Lok Adalat in India Aperture to Speedy Justice

I. Introduction

Peace is the utmost necessity in a society but as we all know that the courts are being overburdened by cases of disputes or conflicts which creates an imbalance in the society. So at this hour the society needs to introduce an alternative mechanism which is speedy and pocket friendly at the same time. Many countries use alternative methods to get rid of the burden of cases in their judicial courts, likewise India also has an alternative method which has been enshrined at the grass root level and helps to resolve the conflicts by reaching to a compromise.³ This alternative mechanism of ADR is called Lok Adalat. As the name suggests Lok Adalat is “People’s Court”⁴, an alternative to the judicial courts which help the parties to reach at a stage of settlement without putting any pressure on them. This is the one of the best methods to get out of the chain of lawyers, court, court fee etc. These days methods like conciliation, mediation, negotiation are used to avoid litigation that is why there have been some amendments in the Indian law to incorporate these methods so that poor section can get justice incurring little expenses.⁵

As the backlog of cases are increasing in the courts, it must be admitted that in the coming resulting years our judicial system may crash but to avoid such a situation alternative dispute mechanisms are incorporated which ultimately lightens the burden of courts.⁶ But the burden of courts slows down the process of justice delivery system. Also this hinders our economic and social growth. The rise in the pending cases can turn into a havoc and so to ensure whether the justice is being accessed by all the sections of the society, efforts are also being done at provincial levels.⁷

II. Historical aspect of lok adalat in india

Origin References

Alternative Dispute Resolution has its impression in the Indian history even before the British regime. The concept of Lok Adalat existed back in the last few centuries before independence and particularly during the British regime. Like zero hour, Lok Adalat is also an important contribution of the Indian legal system to the world jurisprudence. These methods were practiced as a tradition in India at the grass root level, and these are called Panchayat, legally is known as arbitration. Lok Adalat trace its origin to the ancient times where the disputes were reffered to the Panchayats in the villages and were solved through arbitration. In old times, the Panchayats used to resolve the disputes by reaching to a stage of compromise and these were lead by the older members of the society or “mohalla”, the elder members of the family or any learned personality. Experience shows that this method is the most appropriate one to deal with the Indian ethos but the Lok Adalat faced a deathblow when the Britishers introduced royal courts in place of local courts. The backlog of the cases in courts made it necessary for the rejuvenation of Lok Adalat all over again which has its great contribution to the world jurisprudence.⁸

In our country Lok Adalats have worked satisfactorily. Camps of Lok Adalat were initially organized in Gujrat in 1982 and now it has been a widespread movement throughout our country. The first Lok Adalat camp was held at Junagarh in Gujrat and also Maharashtra commenced Lok Nyayalaya in 1984. The first Lok Adakat was held in Chennai in 1984. Soon this programme was adopted by several states such as Bihar, Haryana, Karnataka etc. The evolution of this movement aimed at providing a major relief to the overburdened courts and a relief to the litigants in the queue to get justice.

Legal Recognition of Lok Adalats

With the 42^nd amendment in the constitution in the year 1976. Article 39-A⁹ was inserted which requires the state to ensure that the legal system promotes justice on the basis of equal opportunity, and in particular provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. As this system is based on the Gandhian principles so was added in the DPSP’S in the 42^nd amendment. The amendment was introduced to regain the trust of the public in justice and help the poor and the ones who are not ‘ legal literate’. The advent of Legal Services Authority Act, 1987 gave a more prominent statutory status Lok Adalats. It contains various provisions to settle disputes through Lok Adalat. The act mandates to provide free and competent legal services to the weaker sections of the society and secure that justice is not denied to any citizen.¹⁰ The act also mandates the promotion of justice on the basis of equal opportunities.

