LOK ADALAT

PROJECT BY:

NAME: Mukul Rathore

COURSE: B.A.LL. B (Hons.)

ROLL NO: 1742

SEMESTER: 6th

SUBMITTED TO:

Mr. Hrishikesh Manu

Assistant Professor of Law

A FINAL DRAFT SUBMITTED FOR THE PARTIAL FULFILMENT OF THE COURSE
ALTERNATE DISPUTE RESOLUTION FOR THE DEGREE OF B.A.LL. B

MAY 2020

CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR,

MITHAPUR, PATNA – 800001
 INTRODUCTION
Lok Adalat means people’s court in contrast to the regular law courts established by the
government. The formulation of Lok Adalat first took place in the year 1982. In a country like
India, where millions of people co-exist together, provision of relief becomes important. Despite
the fact that the judicial system in India is well organised with high level of integrity, the law
courts are confronted with problems.

India has to be a venue for international arbitrations. New trends in litigation, such as those
related to intellectual property rights, cybercrimes, environment, money laundering, competition,
telecom, taxation, international arbitration and so on need expertise. This could be possible only
by providing proper training to the judges of Lok Adalat. Establishing separate, permanent and
continuous Lok Adalat for government departments, statutory authorities and public sector
undertakings for disposal of pending cases as well as disputes at pre-litigation stage, which is not
yet done. Though this measure is thought to been taken up by the NALSA in the year 1998 but
yet not implemented. So, the same must be brought into picture as soon as possible. Moreover,
there has to be more creation of awareness to Legal Aid Schemes and programmes under it. Lok
Adalat are certainly a big boon to the present judicial system. However, lots of work needs to be
done in this sphere. More discipline must be brought into the present system. For instance, since
December 2005, over 2000 applications have been filed with the Lok Adalat of the Andaman and
Nicobar Islands. Less than 100 cases have been disposed of till date. The claims filed with the
Lok Adalat pertain to inadequate compensation for loss of crop, land, livestock, boats and
ancillary equipment, life, disability and small-scale businesses. Also, the relief packages are
being interpreted contrary to the spirit of the law, depriving most poor people of basic means of
sustenance to restore their livelihood17. Also, the ambit of the Lok Adalat must be widened for
speedier disposal of more cases. I am also of the view that the provision of consent must be done
away with if the matter is a perfect case to be referred to the Lok Adalat. Such a step will bring in
more disputes to the Lok Adalat for the speedy disposal of the matter. Finally, the awards of the
Lok Adalat’s must be given precedent value for similar disputes brought forward in the Lok
Adalat. It is because the awards given by the Lok Adalat are final and in nature as no appeal may
be preferred against such an award. Therefore, it is humbly submitted that if such steps are taken
by the eminent lawmakers of our country then I sincerely feel that it would drastically bring
down the number of pending cases in our country and would provide speedy justice to everyone
as ‘justice delayed is justice denied’.

AIMS AND OBJECTIVES:

Through this project the researcher aims to provide a detailed overview of the role played by Lok
Adalat and their importance in the present scenario. The researcher has scrutinized the mentioned
topic and given a brief study on the same. The researcher has mentioned the important aspects
governing the given topic and substantiating its relevance with the help of cases.

RESEARCH METHODOLOGY:

The researcher will be relying on Doctrinal method of research to complete the project.

SCOPE & LIMITATION:

Within the scope of this project the researcher will discuss the topic along with other important
cases on the same. The cases mentioned herein are those considered to be of greater importance
than the other numerous cases, which are available with reference to the topic. The core area of
emphasis has been, the definition and functions of Lok Adalat. The historical aspects have been
briefly dealt with. One part has been allotted to the tracing of the origin and birth of the Adalat.
All aspect concerned with the existence of Lok Adalat have been briefly analysed and put forth
for the reader.

MODE OF CITATION

The researcher has used blue book mode of citation for the purpose of citation in his research.
THE HISTORY OF ADALAT
The existence of an effective judicial system is not a recent phenomenon but is a systematic
evolution of the judiciary with collective effort by a large number of people through generations.
The truth is that the traditions of the past have made the modern legal system what it is, and still
live on in it. Let us look at the judicial system prior to the Indian independence that paved way
for the present system of functioning.

Till the first half of 18th Century, the Company held under its sway the three Presidency Towns
of Calcutta, Madras and Bombay leading to the creation of a judicial system by the Towns. The
territories surrounding the Towns were brought under its control and came to be known as
“mofussil”. Under Warren Hastings’s plan of 1772, the judicial system was divided as follows.

