far too technical legal process, prolonged litigation and inordinate delay in disposal of cases. 2. This form of redressal is needed for enabling the common people to ventilate their grievances against the state agencies or against other citizens and to seek a just settlement if possible. 3. 4. There are certain definite advantages of this institution. The parties are saved from extremely technical court procedures, which are followed in a regular court. 5. They are saved from protracted litigation, anxiety, bitterness apart from the saving of expenses of court fees and other expenses, which they are likely to incur in future litigations by way of further appeal etc. 6. The organization of Lok Adalat is informal and flexible. Apart from some minimum requirements in respect of procedures and approaches, the rest of the exercise is simple and varied as the nature of the problems and the culture of the community demand.

20

Lok Adalat

7.

The following types of cases can be brought before the Lok Adalats; (a)Pre-litigation cases i.e. the disputes, which have not yet gone to the law courts. (b)Pending cases i.e. the disputes, which have already gone to the law courts.

Merits of Lok Adalat
1. There is no Court-fee and if Court fee is already paid the amount will be refundable if the dispute is settled at Lok Adalat according to rules. 2. The basic features of Lok Adalat are the procedural flexibility and speedy trail of the dispute. There is no strict application of procedural law wihile accessing the claim by Lok Adalat. 3. The parties of the dispute can directly interact with the Judge through their counsel which is no possible in regular Court of Law. 4. The award by the Lok Adalat is binding on the parties to the dispute and its order is capable of execution through legal process. No appeal lies against the order of the Lok Adalat.
21

Lok Adalat

In every respect the scheme of Lok Adalat is boon to the litigant public where they can get their disputes settled fast and free of cost.

Legislative Recognition
Lok Adalats have been given statutory recognition by Legal Services Authorities Act 1987. Pursuant to the constitutional mandate in Article 39-A of the Constitution in India, contains various provision for settlement of disputes through Lok Adalat. With the object of providing free legal aid. Govt. of India had, by a resolution dated the 26th September, 1980 appointed the “Committee for Implementing Legal aid schemes (CILAS) under the chairmanship of Mr. Justice P.N. Bhagwati. The committee prepared a draft legal aid program which could be applicable throughout India. It is on the basis of the recommendations and the draft legal aid programme which could be applicable throughout India. It is on the basis of the recommendations and the draft outlined by the committee that the Legal Services Authorities Act 1987.9 was passed to establish statutory legal services authorities. It is also contained that provision relating to Lok Adalats.

9

Received the assent of the president on Oct 11. 1987 and published in the gazette of India, Extra pt II. S. I dt . Oct 10.1987 pp- 1-12

22

Lok Adalat

This Act was finally enforced on 9th November, 1985 after certain amendments were introduced therein by the Amendment Act 1994. It provides for constitutional National Legal Services Authorities at the Central Level and the state Legal Services Authority in States. Section 19 to 22 of the Act contain provisions relating to the composition, function, jurisdiction etc. of Lok Adalats which are given statutory status and recognition under the Act. It is also contains the provisions dealing with preventive legal and services, legal literacy and para legal services which needs to be extended to the remotest areas for the benefit of the rural population. Thus the ancient concept of Lok Adalat has now statutory basis. It is an act to constitute legal services authorities to provide free and competent legal services to the weaker section of the society to ensure that opportunities for securing justice are not denied to any citizen by reasons of economic or other disabilities and to organize Lok Adalats to secure that operations of legal system promotes Justice on the basis of equal opportunity. In pursuance of the objects of the Act, Permanent Lok Adalat have been established. The system of the Lok Adalat has also been included as an ADR under Section 89 (1) of CPC by 2002 amendment.10

10

Civil Judicial Reform and ADR (2002) 6 CLA-BL-Supp.(Mag)

23

Lok Adalat

Some of the relevant sections from the Legal Authority Act, 1857 are quoted as under:Section 19 1. Central, State District and Talauk Legal Services authority has been created who are responsible for organizing adalats. 2. Conciliation for Lok Adalat compromise the following: a. A sitting or retired judicial officer b. Other persons of repute as may be prescribed by the State Govt. on Consultation with the chief Justice of High Court.

Section 20 Case can be referred for concideration of Lok Adalat as under:1. By consent of both the parties to he disputes. 2. One of the parties makes an application for reference. 3. Where the court is satisfied that the matter is an appropriate one to be taken cognizance of y the lok adalat. 4. Compromise settlement shall be guided by the principles of Justice, Equity, fair play and other legal principles.

24

Lok Adalat

5. Where no compromise has been arrived at through conciliation the matter shall be returned to the concerned Court for disposal in accordance with law. Section 21 The provision relating to settlement or award made by the Lok Adalat are contained in this section. The section provides that every award of the Lok Adalat shall be deemed to be a decree of a civil Court. Therefore, the award needs not to be referred to the Court for consent decree. The section further provide that every award made by the Lok Adalat shall be final and binding on all the parties to the dispute and there shall be no appeal against such award. In the case of P.T Thomas V.Thomas Job,11 the Supreme Court held that the award of the lo adalat is not the result if a contest on merits it is as equal and on a par with a decree on compromise and will have the same binding effect and be conclusive as decree of a Court. The Court futher held that Lok Adalat award being passed with consent of parties, no appeal shall be lie there from as provided under section 96 (3)12 CPC furthermore, the same cannot be challenged under any of the remedies available under law, including by invoking Article 226 of the constitution. The award passed by the Lok Adalat is the decision of the Court itself through
11 12

(2005) 6 SCC478 No appeal shall lie from a decree passed by the court with the consent of parties

25

Lok Adalat

arrived at b the simpler method of conciliation instead of the process of argument in Court.

Section 22 Every Proceeding of the Lok Adalat shall be deemed to be judicial proceedings for the purpose of: 1. Summoning of witnesses 2. Discovery of documents 3. Receiving evidences of Affidavits 4. Requisitioning of public record 5. such other matters as may be prescribed.