The Lok Adalat has been given statutory status¹¹ under the Legal Services Authorities Act, 1987. Chapter 4 of the act from sections 19 to 22 mentions about Lok Adalat. Under the said Act, the award¹² made by the Lok Adalat is deemed to be the decree of a civil court and is final and binding on all parties and no appeal lies before any court against its award but they are free to initiate litigation by approaching the court appropriate jurisdiction by filing a case by following the required procedure, in exercise of their right to litigate. Lok Adalat is a forum where the disputes pending in the courts or at pre-litigation stage are compromised amicably.

This system incurs zero court fee to the parties infact if the dispute is settled in the court which was still pending in the court of law, the actual court fee paid previously is reimbursed to the party is is literally a boon of this method.

The persons deciding the case are known as Members of Lok Adalat, their role is of statutory conciliators as they have no judicial role so they cannot pressurize the paties to reach at a compromise. Rather they patiently helps the parties to settle the matter.

• The Lok Adalat consists of a chairman, 2 members and a social worker.
• The chairman must be a sitting or a retired judge.
• The other members should be lawyers except the social worker.

The main aim of this system is to reach amicable resolutions which means the matter should not be decided or pressurized rather the parties should come to a compromise and the members of Adalat should be fair and impartial so that the cordial relations are maintained.

Nature of cases to be referred to Lok Adalat

Section 20 of the act¹³ refers to the cognizance of cases referred by Lok Adalat:

1. Any case pending before any court.

2. Any dispute which has not been brought before any court and is likely to be filed before the court

Provided that any matter which is non compoundable¹⁴ shall not be entertained in Lok Adalat.

So it widens the scope of cases to be entertained in Lok Adalat as all kinds of civil cases as well as compoundable criminal cases finds place for resolution in Lok Adalat which ultimately shifts the court’s burden to the Adalat. Mutation of land cases, compoundable criminal offences, family disputes, encroachment on forest lands, land acquisition disputes, motor accident claims and cases which are not sub- judice are some major types of cases dealt in Lok Adalats.

Jurisdiction of Lok Adalat

As per section 18(1)¹⁵ of the Act, a Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of –

(1) Any case pending before; or

(2) Any matter which is falling within the jurisdiction of, and is not brought before, any court for which the Lok Adalat is organised.

Provided that the Lok Adalat shall have no jurisdiction in respect of matters relating to divorce or matters relating to an offence not compoundable under any law.¹⁶

Levels of Lok Adalat

• At State Authority level
• At High Court level
• At District level
• At Taluk level

In all of these Lok Adalats, the Member Secretary of State legal services authority, Member Secretary of High Court legal services committee, Member Secretary of District legal services authority and the Member Secretary of Taluk legal services committee would constitute benches of the Lok Adalat comprising of a sitting or a retired judicial officer both or any one of them. a person from legal profession and a social worker who actively participates in the upliftment of the weaker sections of the society,or anyone engaged in paralegal exercises of the area.

The different levels of Lok Adalat ensure that justice is being accessed by every single person from rural area till the urban area. This guarantees that the conflict among the paties is nibbed from the bud be it at taluk level or high court.

Types of Lok Adalat

• NATIONAL LOK ADALAT: From February 2015 national Lok Adalats are being held at regular intervals where on a single day these are held throughout the country, in all the courts from supreme court till taluk level where the disputes are settled in huge number.
• PERMANENT LOK ADALAT: Permanent Lok Adalats are organized under section 22-B of the act. ¹⁷ these are the permanent bodies with a Chairman and 2 members for providing pre- litigative mechanism for the settlement of cases relating to Public Utility Services like transport, postal, telegraph,etc. The jurisdiction of this Adalat is upto Rs. 10 lakhs. If the parties fail to reach a compromise then the permanent Lok Adalat has the jurisdiction to decide the case. The award is final and binding on the parties. The Lok Adalat my take into account circumstances of the case, wishes of the parties like requests to hear oral speedy selltlement of disputes.
• MOBILE LOK ADALATS: These are also organized in various parts of the country which travel from one location to another to ease the process of resolution of disputes.

