Article 39A of the Constitution of India provides for free legal aid to the poor and weaker sections of the society and ensures justice for all. Articles 14 and 22(1) of the Constitution also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on the basis of equal opportunity to all. In the year. Legal Services Authorities Act was enacted to constitute legal services authorities for providing free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice were not denied to any citizen by reason of economic or other disabilities and to organize Lok Adalats to ensure that the operation of the legal system promoted justice on a basis of equal opportunity. The interpretation of this Act in the light of its object reveals that it is a very good legislation for the amicable and speedy disposal of disputes. The Act extends to the whole of India. For the proper implementation of the provisions of the Legal Services Authorities Act, 1987 various authorities have been created at national, state, district and taluka level. These authorities have also been established at the level of Supreme Court and High Court. In this article we shall discuss provisions related to Lok Adalat under the Legal Services Authorities Act, 1987

Lok Adalat

The word “Lok Adalat” means ‘People’s Court. The Legal Services Authority Act, 1987 makes provisions in relation to the establishment, powers and functions etc. of the Lok Adalat. The Preamble of the Act makes it clear that the it has been connected to constitutes the Legal Services Authorities to provide free and Competent legal services to the weaker sections of the society to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities and organise Lok Adalats to secure that operation of the legal system promotes Justice on a basis of equal opportunity. Chapter VI of the Legal Services Authority Act, 1987 containing Sections 19 to 22 deals with provisions related to Lok Adalat.

Object of Establishment of Lok Adalat:

The object of establishment of Lok Adalat is to settle the disputes quickly by counselling and discussions, etc.  Its basis is to provide quick justice with the mutual and free consent of the parties. Other objects are to reduce burden on the Courts so that the problem of law’s delay may be solved and people may get justice within due time. Lok Adalat provides alternative resolution or devise for expeditious and inexpensive justice. 

Constitution of Lok Adalats:

According to Section 19(1) of the Legal Services Authority Act, 1987 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 organize Lok Adalats at such intervals and places and for exercising such jurisdiction and for such areas as it thinks fit.

According to Section 19(2) of the Legal Services Authority Act, 1987 each Lok Adalat consists of a chairman, typically (a) a judicial officer, and (b) other members, including legal professionals or social workers with experience in legal aid or dispute resolution.

According to Section 19(3) of the Legal Services Authority Act, 1987 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.

According to Section 19(4) of the Legal Services Authority Act, 1987 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

Jurisdiction of Lok Adalats:

Section 19(5) of the Legal Services Authority Act, 1987 lays down provisions related to jurisdiction of Lok Adalats.

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. It is to be noted that the Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offence not compoundable under any law. Lok Adalat has jurisdiction in the following matters:

• To settle civil cases, including matrimonial disputes, property disputes, and cases related to debt recovery, as well as compoundable criminal cases.
• Cases that involve public utilities, family disputes, or motor vehicle accident claims are commonly referred to Lok Adalats.
• Pre-litigation cases (cases that have not yet been filed in court) as well as cases already pending in courts can be taken up by Lok Adalats for settlement.

Cognizance of Cases by Lok Adalats:

Section 20 of the Legal Services Authority Act, 1987 deals with the cognizance of cases by Lok Adalats. Both parties must voluntarily agree to participate in the Lok Adalat proceedings. Once they agree, and one of the parties thereof makes an application to the Court, the Court or the concerned Legal Services Authority refers the case to Lok Adalat for settlement.

Award of Lok Adalat:

Section 20 of the Legal Services Authority Act, 1987 deals with the award of Lok Adalat. The Lok Adalat will have similar powers of a Civil Court and is governed under the Code of Civil Procedure. Every award of Lok Adalat shall be deemed as a decree of civil court. The award passed by a Lok Adalat is binding on the parties and holds the status of a civil court decree. The award is final, and no appeal lies against it before any court of law, except on limited grounds such as fraud or coercion during the settlement process. The finality of the award ensures the swift resolution of disputes, reducing the burden on regular courts.