Mofussil Diwani Adalat:

This type of court was established in each district with collector as a judge. It was authorised to
decide all civil causes such as disputes relating to real and personal property, inheritance,
marriage, caste, debts and contracts. It was decided that in all suits regarding inheritance,
marriage, caste and other religious usages and institutions, the laws of the Koran with respect to
Mohammedans, and those of the Shastra with respect to Hindus would be applied. To make the
system workable and to enable the judges to decide cases based on Indian law, native law
officers, kazis, and pundits were appointed to expound respectively the Muslim and the Hindu
laws. The decisions of the Adalat in cases up to Rs. 500 were final.

Small Cause Adalat:

In order to facilitate disposal of small cases, provision was made for disputes up to Rs. 10 to be
decided finally by the head farmer of the pergunnah where the dispute arose. People having petty
cases were saved of much time and expense due to this method of case disposal.

Mofussil Fozdari Adalat:

This court was established in each district to settle all types of criminal cases. The Adalat
consisted of the Muslim law officers, kazi, mufti and moulvis. The collector had supervision over
these courts. It could not determine cases determine cases involving sentences of death or
forfeiture of property of the accused; proceedings of such cases had to be submitted to the Sadar
Nizamat Adalat for final orders.

Sadar Adalat

The Sadar Diwani Adalats and the Sadar Nizamat Adalat were established above the Mofussil
Adalats. The Sadar Diwani Adalat consisted of the Governor and members of the Council and
was to hear appeals from the Mofussil Diwani Adalats in cases of over Rs.500.
In the early stages, these courts played an important role in setting up a foundation for a judicial
system. But however, they were not able to meet the standards required for the society and had
certain deficiencies. As a result, there was deterioration of the system.1

THE BIRTH OF LOK ADALATS

Parliament enacted the Legal Services Authorities Act 1987, and one of the aims for the
enactment of this Act was to organize Lok Adalat in order to secure the promotion of justice on
the basis of equal opportunity. The Act gives statutory recognition to the resolution of disputes
by compromise and settlement by the Lok Adalats. The concept has been gathered from the
system of Panchayats, which has its roots in the history, and culture of India. It has a native
flavour known to the people. The provisions of the Act based on indigenous concept are meant to
supplement the Court system. They will go a long way in resolving the disputes at almost no cost
to the litigants and with minimum delay. At the same time, the Act is not meant to replace and
supplants the Court system. The Act is a legislative attempt to decongest the Courts from heavy
burden of cases. There is a need for decentralization of justice.
This form of dispute resolution was made available for settlement of Motor Third Party claims
under the initiative of former Chief Justice of India, Shri P.N.Bhagwati, since then numbers of
Lok Adalats have been organized throughout the Country through to the satisfaction of the
claimants.2

1
M.P. Jain, “Outlines of Indian Legal History”, 5th ed. 2003, 1st rep. 2003, pp.55-62.
2
Kumar Ravish, Significance of Lok Adalat, http://www.legalserviceindia.com/articles/article+1e.htm,(Aug. 6,
2007)
ORGANISATION OF LOK ADALAT
Section 19 - Organization of Lok Adalats3

(1) Every State Authority or District Authority or the Supreme Court Legal Services Committee
or every High Court Legal Services Committee or, as the case may be, Taluk Legal Services
Committee may organise Lok Adalats at such intervals and places and for exercising such
jurisdiction and for such areas as it thinks fit.

(2) Every Lok Adalat organised for an area shall consist of such number of :-

(a) Serving or retired judicial officers and

(b) Other persons, of the area as may be specified by the State Authority or the District Authority
or the Supreme Court Legal Services Committee or the High Court Legal Services Committee,
or as the case may be, the Taluk Legal Services Committee, organizing such Lok Adalats.

(3) The experience and qualifications of other persons referred to in clause (b) of sub-section (2)
for Lok Adalats organised by the Supreme Court Legal Services Committee shall be such as may
be prescribed by the Central Government in consultation with the Chief Justice of India.

(4) The experience and qualifications of other persons referred to in clause (b) of sub-section (2)
for Lok Adalats other than referred to in sub-section (3) shall be such as may be prescribed by
the State Government in consultation with the Chief Justice of the High Court.

(5) A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement
between the parties to a dispute in respect of :-

(i) Any case pending before or

(ii) Any matter which is falling within the jurisdiction of, and is not brought before, any court for
which the Lok Adalat is organised.
3
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.