On 30^th September 2015, more than 15.14¹⁸ lakhs Lok Adalats are organized in our country from its inception. Also more than 8 crores cases has been dispensed with the help of this mechanism.

The levels and types of the Lok Adalats ascertains the main attribute of Lok Adalats i.e. the speedy resolution of the disputes and that every section of the society is not pissed by the slow procedure of overburdened courts.

Powers of Lok Adalat

The section 22 of the Legal Authorities Act, 1987 mentions about the powers of the LokAdalats:

• These courts have same powers as the civil courts and is governed under the CPC.¹⁹
• Power to summon and call the attendance of a witness
• Power to receive evidence or call for any documents related to the case
• The Adalat has the power to follow its own procedure for the resolution of any dispute
• The proceedings of this Adalat is considered as judicial proceedings

Procedure at Lok Adalat

• The parties must file the case or atleast mention the case verbally in the court.
• Any one of the parties may file an application of the matter in the Adalat and court after hearing the parties, if there is any chance of compromise refer the case to Lok Adalat.
• Then with the principles of justice and equality, the dispute is settles in the Adalat without putting any pressure on the parties
• If the matter is not compromised the dispute returned to the court

The best thing in the procedure of the Lok Adalat is that there is no strict rule to follow the main procedural laws like CPC²⁰ and evidence act.²¹ This helps in keeping the proceedings as raw as possible with an informal touch because here the parties are encouraged to deal directly with the judge rather involving lawyers like in the courts where the poor section of the society in courts falls in a debt trap paying the court fee or satisfying the high paid lawyers.

III. Lok adalat and speedier justice

As referred to a full detailed functioning of the Lok Adalats, it is but sure that this system is a boon to the country because of the its inexpensive, effective, speedy and affordable justice to the public. Referring to the data collected, it statistically shows how Lok Adalats have unburdened the courts in few years.

• The SLSA²² are organizing Lok Adalats on daily, fortnightly, monthly basis which has fastened the process of dispute resolution
• Data from the NALSA²³ show that Lok Adalats organised across the country from 2016 to 2020 disposed of 52,46,415 cases.
• Similarly, National Lok Adalats (NLAS) organised under the aegis of NALSA settle an enormous number of cases across the country during a single day. For example, NLAs conducted on February 8, 2020, disposed of 11,99,575 cases. From 2016 to 2020, NLAs have disposed of a complete of 2,93,19,675 cases.
• As per the National Judicial Data Grid, 16.9% of all cases in district and taluka courts are three to 5 years old; for top Courts, 20.4% of all cases are five to 10 years old, and over 17% are 10-20 years old. As per data from NALSA, subject matter-specific NLAs were organised in 2015 and 2016 on a monthly basis. Therefore, each NLA addressed a selected sort of dispute on one day or monthly.
• However, from 2017, this practice was discontinued. Thereafter, Each NLA has been handling all kinds of cases on one day. This was done to reduce the costs of organising the NLAS, and more importantly, to permit parties more negotiation time. But this, in turn, led to a big drop by the amount of cases settled.
• In 2015, the typical number of cases settled per NLA was 18,30,940, which decreased to 10,81,174 in 2017, but rose to 11,75,939 in 2018, and 13,23,319 cases in 2019.

This shows that the sudden fall in cases was efficiently dealt by the Lok Adalat in the subsequent years.

In 2020 the whole world faced COVID-19 crisis which resulted in the shupdown of everything that involved physical meetings. To beat the challenge posed by the pandemic, e- Lok Adalats were organized both that state and national levels.

However, the primary national e-Lok Adalat was conducted both physically and virtually using videoconferencing tools, and it disposed of 10,42,816 cases. But this was less than the average of cases settled cases in 2017, 2018, and 2019. This happened because of a sudden situation that shook the whole world.