Landmark Decision of Hon’ble Delhi High
Abdul Hasan and National Legal Services Authority - Petitioner Vs. Delhi Vidyut Board and others Respondents.13 Facts of the Case - The petitioner filed a writ petition before Delhi High Court for restoration of electricity at his premises, which was disconnected by the Delhi Vidyut Board (DVB) on account of
13

Court AIR 1999 Delhi Page- 88

26

Lok Adalat

non-payment of Bill. Inter alia, the grievances of the citizens were not only confined to the DVB but also directed against the State agencies like DDA, Municipal Corporation, MTNL, GIC and other bodies, Court notices were directed to be issued to NALSA and Delhi State Legal Service Authority. Judgment Held- His lordship Hon’ble Mr. Justice Anil Dev Singh passed the order giving directions for setting up of permanent Lok Adalats. The scholarly observations of His Lordship Mr. Justice Anil Dev Singh deserve special commendations and are worthy of note. It will be profitable to reproduce the important text and abstract from this judgment, which should be an eye opener for all of us. It should also steer the conscience of all, as there is an increasing need to make Lok Adalat movement permanentfeature. Article 39 A of the Constitution of India provides for equal justice and free legal aid. It is, therefore clear that the State has been ordained to secure a legal system, which promotes justice on the basis of equal opportunity. The language of Article-39 A is

27

Lok Adalat

couched in mandatory terms. This is made more than clear by the use of the twice-occurring word “shall” in Art-39 A. It is emphasized that the legal system should be able to deliver justice expeditiously on the basis of equal opportunity and provide free legal aid to secure that opportunities for securing justice are not denied to any citizens by reasons of economic or other disabilities. It was in this context that the parliament enacted the Legal Services Authority Act-1987. The need of the hour is frantically beckoning for setting up Lok-Adalats on permanent and continuous basis. What we do today will shape our tomorrow. Lok Adalat is between an ever-burdened Court System crushing the choice under its own weight and alternative dispute resolution machinery including an inexpensive and quick dispensation of justice. The Lok Adalat and alternative dispute resolution experiment must succeed otherwise the consequence for an over burdened court system would be disastrous. The system needs to inhale the life giving oxygen of justice through the note.

28

Lok Adalat

If we closely scrutinize the contents of the decision of Delhi High Court, there has been an alarming situation of docket-explosion and the ultimately remedy is the disposal of cases through the mechanism of Lok Adalat.

Setting up of permanent Lok Adalats
The parliament amended the Legal Service Authorities Act, 1987 with the intention to constitute permanent Lok Adalats for deciding the disputes concerning ‘Public Utiity Services’. The legal services Authority (Amendment) Bil, 200214as passed by the parliaments during the budget session ending May assent on June 11, 2002. This amendment came into effect from November 9, 2002, 9th of November is celebrated every year by all legal services authorities as “Legal Services Day”. The amendment seeks to establish permanent Loks Adalats with a chairman of the status of a District Judge or an Additional Judge or even higher status Judge and two other persons with adequate experience in public utility services to adjudicate matters connected with:

14

Ins. By Act 37 of 2002 (Sec. 22A to Sec22E)

29

Lok Adalat

 Transports Services of passengers or goods by air, road and water;  Postal, telegraph or telephone service;  Supply of power, light or water to the public by any establishment;  Public conservancy or sanitation;  Services in hospital or dispensaries  Insurance Services With a primary jurisdiction upto Rs. 10 lacs with a provision that the Central Government may increase the monetary jurisdiction of Public Utility Services by amendment in the rules only and without going to the parliament. The permanent Lok Adalat will adjudicate pre-litigative disputes and its awards will be binding within the meaning of Civil Procedure Code. Thus we can say the success of Lok Adalat in India is tremendous. Lok Adalat has provided an important Juristic technology and vital tool for easy and early settlement of disputes. It has been proved to be a successful and viable national imperative and in combency, best suited for the large and higher sections of the present society and Indian System.

30

Lok Adalat

NATURE AND SCOPE OF LOK ADALAT SYSTEM
Lok Adalat means people’s court which resolves the disputes of parties by discussion, counseling, persuation and conciliation with the mutual and free consent of the parties. Lok Adalat works as supplementary to the Judicial System to reduce the mounting arrears. Lok Adalat makes voluntary settlement between parties of a dispute at pre-litigative and the post-liitgative statge.15 Under Section 19, Lok Adalat can be organized by various legal services authorities or committees16 at such intervals and places and for exercising distinct and separate jurisdiction over areas as it thinks fit. Lok Adalat have jurisdiction to determine and arrive at a compromise or settlement between the parties to a dispute in respect of any matter falling within the jurisdiction of any civil, criminal or revenue court or any tribunal constituted under any law for the time being in force in the area for which the Lok Adalat is organized. But any matter relating to an offence not compoundable
15 16

The Legal Service A uthorities Act , 1987 Section 19(5) Every state authority or district authority or the supreme court legal service authority committee or every high court legal service authority committee or legal service committee

31

Lok Adalat

under any law cannot be decided by the Adalat even if the parties involved therein agree to settle the same.17 The Parliament amended the Legal Services Authorities Act in 2002, and by this amendment, the Central Authority or every State Authority has power to establish Permanent Lok Adalat at such places and for exercising such jurisdiction in respect of one or more public utility services and for such prescribed areqa.39 According to Sec. 22A(b) “Public Utility Service” means any transport service or the carriage of passengers or goods; postal, telegraph or telephone services; supply of power, light or water to the public by any establishment; system of public conservancy or sanitation; service in hospital or dispensary; or insurance service; and include any service which may be declared to be a public utility service by Central Government or State Government. Permanent Lok Adalat also have jurisdiction to settle the compoundable criminal offences and the matter where the value of property in dispute does not exceed ten lakh rupees.18 So, the scope of Lok Adalat is very wide so as to include all types of matters except the non-compoundable criminal offences.

17

Sukhal v. State of U.P ,2002 Cr L.J (All) 1524

18

The Legal Service Authorities Act ,1987 Section 22b (1)

32

Lok Adalat

STRUCTURE AND PROCEDURE OF LOK ADALAT
There are two kinds of Lok Adalat (i) Lok Adalat (ii) Permanent Lok Adalats. Under Section 19(2), Every Lok Adalat organized for an area shall consist of such number of (a) serving or retired judicial officer and (b) other reputed persons as prescribed by the concerned authority. Every Permanent Lok Adalat established for an area shall consist of (a) a person who is, or has been, a district judge or additional district judge or has held judicial office higher in rank than that of a district judge, shall be the chairman of the Permanent Lok Adalat; and (b) two other persons having adequate experience in public utility service to be nominated by the Central Government or by the State Government. The disputes can be referred to Lok Adalat by mutual consent of parties or at the request of one of the parties or by the court suo motu where the court is satisfied that the matter is an appropriate one to be taken cognizance by the Lok Adalat. However, as per the proviso of Section 20, any reference of dispute to Lok Adalat will be invalid if the parties are not heard in the matter. Lok Adalat cannot take cognizance of the case unless it

33

Lok Adalat

gives a reasonable opportunity to the parties of dispute.19 A dispute may be referred to the Permanent Lok Adalat on the application of any party to dispute for the settlement of dispute and after such application no party to that application can invoke jurisdiction of any court in the same dispute. Lok Adalat settle the disputes on the basis of compromise and conciliation between the parties and if the parties fail to arrive at any amicable settlement, then the case is either returned to court of law or the parties are advised to seek remedy in a court of law. While, if disputes are not settled in the Permanent Lok Adalat, then it can decide the disputes on the basis of merit. The Lok Adalats or Permanent Lok Adalats shall be guided by the principles of natural justice, objectivity, fair play, equity and other principles of justice. These adalats are not bound to follow the Civil Procedure Code and the Indian Evidence Act. amicable settlement, then the case is either returned to court of law or the parties are advised to seek remedy in a court of law. While, if disputes are not settled in the Permanent Lok Adalat, then it can decide the disputes on the basis of merit. The Lok Adalats or Permanent Lok Adalats shall be guided by the principles of natural