Powers of Lok Adalat:

Under Section 22 of Legal Services Authority Act, 1987, Powers of Lok Adalats are as follows:

• The Lok Adalat will have similar powers of a Civil Court and is governed under the Code of Civil Procedure.
• It has the power to summon and enforce the attendance of a witness and their examination under oath;
• It has power to order the discovery and production of any document;
• It has power to receive evidence on affidavits;
• It has power to receive evidence regarding a particular case.
• It has power to ask for any public record or document or copy of such record or document from any court or office;
• The Lok Adalat has the power to follow its own procedure for determining any dispute.
• The proceeding of a Lok Adalat is considered to be judicial proceedings.

Merits of Lok Adalat:

• There is no Court fee and if Court fee is already paid the amount will be refunded if the dispute is settled at Lok Adalat according to the rules.
• The basic features of Lok Adalat are the procedural flexibility and speedy trial of the disputes. There is no strict application of procedural laws like Civil Procedure Code and Evidence Act while accessing the claim by Lok Adalat.
• The parties to the dispute can directly interact with the Judge through their Counsel which is not possible in Regular Courts of Law.
• The award by the Lok Adalat is binding on the parties and it has the status of a decree of a Civil Court and it is non- appealable which does not cause the delay in the settlement of disputes finally.   
• Lok Adalats are boon to the litigating public, they can get their disputes settled fast and free of cost amicably.

Demerits of Lok Adalat:

• Faster justice comes with a price of settlement made at the cost of lesser compensation and the petitioner had no time to claim higher amount which he justly should have got as seen in many cases after which apex court ordered Lok Adalat to be careful about not impairing the right of any party involved in the issue. Faster and easier justice must not come with the price of injustice which is what falls as a disadvantage of Lok Adalat.
• Not all cases are suitable for Lok Adalat jurisdiction. Lok Adalat is all about settlement and compromise which is not what every case requires. Most cases in India require punishment and correctional methods which is not under the dealing of Lok Adalat. These cases would usually fail here and would then be recommended to courts.

Permanent Lok Adalat:

A Permanent Lok Adalat, is organized under Section 22-B of The Legal Services Authorities Act, 1987. Permanent Lok Adalats have been set up as permanent bodies with a Chairman and two members for providing compulsory pre-litigative mechanism for conciliation and settlement of cases relating to Public Utility Services like transport, postal, telegraph etc. Here, even if the parties fail to reach to a settlement, the Permanent Lok Adalat gets jurisdiction to decide the dispute, provided, the dispute does not relate to any offence. Further, the Award of the Permanent Lok Adalat is final and binding on all the parties. The jurisdiction of the Permanent Lok Adalats is upto Rs. Ten Lakhs. Here if the parties fail to reach to a settlement, the Permanent Lok Adalat has the jurisdiction to decide the case. The award of the Permanent Lok Adalat is final and binding upon the parties. The Lok Adalat may conduct the proceedings in such a manner as it considers appropriate, taking into account the circumstances of the case, wishes of the parties like requests to hear oral statements, speedy settlement of dispute etc.

Distinguishing between Lok Adalat and Permanent Lok Adalat.

