Producers for seeking legal redress through judicial courts are both long and enormously complicated, and also involve considerable expenses. It is because of this that several different and newer ways of setting disputes both quickly and inexpensively have come up. One such method is the Lok Adalat.
Lok adalats were initially started and encouraged by a few judges of the Supreme Court of India, as a way of promoting the voluntary settlement of disputes inexpensively and expeditiously. The Lok Adalats have since received statutory status under an enactment of the Parliament called the Legal Services Authorities Act 1987.
This composite act covers legal aid, Lok Adalats and legal assistance services. The twin institution are intended to secure the operation of the legal system in order to promote social justice, particularly for the weaker sections of society who, because of economic and other disabilities, cannot afford the costs of delays involved in normal court procedures.
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If an ordinary person is forced to fight for justice against a corporation, insurance company, a big company, or a government undertaking, the fight is always an unequal one. In most cases, an individual cannot afford proper legal services whereas corporations can retain the services of some of the best legal practitioners.
Sometimes other court expenses are so heavy that they constrain an individual litigant. Moreover, technical procedures become more complex, adjournments increase and costs continue to rise. It was against this backdrop that the act providing for the formation of Lok Adalats was passed.
The Act provides that state or district authorities will organise Lok Adalats from time to time at convenient places and the adalats will exercise such jurisdiction in that area as the state or district authorities confer upon them.
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If further says that Lok Adalats will consists of judicial officers of the area and such other members who possess certain qualifications and experience as may be prescribed by the state.
The jurisdiction of Lok Adalats is very wide. They can determine and arrive at compromises or settlements between the parties to disputes in respect of any matter falling within the jurisdiction of civil. Criminal or revenue courts or tribunals.
A case can go before the Lok Adalat if the parties concerned make a joint application to the court or Tribunal indicating their intention to compromises or to arrive at settlement. In that case, the Presiding Officer of Tribunal, instead of proceeding with the case, orders that the proceedings be transferred to the Lok Adalat for arriving at a compromise / settlement.
The Act itself provides that the Lok Adalat will determine the proceedings before it and will act with utmost expediency in arriving at a compromise / settlement between the parties, and that the Lok Adalats are to be guided by legal principles and principles of justice, equity and fair play.
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If no compromise / settlement is arrived at between the parties in the Lok Adalats, the matter is again transferred to the court from which it was referred originally.
The award of the Lok Adalat can be enforced in law as it is deemed to be a decree of a civil court or tribunal and such award to avoid further costs, expenses and delay. No appeal has been provided from such an award to any court.
The Lok Adalats has been given the powers to civil court under the Civil Procedure Code while trying disputes and the proceedings before the Adalat are deemed to be the proceedings of a court as provided in Indian Penal Code.
The Supreme Court and High Courts have held Lok Adalats and continue to do so from time to time where cases pending before them are transferred by the consent of the parties. Large number of cases has been decided by Lok Adalats.
The awards given by Lok Adalats are made the decree of the respective courts. Such Lok Adalats are now being held by various government departments such as the Electricity Boards, the Tele[hone Department etc.
If properly used, Lok Adalats can be a useful institution. Though they cannot act as a substitute for the law courts, yet if thoughtfully constituted and run, they can become a welcome additional arm for the existing judicial system. Like any other courts and tribunals, such Adalats can also be abused by the parties / lawyers / authorities / politicians.