19

The Legal Service Authorities Act ,1987 Section 22C

34

Lok Adalat

A Lok Adalat or Permanent Lok Adalat shall be deemed to be a civil court.20 Every Lok Adalat or Permanent Lok Adalat enjoys the same power as that of a Civil Court in summoning and enforcing the attendance of any witness; examining him on oath; reception of evidence on affidavits; requisition of any public record or document or copy thereof from any court or office and in all other matter prescribed under the rules. Every award of Lok Adalat or Permanent Lok Adalat shall be final and binding on all the parties to the disputes and the award shall be deemed to be decree of Civil Court. 21 The award of Lok Adalat is an order by the Lok Adalat under the consent of the parties, therefore, an appeal shall not lie from the award of the Lok Adalats. 22

20

The Legal Service Authorities Act ,1987 Section 22(2)

21

Commissioner of Karnataka State Public Instruction (education) v. Simpi , AIR 2001 Kant 504
22

The Legal Service Authorities Act ,1987 Section 22

35

Lok Adalat

GOAL OF LOK ADALAT: MEASURES FOR ITS ACHIEVEMENT
There is a Latin maxim that “interest reipublicae ut sit finish litimus” it is the interest of the State that there should be an end of law suits. The concept of Lok Adalat is based upon to achieve this goal. In Lok Adalat the cases are decided on the basis of amicable settlement. Settlement by compromise ends litigation. A Lok Adalat is a rustic tribunal based on the concept of village panchayat. Most of the litigation in our Court is rural. A judicial system based on common law and strict rules of procedure is not common law and strict rules of procedure is not suited to our primitive rural society. Therefore a different system is needed. The concept of Lok Adalat derives from this requirement. Lengthy procedure and healthy life of litigation also contribute to develop something different from ordinary law Courts. As nomenclature denotes it is a Court of ordinary masses where a litigant can express his grievances by open mind, without hesitation and directly to the Court. It is something different from Court of law. It aims towards conciliation between confliction interest and justice. When conciliation fails a Lok Adalat is not empowered to adjudicate the matter except in case of public utility
36

Lok Adalat

services. Therefore the scope of Lok Adalat is limited to cases when parties are at settlement and have resolved their disputes. In our civil and criminal procedural law there is an effective provision for compounding of offences and compromise of cases. The parties can very well settle their disputes and end the litigation in regular Courts. When there is a provision for compromise and Courts generally accept the compromise application, then what is the need to constitute another forum or compromise? The answer is that a settlement between the parties takes place on the basis of positive advice and good counseling which can not be possible in regular Courts. Therefore a different tribunal is needed in which the pedestal of high office does not appear and the parties are able to express their mind and the person behind the bench can also reciprocate the same. With the above object a social worker and advocates are also included in the Bench. In order to achieve a fruitful result of the concept of Lok Adalat, a pragmatic provision u/S. 89 C.P.C. have been included in which a duty is canst upon the Court to formulate the terms of settlement and after observation, the Court refer the same of arbitration, conciliation, judicial settlement through Lok Adalat or mediation. Although our judicial machinery is very keen to achieve the high graph of figures of case settled in Lok Adalat but even then the system is not providing good results. The regular Courts send a
37

Lok Adalat

number of cases to the Lok Adalat but only few are settled. In most of the case litigants are absent in the Court or sometimes one party may come but other party may not come. Some times both the parties are present but their counsel may not be present. According to section 8 of the scheme of Lok Adalat, in Madhya Pradesh the sitting of Lok Adalat are held only on holidays or Sundays. In holidays and Sundays most of the lawyers are busy with their clients. Only for one case it is inconvenient for them to come to the Court on holidays therefore mostly they do not turn up. In that situation it will only be a coming and going affairs of the judicial officers. The above circumstances frustrate the purpose of Lok Adalat. Section 21 (1) of the Legal Services Authorities Act also provide for refund of Court fees in cases settled in Lok Adalat. Even then the results is not encouraging. Sometimes the parties are ready to compromise before the regular Courts but the cases are adjourned to put the case before the Lok Adalat to provide the benefit of refund of Court fees or to achieve the high graph of cases settled in the Lok Adalat. It seems that presently the concept of Lok Adalat is in a primitive stage and require a new imagination to meet the above situation. Therefore we must explore the reasons behind its unsuccessfulness and try to eradicate it.

Scheme relating to Civil Cases
38

Lok Adalat

(1)

Every civil case is to be presented before that

designated Lok Adalat according to the amended provisions of C.P.C. The Lok Adalat may follow the procedure provided in order 1 to 10 C.P.C. relating to parties of suit, frame of suit, institution of suits, service of summons, pleadings, plaint, written statement, consequence of appearance and non appearance of parties and examination of parties. (2) On first date when case is presented before the Lok

Adalat, the plaintiff may be asked about what is his expectation or on” what term he would be able to compromise the case. His answer is to be recorded, which may be useful for future negotiations with the defendant. (3) The plaintiff should pay the process fees and file the

copy of plaint according to the number of defendants with the filling of plaint. The plaintiff shall also file all the documents. The Court may issue a summons with a copy of plaint to the defendant. When the defendant appear and file the written statement and the documents, the Court shall examine both the parties as per the provisions of Order X Rule (2) C.P.C. This provision is mandatory but are not being followed in all cases. Rule (2) & (3) are important for present purpose which reads as follows:2. (1) At the first hearing of the suit, the Court – s

39

Lok Adalat

(a) shall, with a view to elucidating matters in controversy in the suit, examine orally such of the parties to the suit appearing in person or present in Court, as it deems fit; and (b) may orally examine any person, able to answer any material question relating to the suit, by whom any party appearing in person or present relating to the suit, by whom any party appearing in person or present in Court or his pleader is accompanied. (2) At any subsequent hearing, the Court may orally examine any party appearing in person or present in Court, or any person, able to answer any material question relating to the suit, by whom such party or his pleader is accompanied. (3) The Court may, if it thinks fit, put in the course of an examination under this rule question suggested by either party. 3. The substance of the examination shall be reduced to writing by the Judge, and shall form part of the record. The examination of parties is much more important to the Lok Adalats. By examining the parties a Lok Adalat would be able to know the real facts of the dispute. At this stage the pleadings and documents have been filed. On the basis of pleadings and documents the question asked by the Judge must disclose the facts which may not be in the pleadings and documents. The questions

40

Lok Adalat

may be asked to explore the possibility of settlement which may be extended to the question ns not relating to the case or totally irrelevant with the case. After recording the statement, the Lok Adalat may conversant with the parties and their pleaders about possible settlement. At this juncture the counselors of the Lok Adalat may make an effort to convince the parties and help them in making decision. Keeping in view the pleadings, documents, statements and observation of the parties, the Lok Adalat may formulate the terms of compromise. It may give them to the parties for their observation and after receiving the observation of the parties the Lok Adalat may reformulate the terms of a possible settlement. The Court may invite the proposed compromise from both the parties. If both the party reach at some settlement it may pass an award which may be signed by both the parties and binding on them. In order to arrive at some settlement the Court may postpone the proceeding for future date but the case should not be adjourned for more than three dates.