In the current year i.e. 2021 NLA conducted on 9/11, 2021, disposed the typical number of cases is 15,33,186 cases which means dispensation of quite a huge number of cases.²⁴

The data stated above shows how efficient is this alternative method though there were circumstances where the disputes settled were dipped from the average no. of cases dispensed.

IV. Merits of lok adalat

1. NO COURT FEE - To begin with, there is no court cost, and if the case has already been filed in a regular court, the fee paid will be repaid if the disagreement is resolved at the Lok Adalat. This ensures the basic necessity of the poor sections of the society that is getting justice absolutely free of cost.

2. PEACE IN THE SOCIETY - The method has won accolades from all parties involved, as well as the general public and legal professionals. It also aids in the emergence of peace jurisprudence in the bigger interest of justice and wider public good. Parts. Its procedure is voluntary, and it is based on the idea that both parties are in benefit. Parties to a dispute are willing to work out an amicable solution to their conflict. Disputes can be resolved in a simpler, faster, and less expensive manner using this approach. Pre-litigation, pending-litigation, and post-litigation can all be done in an efficient manner. This approach basically results in a well balanced society.

3. CONVINIENT -The overall impact of the Lok Adalat system is that the disputants sit across the table and settle their differences through conciliation in the presence of Lok Adalat Judges, who would advise them on technical legal issues. This method acts as an advantage because of its convenient characteristic as all the sections of the society irrespective of their financial status can approach to Lok Adalat and its procedure is also flexible. Also the Adalats are conducted in the language suitable to the parties just to meet the convenience level of the public.

4. REDUCES THE BURDEN ON COURT -The strategy also assists the overloaded Court in alleviating the burden of case arrears, and because the award is final and binding on both parties, no appeal is filed in the Appellate Court, reducing the Appellate Court's burden in the hierarchy. The plan benefits not only the parties, but also the overcrowded Courts in achieving the Constitutional goal of expeditious case resolution. Around 90% of cases filed in developed countries are settled amicably through conciliation, mediation, and other means, with only 10% of cases being adjudicated by courts.²⁵ In contrast to industrialised countries, our developing country has a large number of judges disproportionate to the number of cases submitted, making it difficult to reduce the backlog of cases. In some circumstances, the Lok Adalat is a need and a boost in Lok Adalats will ultimately result in reducing the burden on courts.

5. PROBLEMS CAN BE STRAIGHT REFFERED TO LOK ADALATS : Instead of going to a regular court first and then to the Lok Adalat, disputes can be taken directly to the Lok Adalat

6. MAINTENANCE OF CORDIAL RELATIONSHIPS: Due to the amicable resolution of disputes there is no pressure on the parties rather the dispute comes to a settlement peacefully will maintains the cordial relationships and there occurs no issues between them.

V. Demerits of lok adalat

1. SPEEDY JUSTICE COMPROMISING QUALITY JUSTICE: Justice denied if it is delayed, but justice buried if it is rushed. Faster justice comes at the cost of a lower settlement, and the petitioner had no time to seek the higher sum that he rightfully deserved, as witnessed in many cases after which the highest court instructed Lok Adalat to be careful not to infringe on the rights of any party involved in the case. Faster and simpler justice must not come at the cost of injustice, which is one of Lok Adalat’s drawbacks. Justice done in a rush may turn out as a bad decision because in some cases time should be devoted to dig deep into the case.

2. LIMITED JURISDICTION: The lok adalat does not have jurisdiction over all instances. Lok adalat is all about reaching an agreement and making a compromise, which isn’t necessary in every circumstance. In most cases in India, punishment and correctional techniques are required, which are not covered by lok adalat. These cases frequently fail here and are then referred to the courts. This would merely result in unnecessary postponing of legal processes, which are sometimes required as soon as possible. The limited jurisdisdiction poses as a disadvantage to the lok adalats.

