Lok Adalat

Lok Adalat

Lok Adalat is one of the alternative dispute redressal mechanisms, it is a forum where disputes/cases pending in the court of law or at pre-litigation stage are settled/ compromised amicably. Lok Adalats have been given statutory status under the Legal Services Authorities Act, 1987. Under the said Act, the award (decision) made by the Lok Adalats is deemed to be a decree of a civil court and is final and binding on all parties and no appeal against such an award lies before any court of law. If the parties are not satisfied with the award of the Lok Adalat though there is no provision for an appeal against such an award, but they are free to initiate litigation by approaching the court of appropriate jurisdiction by filing a case by following the required procedure, in exercise of their right to litigate.

Procedure for Organizing Lok Adalats

• Lok Adalat may be organized by the State Authorities or District Authorities or Supreme Court Legal Services Committee or High Court Legal Services Committee or, as the case may be, the Taluk Legal Services Committees at regular intervals and such Lok Adalats shall be organized for a definite geographical area as the aforesaid Authorities or Committees thinkfit.
• Special Lok Adalats shall be organized for all Family Courts at regular intervals.
• The Member Secretary or Secretary of the High Court Legal Services Committee or District Authority, or the case may be, the Chairman of the Taluk Legal Services Committee may associate the members of the legal profession, college students, social organizations, charitable and philanthropic institutions and other similar organizations for organizing the Lok Adalats.

Pre-Litigation matters

• In a Pre-litigation matter it may be ensured that the court for which a Lok Adalat is organised has territorial jurisdiction to adjudicate in the matter.
• Before referring a Pre-litigation matter to Lok Adalat the Authority concerned or Committee, as the case may be, shall give a reasonable hearing to the parties concerned.
• Provided that the version of each party, shall be obtained by the Authority concerned or, as the case may be, the Committee for placing it before the Lok Adalat.
• An award based on settlement between the parties can be challenged only on violation of procedure prescribed in section 20 of the Act by filing a petition under articles 226 and 227 of the Constitution of India.

Notice to Parties Concerned

• Authority convening and organizing the Lok Adalat shall inform every party concerned whose case is referred to the Adalat, well in time so as to afford him an opportunity to prepare himself for the Lok Adalat.
• If a party is not willing to refer their case to Lok Adalat, the case may be considered on its merits by the Court concerned

Composition of Lok Adalat
At State Level

The Member Secretary organising the Lok Adalat shall constitute benches of the Lok Adalats, each bench comprising of a sitting or retired Judge of the High Court or a serving or retired judicial officer and any one or two of the following:-

• a member of the legal profession;
• a social worker of repute who is engaged in the upliftment of the weaker sections of the people, including the Scheduled Castes, the Scheduled Tribes, women, children, rural and urban labour and interested in the implementation of legal services schemes or programmes.
• a professional from the field related to the subject matter of the Lok Adalat; and a mediator or a professional or a serving or retired senior executive.

At High Court Level

The Secretary of the High Court Legal Services Committee organizing the Lok Adalat shall constitute benches of the Lok Adalats, each bench comprising of a sitting or retired Judge of the High Court or a serving or retired Judicial Officer and any one or two of the following: –

• a member of the legal profession;
• a social worker belonging to the category as mentioned in item (ii) of sub-para(a) above;
• a professional from the field related to the subject matter of the Lok Adalat and a mediator or a professional or a serving or retired senior executive.

At District Level

The Secretary of the District Authority organizing the Lok Adalats shall constitute benches of the Lok Adalats, each bench comprising of a sitting or retired judicial officer and any one or two of the following:-

• a member of the legal profession;
• a social worker belonging to the category as mentioned in item(ii) of sub-para(a) above or a person engaged in para-legal activities of the area, preferably a woman;
• a professional from the field related to the subject matter of the Lok Adalat and a mediator or a professional or a serving or retired senior executive.

At Taluka Level

The Chairman of the Taluk Legal Services Committee organizing the Lok Adalat shall constitute benches of the Lok Adalat, each bench comprising of a sitting or retired judicial officer and any one or two of the following:-

• a member of the legal profession;
• a social worker belonging to the category as mentioned in item(ii) of sub-para (a) above or a person engaged in para-legal activities of the area, preferably a woman;
• a professional from the field related to the subject matter of the Lok Adalat and a mediator or a professional or a serving or retired senior executive.

Jurisdiction of Lok Adalats

• Lok Adalats shall have the power only to help the parties to arrive at a compromise or settlement between the parties to a dispute.
• It shall not issue any direction or order in respect of such dispute between the parties.

Reference of cases and matters

• Lok Adalat shall get jurisdiction to deal with a case only when a court of competent jurisdiction orders the case to be referred in the manner prescribed in Section 20 of the Act or under Section 89 of the Code of Civil Procedure, 1908.
• A pre-litigation matter may be referred to the Lok Adalat by the concerned Legal Services Institution on the request of any of the parties after giving a reasonable opportunity of being heard to the other party.
• The matters relating to divorce and criminal cases which are not compoundable under the Code of Criminal Procedure, 1973 shall not be referred to Lok Adalat.