Scheme regarding criminal cases
(1) After framing the charge the criminal Court may transfer all the compundable criminal case to the Lok Adalat. In compoundable cases the charge is to be framed on the first date after filing of challan.

41

Lok Adalat

(2)

The Lok Adalat shall issue a summons to the

complainant or any other person who is competent to compromise the case. When the complainant come before the Court he may be asked to state the realities of incident any may also be asked whether he is ready for compromise. At this juncture the Court, advocates and counselors of the Lok Adalat may negotiate with the parties about composition. If the parties are ready to compromise, the Lok Adalat shall acquit the accused from the charge (3) If even after a sincere effort the Court is of opinion that

the composition is not possible, the Court shall send the record of the case with accused, complainant and other witnesses present in the Court, to the Court having jurisdiction for trial on the same day. If it is possible for the trial Court, it shall record the statement of the complainant and other witnesses on same day otherwise fix another date and proceed according to law. The above some scheme increases the burden of Lok Adalat. The successfulness of the scheme depends much more on the competency of presiding Judge of the Lok Adalat. His personality and legal knowledge play an important role in the process of settlement. His judicious advice reduce the passion of parties and the fighting parties may come down and a settlement may be possible. Therefore the services of high caliber Judges are

42

Lok Adalat

required. So the good and experienced Judges of the district may be deputed to the designated Lok Adalats.

Exclusion of other person from the bench of Lok Adalats
Section 19 of the Legal Services Authorities Act and the scheme of Lok Adalat made u/S. 4(b) of the Act, provides that the bench of Lok Adalat shall comprise (i) a sitting or retried judicial officer, (ii) a member of legal profession and (iii) a social worker preferable woman. These private persons have been included in the bench of Lok Adalat with a view to provide a considered and justified advice to the litigants so that they become able to resolve their dispute. Their position cannot be said to be more than as a counselor. The settlement or compromise between the parties is justified or not is a matter which may be decided by the judicial authority. The private member can play no role in this regard. The services of private persons are no longer required for decision of a case. Therefore there is no need to include them as member of bench instead they can be included as a counselor of the Lok Adalat.

General
(1) The counseling and compounding process shall be held in open Court with the help of parties, their counsels, social workers, eminent persons or other law knowing persons.

43

Lok Adalat

(2)

So many criminal cases be compounded if adequate

compensation are given to aggrieved party. The civil dispute may also be settled by paying money to the losing party, therefore a Lok Adalat may consider about the quantum of compensation which may be awarded to the aggrieved party in civil and criminal cases. A number of claim cases and cases u/S. 138 Negotiable Instrument Act be compromised by negotiations with the parties about quantum of compensation. (3) In maintenance cases u/S. 125 CrPC and cases relating

to cruelty u/s. 498 A IPC, the counseling and conciliation proceedings be held in Camera. In case of failure of settlement the Court shall record the real cause of dispute between husband and wife which may be considered during trial. (4) In other cases also if conciliation or settlement fails, a

Lok Adalat shall record the cause of dispute and reasons for its failure, while deciding the case the trial Court shall take it into account.

Required legislative changes to implement the scheme:
(1) The implementation of above scheme require that a Lok Adalat function parallel to the ordinary Courts. If there is mandatory provision that every case is to be presented before a

44

Lok Adalat

Lok Adalat then it require a regular sitting. Therefore the provision regarding holidays sitting must be deleted. (2) Section 89 has been inserted in CPC in the year 1999

but even after passes of 6-7 years no Courts are referring the cases to other institutions. A person come before the Court for adjudication or settlement of his dispute. It is not justified to delegate this job to some other forum. People may not trust upon them. Therefore the provision regarding reference of cases become redundant. The above scheme provides for presentation of cases directly to the designated Lok Adalat and it also provide the formulation of terms of settlement by the Lok Adalat itself. The idea of formulation of terms of compromise by the Lok Adalat is important. It provides clues to the litigants to reach at a settlement. But as stated above, it is not good if the terms of compromise are made by the trial Court. Therefore, in the light of above scheme and reasons stated above, the whole provision of section 89 become inapplicable and be deleted. (3) In the year 1999 when Section 89 has been inserted in

CPC, simultaneously Rule 1A, 1B, 1C has also been included in Order 10 CPC which provides for the direction of the Court to parties to opt either mode of the settlement outside the Court as specified in sub-section (1) of Section 89. These provisions also provides for fixing of dates of appearance before such forum. But
45

Lok Adalat

in view of the above scheme these provisions are no longer required, therefore the provisions under Order 10 Rule 1-A, 1-B, 1-C be also deleted. (4) The above scheme provides for presentation of civil

cases before designated Lok Adalat. The Lok Adalat shall try to conciliate the matter and if it is not possible to settle the dispute it may transfer the case having jurisdiction to try the case. The above scheme require legislative change in CPC and in the Legal Service Authorities Act. (5) The above scheme provides of transfer of

compoundable cases to designated Lok Adalat after framing of charge. Therefore a provision be made in CrPC which makes necessary to frame the charge in all compoundable cases on 1st date after filling of challan and transfer of all compoundable cases to designated Lok Adalat. (6) Section 498-A IPC be included in the list of offences

mentioned in Section 320 (2) Cr.P.C (7) A change is needed in Section 19 of the Legal Services

Authorities Act not to include other persons as a member of bench. A provision be made to utilize their services as counselor of Lok Adalat.