3. INVOLVES BASIC EXPENSES: The Lok Adalat was established to expedite the resolution of disputes, but in practise, the number of cases brought before the Lok Adalat is far greater than anticipated, and parties may have spent significant sums on attorneys’ fees and other extraneous charges. The majority of cases brought before the Lok Adalat are not between living people, but rather between living people and non-living people. For example, situations involving Motor Vehicle Accident Claims, telephone bills, and the Electricity Board, among others the area who meet certain standards and have relevant expertise. The poor have to pay to the lawyers the basic amount which disproves the fact that this method is free of cost.

4. ADDS TO THE BACKLOG IF DISPUTE NOT RESOLVED: However, due to lack of training, these officers are typically unable to persuade the parties to reach an agreeable conclusion. The system of Lok Adalats has a key disadvantage in that it is mostly predicated on compromise or settlement between the parties. If the parties are unable to reach an agreement, the case is either returned to the court of law or the parties are encouraged to seek relief in court. This adds to the time it takes for justice to be served. One of the main purpose of Lok Adalat i.e. to reduce the burden of the courts becomes difficult if the cases are not resolved in the Lok Adalat itself.

5. CASES FACED BY THE LOK ADALAT -In fact, Lok Adalat was established to expedite the resolution of disputes, but in practise, the number of cases brought before the Lok Adalat took longer than expected, and parties may have paid significant sums in the form of legal fees. Court costs, attorneys’ fees, and other miscellaneous costs

6. NO ACTIVE ROLE OF THE CONCILIATORS: The Presiding Officers not to Act as facilitator but act as Judges. The presiding officers of Lok Adalat are chosen from retired judicial judges and others in the area who meet certain standards and have relevant expertise. However, in most cases, theseOfficers are unable to persuade parties to resolve issues in a timely manner since they are not trained members, they must behave in an amicable manner. The ethos of the court is similar to that of adversarial hearings, and it seeks to act similarly. He’s on the court, but he’s not playing an active rule; instead, he’s playing a passive rule. He is completely oblivious to the fact that he is merely a facilitator, not a judge who makes decisions. Other members in charge of LokAdalat do not naturally fall into Lok Adalat members.

7. TECHNICAL MATTERS AND OTHER MATTERS: The Lok Adalat does not attempt to resolve technical issues, and other cases such as partition, partnership, trust, contracts, and easements, as well as other family problems, are often not dealt with by Lok Adalats. This limits the scope of cases to be dealt in Lok Adalats.

VI. Lok adalat: a critical analysis

Lok Adalat is currently regarded as one of the most effective Alternative Dispute Resolution Systems. Lok Adalat, like any other system, has a number of advantages.It is also afflicted with a few ailments. “Justice delayed is justice denied,” as the saying goes. denied, but rushed justice is justice buried.” The higher judiciary has taken this into consideration. In many of its rulings, the court directed that the Lok Sabha proceedings be completed as quickly as possible. Any party's right should not be harmed by Adalat.²⁶ The lawyers are sometimes reluctant to refer the matter for settlement in Lok Adalat or the parties may put pressure on their lawyer to follow the rigorous rules.

“The equitable interests of the parties cannot be surrendered in the name of rapid resolution of disputes,” the High Court stated, “especially when the petitioners engaged are juveniles, insane, and disabled.” The Hon'ble Chief Justice Mr. S. R. Bannurmath observed the following drawback of LokAdalat in a case before the Kerala High Court: "However, the major drawback in the existing scheme of organisation of the LokAdalat under Chapter VI of the Legal Services Authorities Act is that the system of LokAdalat is primarily based on compromise or settlement between the parties”. If the parties are unable to reach an agreement, the case is either returned to the court of law or the parties are encouraged to seek relief in court. This adds to the time it takes for justice to be served. This problem can be addressed to a large extent if LokAdalat has given power to decide cases on merits if parties fail to reach a compromise or settlement.” ²⁷

This defect however is removed in the Permanent LokAdalat. Furthermore, the forum of LokAdalat consisting of judicial persons and legal professional, confuse their role as judges to facilitate speedy justice and assume LokAdalat as a regular judicial forum.

