Lok Adalat
About
- Lok Adalat (people’s courts) is a body established by the government to settle disputes through conciliation and compromise.
- Lok Adalat is an alternative method of dispute resolution. It is a forum where disputes or cases pending in the court of law or at the pre-litigation stage are settled amicably.
- Lok Adalats have been given statutory status under the Legal Services Authorities Act, 1987.
- Under the Act, the award 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 lies against such an award 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, 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.
No judicial role
- The persons deciding the cases in the Lok Adalats are called the Members of the Lok Adalats, they have the role of statutory conciliators only and do not have any judicial role; therefore they can only persuade the parties to come to a conclusion for settling the dispute outside the court in the Lok Adalat and shall not pressurize or coerce any of the parties to compromise or settle cases or matters either directly or indirectly.
- The Lok Adalat shall not decide the matter so referred at its own instance, instead the same would be decided on the basis of the compromise or settlement between the parties.
- The members shall assist the parties in an independent and impartial manner in their attempt to reach amicable settlement of their dispute.
Nature of Cases to be Referred to Lok Adalat
- Any case pending before any court.
- Any dispute which has not been brought before any court and is likely to be filed before the court.
- Provided that any matter relating to an offence not compoundable under the law shall not be settled in Lok Adalat.
Compoundable offences are those that can be compromised, i.e. the complainant can agree to take back the charges levied against the accused, whereas, non – compoundable offences are the more serious offences in which the parties cannot compromise. |
Composition of Lok Adalats
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- The Lok Adalat is presided over by a sitting or retired judicial officer as the chairman, with two other members, usually a lawyer and a social worker.
- The National Legal Services Authority (NALSA) along with other Legal Services Institutions (such as State Legal Services Authority, District Legal Services Authority, Taluk Legal Services Committee) conducts Lok Adalats at different levels.
- NALSA is a statutory body constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society and to organize Lok Adalats for amicable settlement of disputes.
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