46

Lok Adalat

(8)

One other thing is also important Section 19 provides

that a retired judicial officer may also be included in the bench of Lok Adalat. The aim of Lok Adalat is to settle the matter by convincing the parties. A retired Judge may not have a deep impact over the parties to settle the matter. Although the may have a long experience to decide the cases but because he is a retired person it may be possible that the parties may not concurrent with his opinion and views. His physical and mental fitness is also important. Therefore the word “or retired judicial officers” be deleted in Section 19(2) of the Legal Service Authorities Act. (9) In the above scheme the cases are to be presented

before a Lok Adalat and are to be presented before a Lok Adalat and are to be decided by mutual consent, therefore the provisions under Order 1 to 10 CPC as far as possible. be applicable to these decisions regarding production of documents, examinations of witnesses, adjournments and issuance of commission in certain cases where the circumstances of the case require so far. (10) Section 19 & 20 of the Legal Services Authorities Act provides for organization of Lok Adalat and cognizance of cases by it. The implementation of above scheme require a change in the organization of Lok Adalat and cognizance by it. Therefore a change in Section 19 & 20 (1) (2) of the Legal Services Authorities Act is required.
47

Lok Adalat

(11) The offence u/S. 498 A IPC arises due to distortion in marital relation of the parties. Sometimes their dispute is resolved and they live together, in that situation a Lok Adalat should be empowered to record the compromise even after statement of the complainant and other witnesses or at any stage of trial. (12) Under the above scheme to examination of parties by Lok Adalat is required to know the real facts of the case and settlement. Under Order X Rule 2 (1) (a) C.P.C. this examination is necessary with a view to elucidating matter in controversy, therefore under Order Rule 2 (1) (a) after words “with a view to” the words “know the real facts of the case an settlement or” be inserted.

Scheme regarding pre trial litigation
Section 19 (5) (2) of the Legal Services Authorities Act provides that a Lok Adalat have also jurisdiction in a matter which have not come before a Court. It means that a person may come before a Lok Adalat even before filing a suit. In the Legal Services Authorities Act and the scheme of Lok Adalat made there under prescribes no procedure for pre trial litigation. Regarding pre trial litigation a Lok Adalat may adopt following procedure. If a person come before a Lok Adalat with out filing a suit. It may examine him about his grievance. It may require to file all the

48

Lok Adalat

documents. If the Lok Adalat think that there is a prima-fact case to call the opposite party it may summons the defendant to appear in person and file all the documents. When he appears, the court shall examine him. After examining both the parties, the Court find out what is the dispute between the parties and on what point it may be resolved. If both the parties agree and settle their dispute the Court shall pass an award accordingly which is binding on them. If even after a sincere effort, the dispute is not possible to be resolved it may advice “the parties to go to the proper Court for seeking remedies or give them the correct advice that how they can resolve their dispute and what are their rights and liabilities.

Scheme relating to pending cases
All the pending cases in which the written statement has been filed are to be send to the Lok Adalat. The Lok Adalat shall examine both the parties as per the provisions or Order 10 CPC with a view to find out the possibility of settlement. With the help of pleadings, documents and statement of both parties or other persons, the Lok Adalat shall formulate the terms of compromise and hand over them to the parties for their observation. The presiding judge and the private members of the Lok Adalat may take active part in negotiations between the parties. They may be helpful to give a correct advice about the rights and liabilities of the parties and pro and cons of the proposed settlement. They may
49

Lok Adalat

also advice the parties as to what they may get after adjudication and much or less, what they are getting by the proposed settlement. If the parties agrees, the Lok Adalat may pass an award which may be signed by the parties and binding on them otherwise if they do not come at any settlement. It may send the record of the case to the concerned Court and direct the parties to appear before it. The concerned Court may proceed from the stage from which the case has been sent to the Lok Adalat. Although the above scheme is a drastic one it transfers the original jurisdiction of civil Court from ordinary law Court to the Lok Adalat, but in the scheme, a Lok Adalat would also governed by rules prescribed in Orders 1 to 10. It shall also follow the other relevant rules of C.P.C. The designated Lok Adalat is also presided by a judicial member, therefore, there is no change in transferring the jurisdiction. From presentation of suit till examination of parties under Order 10, the procedure followed by the Lok Adalat would be the same as followed by the ordinary law Courts. One thing is included in the mid of journey of case, as provided in Section 89 CPC, the Lok Adalat should formulate the terms of compromise and try to settle the dispute. If it fails it may refer the case to the Court having jurisdiction. Therefore the scheme provide no change in the process of trial and create no hardship in implementing it. Some formal
50

Lok Adalat

legislative changes are required which may be possible to reduce the graph of 2 crore cases pending in subordinate Courts of the country. It certainly change the present adversary system of administration of justice. The need of the hour is to constitute a regular conciliation Court which may function parallel to the ordinary Courts. The spirit of the above scheme is to involve the concept of Lok Adalat in a real sense and a Lok Adalat would become a Court of public n its reality.

51

Lok Adalat

CONSTITUTION OF LOK ADALATS
The Legal Service Authorities Act, 1987 (Act No.39 of 1987) is indeed a prospective and prosperous enactment constituted for the first time in 1987 – after a lapse of more than three decades after our country got its Constitution – constituting legal services authorities at Central and State and District levels to provide free and competent legal services to the weaker sections of the society, to ensure that opportunities for seeking justice are not denied to any citizen of this country by reason of economic or other disabilities and to organize Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity, as adumbrated in the preamble of the Act. As a mater of fact, Art. 39-A of our Constitution directs under Part-IV that the State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity an shall, in particular, provide free legal aid by suitable legislation or scheme or in any other way to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. This Article was, of course, not there right from 1950 but it was substituted in 1976 by Constitution (Forty Fourth Amendment) Act with effect from 3-1-1977. Of course to some extent, such a protection is guaranteed under Art. 21 a Fundamental right in PartII of the Constitution for an accused in a criminal case, laying
52

Lok Adalat

down that No person shall be deprived of his life or personal liberty except according to procedure established by law’. Interpreting this Article, Supreme Court of India held consistently right from 1974 onwards that an accused person, at least where the charge is of an offence punishable with imprisonment, is entitled to be offered legal aid, if he is too poor to afford Counsel. Further, the Counsel for the accused must be given sufficient time and facility for preparing the defense. Breach of these safeguards of fair trial would invalidate trial, and conviction even if the accused did not ask for legal aid (AIR 1974 SC 1143 and AIR 1986 SC 991 an 1997 (9) S.C. 622 (367). 2. But, till Act No. 39 of 1987 enacted there is no scope for the poor and drown trodden to get any legal assistance worth the name in civil matters. Though Lok Adalat are being constituted at various places before 1987, they did not attain more value than voluntary and conciliatory agency without any statutory backing or support for its decision, though it had proved to be very popular in providing for a speedier system of administration of justice. 3. This Act No.39 of 1987 has been enacted with a view to circumvent the avails and drawbacks, which the earlier Lok Adalats faced in having no statutory sanction for the awards passed and that too in respect of civil matters only. This Act defines in sub-clause (e) of Sec. 2 Legal Services as meaning ‘the
53