Over 3.7 million, or around 10% of the 37.7 million cases before high courts, district and taluka courts across India, have remained pending for over a decade, according to NJDG , which monitors the performance of courts nationally.

As many as over 4.7 million cases are pending before 25 high courts across the country. Out of them, over 920,000 cases, or 19.26%, have been pending for over 10 years and 158,000 (3.3%) for more than 20 years and 46,754 for three decades or more.²⁸

The data above reveals that there has not been any relief to the burden of courts in the matter of pendency of cases, ironically the main aim of establishment of the Lok Adalats were to lighten the burden but it seems like they have not served their purpose fully yet.

VII. Suggestions for effective lok adalat implementation

1. Legal literacy and legal assistance programmes should be expanded to include the poor and uninformed by holding awareness camps at the grass-roots level, in addition to the mass media such as newspapers and television. Televisions and radios can also be useful in this situation.

2. To make it more useful, the relevant Legal Services Authority or Committee should: communicate information to the public about the Lok Adalats that it holds, and As a result, success will be attained in providing quick, equitable, and low-cost justice.

3. The quality of legal assistance offered by lawyers and advocates has to be improved.

Lawyers' remunerations from legal services authorities should be reviewed and improved in order to motivate them to provide competent legal assistance to those in need.

3. It is suggested that new law provisions allowing for Lok Adalats are needed. Lok Adalat brings justice to the people.

4. The Lok Adalat Movement can only be a success when people voluntarily participates in the functioning Adalats, this can be accomplished only when the traditional courts stop involving the jurisdiction of trifle matters.

The suggestions presented are on the basis of the disadvantages that are posed by Lok Adalat. Implementation of these suggestions by the appropriate authorities will surely curb Lok Adalat’s way to an absolute go to remedy for the purpose of dispute resolution for majority of the Indian population who averts the traditional court trips. By the execution of some of these suggestions will ensure reduction in the court’s pending cases. Hopefully then, the Indian judicial system would improve to a great extent. Like the other nations, with the help of an improved version of this alternative which is the most appropriate one and fits best in the Indian environment, our judicial system would nomore be on overburdened institution and will ultimately reassure the trust in justice of the majority of public in India.

VIII. Conclusion

The Legal Service Authority Act of 1987, which establishes the Lok Adalat for expeditious legal services, For the Indian judicial system, early resolution of disputes between parties is a boon. The majority of India's illiterate people seeks justice in a regular court. unfavourable to both the parties and the courts as a whole, on which an amicable settlement could be reached. The courts are overburdened, and the court procedure is inefficient. It is costly, ineffectual, and time-consuming. In light of the current state of affairs in society and the disparity in economic conditions among its citizens, an effective and robust legal service for the poor and needy is required. The Lok Adalat system is no longer a fresh addition to India's legal system; it has become an integral element of the Indian legal system, and now is the time to bring topics that do not fall under Lok Adalat’s jurisdiction or domain. It is high time for legislators, jurists, attorneys, and judges to assist in the modification of the current Lok Adalat model law to cover areas such as business disputes or conflicts involving the general public, as well as situations involving the government in some way. It will go a long way towards boosting our democratic values and the rule of law.

Lok Adalat's operation appears to be both fruitful and successful, having achieved the goals for which it was created. Lok Adalat's overall performance and accomplishments look to be commendable, but not outstanding. As a result, in the current setting, there is a need to strengthen the Lok Adalat system, which will help to fully implement the Constitutional goals of "equal and social justice." As a result, it will be beneficial in regaining public faith in the judiciary. So, in a nutshell we have already observed the powers, functioning and procedure of this alternative method for dispute resolution hence it can be said that Lok Adalats have a wide scope in providing justice to the weaker section of the society. This is a commendable contribution to the world’s jurisprudence and this method can be proved beneficial in other nations as well which shall ultimately boost their game of dispute resolution.

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