Open Access Research Article
LOK ADALATS – SETTLEMENTS OUTSIDE THE COURTS, IN THE AMBIT OF LAW
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Article Details
LOK ADALATS – SETTLEMENTS OUTSIDE
THE COURTS, IN THE AMBIT OF LAW
AUTHORED BY -: SUYASHI VINIT
BBA.LLB(H), 3rd
Semester
Amity Law School,
Amity University, Patna
Abstract
Lok Adalat plays a significant role in the legal system as primarily the
lessen the burden of cases in the
court system. They (awards) hold the same legal validity as a decree of civil
court. Supreme Court on several
occasion has highlighted the role and importance of the Lok Adalat and supports
for more of the establishments of
Lok Adalat. The Lok Adalat are regulated through the NALSA (Lok Adalat) Regulations, 2009.
Introduction
Lok Adalat are bodies that resolve disputes arising between the parties.
It can be considered as a phenomena
which is at pre litigation stage. The purpose of establishing these Lok Adalat
were majorly to lessen the burden
in the courts of law. They have been entitled as a statutory body under the
Legal Services Authority Act,1987.
Compromises or settlements are made through the Lok Adalat and its decision is final and binding upon the
parties. It requires no fees in its registration. It can be considered as a
boon, both in the perspective of the courts
and over the parties.
The first Lok Adalat was held in Una, Gujarat (1982). When the COVID-19
pandemics hit the world, the e-Lok Adalat was introduced in the state of Chattisgarh for the very first time.
Composition and Segmentation of Lok Adalat
Basically, the Lok Adalat can be
divided in following levels-:
·
State Authority Level
·
High Court
Level
·
District Level
·
Taluka Level
The bench of these levels, are headed by either retired justice or
serving or retired judicial officer (depending
upon their level) along with a social worker, member of legal professional and
a mediator. The members
deciding the cases of Lok Adalats have no judicial role. They do not
have the authority to direct or force any of the parties.
They can only help in resolution of cases when both the parties are ready
to compromise or settle.
Lok Adalat –
bodies that lessen the burden of courts
Lok Adalat have been established to lower the pressure of cases in the
courts, through settlements at
pre-litigation stage. But what needs to be noted here is that such resolutions
cannot be produced as references in
the court by the advocates. This means that the settlements made in Lok Adalat are individually efficient but
cannot be binding upon other similar cases. And therefore, for the similar
kind of cases, the settlements can vary depending upon the parties.
Also,
the members of the Lok Adalat cannot disclose the proceedings or any
information in relation to the
proceedings of the Lok Adalat, except when such information is necessary for enforcement of the awards (section 18 of
The National Legal Services Authority Regulations,2009). Which means the proceedings of Lok Adalat are very confidential
and it can hold relation as every single case
is resolved uniquely because for similar cases the settlement conditions can vary.
Matters
dealt in Lok Adalat
Any case which is pending before the court can be referred in Lok Adalat.
But such cases need to be
compoundable. Cases at pre litigation stage, which means that such cases have
still not come in the courts, can
also be brought in Lok Adalat. A pending case before a court can also be
brought in Lok Adalat if both
the parties agree upon it
and wats the settlement in Lok Adalat.
Divorce cases and related matters cannot be brought in the Lok Adalat.
Also, the criminal cases which are non-compoundable cannot be
brought in Lok Adalat.
Some Judgements that highlighted Lok Adalat
1.
S.
S. Bola vs. B. D. Sardana – Supreme Court in this case held the importance of
Lok Adalat and its significance in
lowering the burden on regular court system. The judgement emphasized the need for more of the promotion and
establishment of Lok Adalat.
2.
State
of Punjab and Ors. vs. Jalour Singh and Ors. (2008) – In this case the Supreme Court emphasized the importance of Lok
Adalat and that its decisions hold the legal
sanctity as of decree passed by the civil courts. It once again
highlighted the significant role played by the Lok Adalat in the lowering of burden
in courts.
Permanent Lok Adalat
Permanent Lok Adalat have been introduced under Section 22-B of The Legal Services
Authorities Act, 1987.
Permanent Lok Adalat have been established permanently with a Chairman
and two members for doing pre-litigative mechanism for conciliation and settlement of cases relating
to Public Utility
Services like transport,
telegraph etc.
If parties are unable to resolve the disputes, the Permanent Lok Adalat
can resolve disputes (only that it
should not be non-compoundable). Also, the award assigned by Permanent Lok
Adalat is final and binding on the parties.
Its jurisdiction is up to Rs.
One Crore.
References
https://nalsa.gov.in/lok-adalat quora.com
The National Legal Services Regulations, 2009
Article Information
LOK ADALATS – SETTLEMENTS OUTSIDE THE COURTS, IN THE AMBIT OF LAW
Authors: SUYASHI VINIT
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/03/27
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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