Lok Adalat

reading of any service in the conduct of any case or other legal proceeding before any Court or other authority or tribunal and the giving of advice on any legal matters’. If this definition is correctly understood in its true perspective, each and every dispute, may it perspective, each and every dispute, may it be civil or criminal or matters before any authority constituted under any Act, like Motor Vehicles Act, Industrial Disputes Act, Shops and Establishments Act, Consumer Protection Act etc., shall come within the four corners of this Act. This definition to the proceedings before judicial as well as quasi-judicial bodies and before any civil or criminal Court or other authority or Tribunal. As I understand, all disputes relating to not only in between a citizen and other citizen but also a citizen and the state may it be civil or criminal including their service matters – come within the purview of this definition Sec.2(e) ‘Legal Services’. In this context, it is useful to refer to Sec.25 of the Act, which gives overriding effect in unequivocal terms. “The provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act”. The jurisdiction of Lok Adalat is spoken to in sub-section (5) of Sec.19, which is as follows:

54

Lok Adalat

“A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to dispute in respect of; (i) (ii) any case pending before; or any matter which is falling within the jurisdiction of and is not brought before any Court for which Lok Adalat is organized. 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”. From the above section, it is clearly expounded that all ‘disputes’ (civil, quasi-civil, criminal and quasi-criminal) come within the purview of the definition clause sec.2(c) and sec.19(5), the only prohibition being in respect of offences, which are not compoundable under any law. 3. So, in pending matters, the parties can request the Court, in which the case is pending, to refer the same to the Lok Adalat under Sec.20 (1) (a) and (b). Under sub section (2) of Sec.20, the Authority or the committee organizing Lok Adalat under sub-section (1) of Sec.19 may on receipt an application from any one of the parties to any matter referred to in sub-clause (ii) o sub-section (5) of Sec.19, refer the

55

Lok Adalat

matter to the Lok Adalat for determination after giving notice of the same to the other parties thereafter. The Lok Adalat shall proceed to dispose of the case or matter referred to an arrive at a compromise or settlement between the parties, as provided under sub-section (3) Sec.20, basing its award on the principles of justice, equity and fair play and other legal principles. In pre-litigation matters, the Lok Adalat shall advice the parties under Sec.20 (6) to seek remedy if Court, if no settlement or compromise could be arrived at between the parities. Thereupon, the applicant shall be entitled legal services under the Act, if he come within any of the conditions laid down Sec.12 of the Act and, if the concerned Authority is satisfied that such person has a prima facie case to prosecute or to defend and after taking an agreement from him under Regulation 27.

56

Lok Adalat

Benefits many
The benefits that litigants derive through the Lok Adalat are many. First, there is no court fee and even if the case is already filed in the regular court, the fee paid will be refunded if the dispute is settled at the Lok Adalat. Secondly there is no strict application of the procedural laws and the Evidence Act while assessing the merits of the claim by the Lok Adalat. The parties to the disputes though represented by their advocate can interact with the Lok Adalat judge directly and explain their stand in the dispute and the reasons therefor, which is not possible in a regular court of law. Thirdly, disputes can be brought before the Lok Adalat directly instead of going to a regular court first and then to the Lok Adalat. The most vital benefit under the said Act is that the decision of the Lok Adalat is binding on the parties to the dispute and its order is capable of execution through legal process. No appeal lies against the order of the Lok Adalat whereas in the regular law courts there is always a scope to appeal to the higher forum on the decision of the trial court, which causes delay in the settlement of the dispute finally. The reason being that in a regular court decision is that of the court but in Lok Adalat it is mutual settlement and hence no case for appeal will arise. In every respect the scheme of Lok Adalat is a boon to the litigant public, where they can get their disputes settled fast and free of cost.
57

Lok Adalat

Though the Lak Adalat lends itself to easy settlement of money claims there is scope for settlement of other disputes as well. Partition suits, damages and matrimonial cases can be easily settled before Lok Adalat as the scope for compromise through an approach of give and take is high in these cases. The nationalised banks and other financial institutions are the biggest litigants in all the civil courts throughout the country. The overdues from the bank borrowers exceed Rs. 60,000 crores, of which a substantial number of cases relate to small borrowers. However, for the reasons best known to them the banks do not utilise the Lok Adalat scheme liberally. Likewise the state-owned transport corporation should take earnest steps to settle the motor accident cases through the Lok Adalat. But it is learnt that the transport corporations are not willing to settle the cases before the Lok Adalat, since it involves payment of money immediately. Disposal of a case through a regular court of law not only involves higher expenditure but also delay. Generally the litigants are anxious to settle the disputes as early as possible. If the parties to a dispute are apprised of the legal position they may agree to settle it amicably.

Lok Adalats to settle 250,000 cases in Punjab, Haryana

58

Lok Adalat

Chandigarh, Oct 12 (IANS) Special 'Lok Adalats' (public courts) to be held for two days in December this year across Punjab, Haryana and the union territory of Chandigarh are targeting to dispose off over 250,000 cases pending under the jurisdiction of the Punjab and Haryana High Court here, an official said. The first-ever mega Lok Adalats, which have been christened 'Samadhan-2008', will be held at several places in both states Dec 20 and 21. The initiative for the mega disposal of cases has come from the new Chief Justice of the High Court, Justice Tirath Singh Thakur, who joined this High Court in August this year. Hundreds of judges and law officers under the jurisdiction of the High Court are working over time to make the mega Lok Adalats a success. Even trainee judicial officers in both the states have been engaged by the High Court to help in sorting out pending cases in various categories. The High Court has a pendency of over 260,000 law cases - some of them dating back to 1950s. 'Officials from both states and Chandigarh should cooperate for the disposal of maximum number of cases at this event. Departments concerned should coordinate with legal services authorities and
59

Lok Adalat

make maximum people aware about these,' Justice Thakur told a meeting of judicial officers and officials of both states here last week. The Punjab state legal services authority (PSLSA) officials said that the special campaign was aimed at disposing off pending civil and compoundable cases. Various cases would be taken up during the mega Lok Adalats for on the spot settlement, said Punjab's chief secretary Ramesh Inder Singh. Cases under Punjab Tenancy Act, Land Revenue Act, Punjab Village Common Land Acts, Public Premises Ejectment Act, Northern India Canal and Drainage Act, Revenue cases, partition and mutation proceedings, Land Acquisition Act and compensation disputes, Cooperative Societies Act and recovery proceedings, Election petitions and matters pending before the executive authorities under various relevant laws relating to urban and rural local bodies, Excise and Taxation cases, cases under Electricity Act and Motor Vehicles Accident claims would be taken up at the mega Lok Adalats.

60

Lok Adalat

The Punjab and the Haryana governments have issued directions to officials of all departments concerned to list pending cases category-wise so that these can be disposed off. The Punjab chief secretary urged litigants and their counsels for full participation and cooperation during the mega Lok Adalats so that their cases could be settled on the spot and justice could be delivered at the earliest. 'The total number of litigants and counsels at various places will run into thousands on both days of the mega event,' a law officer at the high court said here. Haryana last year had become the first state in the country to have a mobile court in a remote and backward area in the Jhajjar district of the state. Punjab followed with its first mobile court in Talwara area of Hoshiarpur district a few months later.

