Concept of Lok Adalat in India

Concept of Lok Adalat in India

Author :- Azhar Ahmad Khan (Law Student at Integral University, Lucknow)

Introduction

The concept of Lok Adalat is an innovative Indian contribution to world jurisprudence. The introduction of Lok Adalats added a new chapter to the justice dispensation system of this country and succeeded in providing a supplementary forum to the victims for satisfactory settlement of their disputes. This system is based on Gandhian principles. It is one of the components of ADR systems. In ancient times the disputes used to be referred to as “panchayats” which were established at village level. Panchayats used to resolve the dispute through arbitration. It has proved to be a very effective alternative to litigation. This very concept of settlement of dispute through mediation, negotiation or through arbitral process known as decision of "Nyaya-Panchayat" is conceptualized and institutionalized in the philosophy of Lok Adalat. 

Concept of Lok Adalat

The Supreme Court has explained the meaning of the institution of the Lok Adalat in the following way "The Lok Adalat is an old form of adjudicating system prevalent in ancient India and its validity has not been taken away even in the modern days too ". Here, the word ' Lok Adalat ' means 'People's Court' ; it shows it is available at ground root level also.

Thus Lok Adalat (People's Court) was established to make justice accessible and affordable to all. Basically, Lok Adalat is a People's Court established by the government. It is one of the alternative dispute redressal mechanisms, it is a forum where cases pending in the court of law or at pre-litigation stage are settled friendly. Gujrat is the first place where Lok Adalat was held in 1982. One of the most unique features of Lok Adalat is that if the case is already filled in a regular Court, the fee paid is refunded if the dispute is settled at the Lok Adalat.Thus, we can say that it is beneficial for those cases which have high chance of compromise.

As Indian courts are overburdened with the backlog of cases and the regular courts are to decide the cases involving a lengthy, expensive and tedious procedure, Lok Adalat is introduced for speedy justice.

Composition of Lok Adalat

Every Lok Adalat organized for an area shall consist of such number of serving or retired judicial officers and other persons of the area as may be specified by the agency such as State Authority, District Authority or Supreme court legal services committee, High court legal services committee or may be by Taluk legal services committee. Generally, a Lok Adalat consists of a judicial officer as the chairman and a lawyer as ( ADVOCATE ) and a social worker as members. The experience and qualification of other persons referred to in clause (b) of sub section (2) for Lok Adalat 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.

Need for  Lok Adalat

• Justice Ramaswamy says,

"Resolving disputes through Lok Adalat not only minimizes litigation expendititure, it saves valuable time of the parties and their witnesses and also facilitates inexpensive and prompt remedy appropriately t the satisfaction of both the parties."

• Law courts in India are facing mainly four problems:
  
  

1. The number of courts and judges at level are inadequate for speedy justice.

2. Increase in flow of cases in recent years due to multifarious acts enacted by the central and state governments.

3. The high cost involved in prosecuting or defending a case in a court of law, due to heavy court fee, lawyer's fee and incidental charges.

4. Delay in disposal of cases resulting in huge pendency in all the courts.

Lok Adalat has a positive contributory role in the administration of justice. It supplements the efforts and work of the courts. Area of contribution chosen for the purpose especially concerns and helps the common man, the poor, backward and the needy most sections of the society.

Conclusion

We can trace Lok Adalat's presence from the past life itself. As earlier there was an ancient concept of settlement of dispute through mediation, negotiation or through an arbitral process which were headed by the most trusted or highly intellectual or senior persons of the society. The judgment of Heads was considered a full and final award by everyone. It is conceptualized and institutionalized behind the philosophy of Lok Adalat. It involves people who are directly or indirectly affected by disputes. It is an easy mode of conducting justice to everyone at grassroot level. It also promotes the Gandhian principle of peacefulness. It is based on transparency, efficiency and a less expensive form of justice. It is formed with the motive to decrease the backlog of the cases. It promotes speedy justice to everyone.