Lok Adalat	Permanent Lok Adalat
Lok Adalats are constituted as and when needed by Legal Services Authorities at various levels (national, state, district, or taluk).	Permanent Lok Adalats (PLAs) are permanent bodies established under Section 22B of the Legal Services Authorities Act, 1987, to function continuously.
It is temporary in existence	It is permanent in existence
Lok Adalats have jurisdiction over cases referred to them, including both pre-litigation disputes and pending cases in courts.	PLAs have jurisdiction over public utility services disputes and can handle cases involving services like water, electricity, transport, and telecommunications.
Lok Adalats can handle civil cases, family disputes, matrimonial issues, motor accident claims, and compoundable criminal cases.	PLAs are limited to disputes related to public utility services like transport, postal services, electricity, water supply, etc.
Cases are referred to Lok Adalats by courts or are initiated by parties seeking pre-litigation dispute resolution.	PLAs handle both pre-litigation and pending disputes related to public utility services. They can take cases before they are formally filed in court.
Participation in Lok Adalat proceedings is voluntary, and both parties must consent to settle the dispute. If no settlement is reached, the case is referred back to the court.	In PLAs, if the parties cannot settle the dispute through conciliation, the PLA has the authority to adjudicate and pass an award, which is binding.
Lok Adalats cannot impose decisions. They can only pass an award when both parties agree to a settlement. If a compromise is not reached, the case is sent back to the court.	PLAs have the power to pass a binding award even if the parties do not reach an agreement through conciliation. This is a key distinction.
The award of a Lok Adalat is final and binding on the parties, and there is no provision for appeal, except on limited grounds such as fraud or coercion.	The award passed by a PLA is final and binding, similar to a court decree, and there is no appeal. However, PLAs have more authority to issue awards if conciliation fails.
Lok Adalats can take up a wide range of disputes, including civil, family, motor accident claims, and compoundable criminal cases.	PLAs are specifically focused on disputes involving public utility services, limiting their scope to these services under Section 22B of the Act.
Lok Adalats operate through compromise and negotiation, encouraging both parties to settle amicably. They cannot impose decisions.	PLAs begin with conciliation but have the power to decide the case and pass an award if the conciliation fails.
Lok Adalats are convened on an ad-hoc basis, such as National Lok Adalats or Mega Lok Adalats, which are held periodically.	PLAs are permanently established bodies, functioning continuously to resolve disputes related to public utility services.
No court fees are required, and if the case is already filed in court and referred to Lok Adalat, the court fees are refunded if the dispute is settled.	Similar to Lok Adalats, no court fees are required in PLAs, and the process is intended to be cost-effective for the parties involved.
No appeal lies against the award of a Lok Adalat as it is based on mutual consent.	No appeal lies against the award of a PLA, as it has the authority to pass a binding decision even without the parties’ consent in case of conciliation failure.

Conclusion:

Lok Adalat serves as a pivotal mechanism for alternative dispute resolution under the Legal Services Authorities Act, 1987. It embodies the principles of quick, cost-effective, and accessible justice, addressing the needs of parties who might otherwise face lengthy and expensive litigation in formal courts. Lok Adalats play a crucial role in making justice accessible to the masses, particularly those who are economically disadvantaged or unable to afford prolonged legal battles. By offering a platform for the amicable resolution of disputes, they help bridge the gap between formal judicial processes and ordinary citizens. Lok Adalats provide a flexible, informal setting for dispute resolution. They emphasize negotiation and mutual agreement, which can expedite the resolution process and reduce the burden on traditional courts. This informal approach helps parties reach a settlement that is mutually acceptable. Participation in Lok Adalats is voluntary, ensuring that both parties agree to the process. This voluntary nature fosters a cooperative environment where disputes are resolved through compromise rather than adversarial litigation. Lok Adalats operate with minimal or no court fees, making them a cost-effective option for dispute resolution. This aligns with the broader goal of ensuring that legal aid and justice are available to those who might otherwise be excluded due to financial constraints. The awards passed by Lok Adalats are final and binding, akin to court decrees, and cannot be appealed. This finality helps in quickly resolving disputes and ensuring that settlements are honored by both parties.

Lok Adalats handle a wide range of cases, including civil disputes, family matters, motor accident claims, and compoundable criminal cases. Their ability to address various types of disputes enhances their role in the justice delivery system. By resolving disputes outside the formal court system, Lok Adalats contribute significantly to reducing the backlog of cases in courts. This helps in improving the efficiency of the judicial system and ensuring that cases are resolved in a timely manner. Lok Adalats also play a role in raising legal awareness among the public, particularly in rural and underserved areas. They help educate people about their rights and the legal options available to them.

Lok Adalats are a fundamental component of the legal aid system in India, embodying the principles of accessible, efficient, and cost-effective justice. They provide an alternative to formal litigation, facilitating the resolution of disputes through voluntary compromise and mutual agreement. By making justice more accessible and reducing the burden on traditional courts, Lok Adalats contribute to a more equitable and effective justice delivery system, aligning with the constitutional mandate of ensuring equal access to justice for all citizens.