AUTHORITIES WHICH MAY ORGANISE LOK ADALATS:

The power to organize Lok Adalat has been given to every state authority or district authority,
the supreme court legal services committee and high court legal service committee or taluq legal
services committee. Such authorities may organize look Adalat’s at such intervals and places and
for exercising such jurisdiction as the authority thinks fits. The member may be drawn from
serving or retired judicial officers or from other fields of life. The number of members is to be
determined by the organizing authority. The qualification and experience of the members drawn
from other fields of life have to be prescribed, where the Lok Adalat is organized by the supreme
court legal service committee, by the central government in consultation with the chief justice of
India. In other cases, it has to be done by the state governments in consultation with chief justice
of high court.4

JURISDRICTION:

The jurisdiction of Lok Adalat is to determine and to arrive at a compromise or settlement

between the parties to a dispute in cases pending before any court or any matters which falls
within the jurisdiction of the courts but has not been brought before them. Lok Adalat’s are not
to have jurisdiction of the court but has not been brought before them. Lok Adalat’s are not
jurisdiction in respect of matters relating to an offence which is not compoundable under any
law. It means therefore the jurisdiction is equal to civil court. 5

COGNIZANCE OF CASES BY LOK ADALT

Cognizance of cases by Lok Adalat’s.6 —
4

5
6
(1) Where in any case referred to in clause (i) of sub-section (5) of section 19—1[20. Cognizance
of cases by Lok Adalat’s. — (1) Where in any case referred to in clause (i) of sub-section (5) of
section 19—"
(i) (a) the parties thereof agree; or
(b) one of the parties thereof makes an application to the court, for referring the case to the Lok
Adalat for settlement and if such court is prima facie satisfied that there are chances of such
settlement; or
(ii) the court is satisfied that the matter is an appropriate one to be taken cognizance of by the
Lok Adalat, the court shall refer the case to the Lok Adalat: Provided that no case shall be
referred to the Lok Adalat under sub-clause (b) of clause (i) or clause (ii) by such court except
after giving a reasonable opportunity of being heard to the parties.
(2) Notwithstanding anything contained in any other law for the time being in force, the
Authority or Committee organizing the Lok Adalat under sub-section (1) of section 19 may, on
receipt of an application from any one of the parties to any matter referred to in clause (ii) of
sub-section (5) of section 19 that such matter needs to be determined by a Lok Adalat, refer such
matter to the Lok Adalat, for determination: Provided that no matter shall be referred to the Lok
Adalat except after giving a reasonable opportunity of being heard to the other party.
(3) Where any case is referred to a Lok Adalat under sub-section (1) or where a reference has
been made to it under sub-section (2), the Lok Adalat shall proceed to dispose of the case or
matter and arrive at a compromise or settlement between the parties.
(4) Every Lok Adalat shall, while determining any reference before it under this Act, act with
utmost expedition to arrive at a compromise or settlement between the parties and shall be
guided by the principles of justice, equity, fair play and other legal principles.
(5) Where no award is made by the Lok Adalat on the ground that no compromise or settlement
could be arrived at between the parties, the record of the case shall be returned by it to the court,
from which the reference has been received under sub-section (1) for disposal in accordance with
law.
(6) Where no award is made by the Lok Adalat on the ground that no compromise or settlement
could be arrived at between the parties, in a matter referred to in sub-section (2), that Lok Adalat
shall advice the parties to seek remedy in a court.
(7) Where the record of the case is returned under sub-section (5) to the court, such court shall
proceed to deal with such case from the stage which was reached before such reference under
sub-section (1).]

COGNIZANCE ON APPLICATION OR AGREEMENT:

Cognizance has to be taken by taken on the reference by the court. the court can refer a pending
matter either on the agreement of the parties or on application by one of the parties. The parties
agreeing on the party applying has to show a desire for settlement through Lok Adalat. further
the court has to satisfied that there is a prima facie chance of such settlement. Where the
application for reference is by one of the parties only, the court shall not refer the matter except
after giving the parties a reasonable opportunity of hearing on the matter. The court can also
make an independent reference if it is satisfied that the case is an appropriate one for reference.
In such cases also the parties must be given a reasonable opportunity of being heard.
The authority which organize the Lok Adalat has also been given the power of reference of cases
mentioned in section 19 (5)(ii), namely, matters which fall within the jurisdiction of the court for
which the Lok Adalat has been organised but which has not been brought before the court. Here
again the parties must be given a reasonable opportunity of being heard.
When a reference has been made to a Lok Adalat, it becomes charged with the responsibility of
proceeding to dispose of the case and arrive at a compromise or settlement between the parties. It
has to do so with the utmost expedition. In this respect, the Lok Adalat has to proceed taking
guidance from principle of justice, equity, fair play and other legal principles.

RETURN TO COURT ON FAILURE OF THE LOK ADALAT:

When lok Adalat failr in its effort to bring about an compromise or settlement then it has to
return the matter to court from which it has come by reference so that the court may dispose it off
in accordance with the law. Where the matter came on reference of an authority organizing the
Lok Adalat and there is a failure in arriving at a compromise or settlement, the Lok Adalat has to
advice the parties to seek remedy in a court. The court to which the matter goes back, has to
dispose it off taking it from the stage which it had reached at the time when it was referred to the
Lok Adalat.

AWARDS OF LOK ADALAT

 CONCLUSION & BIBLIOGRAPHY