61

Lok Adalat

THE CHALLENGE TO THE DECISION OF THE LOK ADALATS
This paper seeks to examine the question that given that the award of the Lok Adalat is treated as final and not appealable, will there be no remedy if the Lok Adalat acts beyond its jurisdiction like if it passes an award without compromise, or if the matte id decided by it in violation of the principles of natural justice, or passes an ward without considering the statutory duty put upon it to keep in mind the principles of fair play, justice, equity and other legal principles i.e. is the power of the Lok Adalat absolute or are there remedies under certain circumstances?

Petitions under Articles 226 and 227 of the Constitution of India
“The slogan of speedy justice has to accomplish a laudable object. It should not be misused so as to scuttle the process of law or to do injustice. This is why, an award to be passed by the Lok Adalat, in terms of sub section (4) of section 19 is required not only to conform to law but should be guided by principles of justice, equity, fair play and legal principle”23

23

Dolkar v. Sonam Yoongjor, (2001) 1 J&K JR 29

62

Lok Adalat

Where the Lok Adalat has exceeded its jurisdiction by adjudicating and arriving at a decision without a compromise or by violating the principles of natural justice, petitions under Articles 226 and 227 of the Constitution of India have been allowed by the courts to strike down such orders of the Lok Adalats as being null and void and without jurisdiction. So as where the decision has been obtained by fraud or collusion, to the prejudice of one party. A Lok Adalat award is akin to a consent decree and it has been observed that a consent decree can definitely be interfered with if the same is the result of fraud and misrepresentation or such like factor.24

Arguments for disallowing challenges to awards of lok adalats
On the one hand it has been held that the correctness of a decision of a Lok Adalat, being skin to a compromise decree and having been passed with the consent of the parties, cannot be challenged by any of the regular remedies available under the law, including the remedies under Article 226.25 In General Manager, Karnataka State Road Transport Corporation v. Pandu26, it has been observed, that if the courts
24

Kesar Singh v. Balbir Singh , 2005 ACJ 1831 Supra to footnote 11
1997 AIHC 2081

25

26

63

Lok Adalat

were to insist in all the cases for finding out as to whether the compromise arrived at is just and reasonable or that the agreement is otherwise tainted with doubt, etc. the very purpose of conducting the Lok Adalat would be defeated.

Arguments for allowing challenges to awards of Lok Adalats
“Lok Adalas are constituted under the Legal Services Authorities Act. The Lok Adalats are not meant to bring down the pendency of cases somehow. The Lok Adalats are bound to follow the principles of natural justice, equity, fair play and other legal principles. If the disputes are not really settled, it will impair image of the Legal Services Authority and will affect its credibility. The public will lose their faith and confidence in the system itself.27 Actus Crriae Neminem Gravabit, the Latin Maxim, says that the act of a court shall prejudice no man. In United India Insurance Co. Ltd. V. Patramma28 it was held that an interference with the award of a Lok Adalat for compensation may be allowed if it is demonstrated that the amount was absolutely perverse.

27

Krishnakumari v. Venugopal, 2005(2)HLT 185 1995 Lab IC 2354 64

28

Lok Adalat

In Krishna kumari v. Venugopal 29 the terms of a settlement between the Husband and the wife, provided for a monthly maintenance for the minor children and provided that it was not revisable at all. The court found this to be highly detrimental to the children. The settlement that was entered into at the Lok Adalat was challenged by the wife through a writ petition, alleging that it was obtained by a misrepresentation of facts and also that the terms of the settlement were totally impractical. The award was set aside on the grounds that it was unreasonable and there was no application of mind by the Lok Adalat in the passing of the award. The court also found that there was no real consent 21 of the wife to the agreement on the ground that it was highly detrimental to the minor children. The court observed that the Lok Adalat shall not take advantage of ignorance of a party and close their eyes to the legal effect of the term of settlement. In Krishna Mohan Shukla v. Union of India30, which was a case relating to the disbursement of compensation for the victims of the Bhopal Gal Leak, the Supreme Court allowed the persons aggrieved by the compensation by the Lok Adalats, to appeal and file for review of the same before the authority specified by the court.
29

In

Commr..

Kant.

State

Instruction

v.

Nirupadi

30

Supra to foot note 27 20005 AIR SCW 415 65

Lok Adalat

Virbhadrappa Shiva31 while commenting on section 21(2), the Karnataka High Court has observed: “The power of judicial review in a given case is implicit under the Constitution unless expressly excluded by a provision of the Constitution. This power is available to correct any order passed by a statutory authority which is violative of any of the provisions of the statuette. The Lok Adalat is a creation of statute and gets jurisdiction from it and hence this Court is competent to go into an order passed by it, to decide whether the order in question is valid in law. The writ jurisdiction of the High Court cannot be circumscribed by provisions of any enactment as is to be found in Sec. 21 of the Act and it can always exercise its jurisdiction if an order, left alone, would amount to abrogating the Rule of law”. Where the jurisdiction of the Civil Court is excluded by statue, it does not imply that the jurisdiction of the High Courts to issue prerogative writs is also excluded. That is a constitutional power and cannot be restricted by statute. The court went on to observe: “…the Lok Adalat had done its utmost to give effect to the first part of sub-clause (4) in disposing of the reference with utmost expendition, but regrettably has given a complete go-by to
31

AIR 2001 Kant 504 : 2001 AIR-Kant HCR

66

Lok Adalat

the latter part of the clause which enjoins on it a duty to be guided by the principles of justice, equity and fair play… the resultant award is hopelessly without jurisdiction and contravenes the principles of justice, equity and fair-play.” If the Lok Adalat passes an order that is violative of Section 20(4) then it is clearly violating the statute, of which it is a creation. Hence such exercise can be checked by the High Court in the exercise of its jurisdiction. It is clear from the above decision that if the award of the Lok Adalat is in violation of the statutory provisions, then a writ would lie for quashing its decision. In Moni Mathai v. The Federal Bank Ltd.32, a writ petition was filed for quashing an award of a Lok Adalat. The proceeding before the Lok Adalat commenced when the first respondent-Bank had filed a request before the district Authority stating that the Bank had granted a term loan of Rs. 7,19,000/- to the first petitioner who had not repaid installments. No notice whatsoever was issued to the petitioners on the application filed by the first respondent by the District Authority. In pursuance of the application by the bank a Lok Adalat was held for determining the dispute. The petitioners as well as the officer of the first respondents signed a compromise. Neither the petitioners nor the Bank were represented by Advocates. Based on that compromise
32

AIR 2003 Ker 164

67

Lok Adalat

petition, an ward was passed by a Bench of the Lok Adalat presided over by the Sub ordinate Judge and an Advocate member. By the terms of the compromise award, the petitioner had agreed to repay the entire loan amount together with interest thereon till the date of payment. Going by the terms of the award the court held that the petitioners who were debtors have no gain or advantage by arriving at such a compromise and that it was very difficult to believe petitioners about the legal consequences of the terms of settlement. Further the court held that the petitioner had been misled by the bank as the first petitioner had taken the loan along with the second and third petitioners who were co-obligants. However in the letter written by the bank to the district authority, the name of only one petitioner had been mentioned throughout in the singular. There was a clear violation of the mandatory provisions of the act. There was no notice issued to the petitioners so as to give them an opportunity to put forward their case the opportunity of being heard as required by S. 20(2) was not given. There was a violation of provisions of the Kerala State Legal Services Authority Regulations also. The petitioners were also not made aware of the terms of the settlement. The court found that the award was against the principles of fair play.

68

Lok Adalat

Rejecting an argument against the maintainability of the petition in view of the bar contained in Section 21(2) the court held that “When there is patent illegality, error of law or error of jurisdiction, the High Court can interfere with the decision of an inferior Tribunal. If there is violation of fundamental right or violation of any act or Rules or violation of the principles of natural justice also the Court can interfere with the award passed by the Lok Adalat under Article 226 of the Constitution of India”. Hence considering all the above together, the award of the Lok Adalat was quashed. The court made the following observations: “I feel it is the duty of this Court to remind the various committees constituted under the Legal Services Authorities Act the need to follow the procedure prescribed under the Act, rules and Regulations strictly. The Lok Adalats are also bound to follow the principles of natural justice, equity, fair play and other legal principles. Had the Committee taken care to issue notice to the petitioners and obtain a written statement containing their version and placed the same before the Lok Adalat al these unfortunate disputes could have been avoided. The Lok Adalats shall also not forget that their duty is not to dispose of cases some how but settle cases amicably”.

69

Lok Adalat

It has been held that the Lok Adalat is a court within the meaning of section 2(aaa) and that the proceedings before it are ‘legal proceedigns’33 In State of Maharashtra v. Marwanjee F. Desai34 it has been held that where the authority has been given the power to summon witnesses, enforce their attendance and examine them on oath, and to order the discovery and production of documents, the nature of the proceedings are quasi judicial. Now, a writ of cedrtiorair lies to quash the decision of a subordinate court where it is found that the subordinate court has acted without jurisdiction, or in excess of its jurisdiction by overstepping or crossing the limits of jurisdiction, or in flagrant disregard of law or the rules of procedure or in violation of principles of natural justice where there is no procedure specified, an thereby occasioning failure of justice. Thus it is clear that where the Lok Adalats act in disregard of the duty imposed upon them by section 20(4) of the LSA thereby causing a violation of statute which has created the Lok Adalats, it is clear that the Lok Adalat has acted in flagrant disregard of the law and hence a writ would lie to quash the decision. Also, where there is a violation of the principles of natural justice or the Lok Adalat has acted without
33 34

A.Ahmed Pasha v. C.Gulnaz Jabeen , AIR 2001 Kant 412 AIR 2002 SC 456

70

Lok Adalat

the application of mind, the right under Article 14 has been violated and the decision is arbitrary and hence if a decision of the Lok Adalat is violative of the Fundamental Rights, a writ a certiorari will definitely lie. In Ujjam Bai v. State of U.P.35, it has been held that a writ of certiorari lies where quasi judicial proceedings have violated the fundamental rights. Also, in Nagendra Nath Bora v. Commr. of Hills division Assam36, it has been held that the writ of certiorari lies to challenges the decisions of judicial tribunals where such tribunals have violated the statutory provisions. Similarly in Harbans Lal v. Jagmohan saran37, it has been held that where the decision of a subordinate court or an inferior tribunal suffers from a manifest or apparent error of law, a writ of certiorari would lie against such a decision. The usage of the work ‘shall’ in section 20(4) shows that the parameters imposed for consideration by the Lok Adalats are intended to be mandatory. In Mewa Singh v. Shiromani Gurdwara Prabandhak Committee38 it has been held that where a creation of statute acts in violation of statute, a writ would lie to quash such a
35 36

AIR 1962 SC 1621 AIR 1958 SC 398 AIR 1986 SC 302 AIR 1999 SC 688

37 38

71

Lok Adalat

decision. The Lok Adalat is the creation of statute and hence it is strictly bound by the statutory provisions and a violation of the statute will make it amenable to the writ jurisdiction of the High Court. Hence if the parameters under section 20(4) are not followed, there will be a breach of the statute and the writ jurisdiction comes into the picture. Hence, it is clear that whether the Lok Adalat is considered as a ‘subordinate court’ or a tribunal, a writ of certiorari would lie to quash such award of the Lok Adalat, where it is flagrant breach of statutory provisions or fundamental rights and causing injustice.

Appeals
Section 21(2) declares that the decision of the Lok Adalat shall be final and that no appeal shall lie from such a decision. This is akin to section 96(3) of the CPC which provides that there shall be no appeal from a compromise decree.39

Conclusion
Drawing the support from above discussion that the ADR helps in reducing the work load of Courts and thereby helps them
39

Supra to foot note 11

72

Lok Adalat

focus attention on other cases. It is true that the Lok Adalat System is the unique ray of hope to unburden our judicial system from too much law and too much technicalities. There are many benefits to parties of dispute if they settle their dispute through Lok Adalats. Firstly, justice is provided quickly because of non strict application of Civil Procedure code and Indian Evidence Act. Secondly, the dispute can be referred to Lok Adalat at pre-litigative as well as post litigative stage. Thirdly, there is no court fee if dispute is settled by Lok Adalat at pre litigative stage and if fee paid in the regular court then entire court fee is refundable if the dispute is resolved by Lok Adalat. Fourthly, litigation ordinarily comes to an end if settled in Lok Adalat because there is no scope of review, appeal and revision. And above all the main advantages is that after getting their matters settled, the litigants leave such adalats with no ill feeling of the others which ultimately leads to happiness and well being of the society. Lok Adalat, a mechanism for alternative dispute resolution, is proving effective for resolving disputes in a sprit of conciliation outside the court. In India 18, 695, 934 cases has been settled in 4, 98, 154 Lok Adalats held till December 2005. However, there is need to include more matters on which the Lok Adalats could settle the disputes like cyber crime, money laundering, matters relating to education system, taxation, intellectual property rights,
73

Lok Adalat

environment, business disputes and also the disputes relating to other public issues. The Lok Adalat should be given the power to decide cases if the parties fail to arrive at any compromise or settlement. There should be adequate publicity of the Lok Adalats and their success in mass media so that people may believe in this system of administration of justice.

74