Lok Adalat

The introduction of Lok Adalat through Legal Services Authorities Act, 1987 provides justice to the vulnerable sections and has provided an alternative forum to settle disputes. This system is based on Gandhian principles as it promotes justice based on equal opportunity by providing free legal aid as per Article 39A of the Indian Constitution.

Structure of Lok Adalat

• State Authority Level: The Lok Adalat's benches would be constituted by the Member Secretary Of The State Legal Services Authority. Each bench would comprise of a sitting or retired judicial officer or sitting or retired judge of the High Court and any one or both of- a member from the legal profession; a social worker interested in the implementation of legal services programs or schemes and engaged in the upliftment of the weaker sections
• At High Court Level: The Lok Adalat's benches would be constituted by The Secretary Of The High Court Legal Services Committee with each bench comprising of a sitting or retired judge of the High Court and any one or both of- a member from the legal profession; a social worker interested in the implementation of legal services programs or schemes and engaged in the upliftment of the weaker sections. 
• At District Level: The Lok Adalat's benches would be constituted by The Secretary Of The District Legal Services Authority. each bench comprising of a sitting or retired judicial officer and any one or both of either a member from the legal profession; and/or a social worker interested in programs and engaged in the upliftment of the weaker sections or a person engaged in para-legal activities of the area, preferably a woman.
• At Taluk Level: The Lok Adalat's benches would be constituted by the Secretary of the Taluk Legal Services Committee, each bench comprising of a sitting or retired judicial officer and any one or both of either a member from the legal profession; and/or a social worker engaged in the upliftment of the weaker sections and interested in the implementation of legal services schemes or programs or a person engaged in para-legal activities of the area, preferably a woman.
• National Lok Adalat: National Level Lok Adalat are held for at regular intervals where on a single day Lok Adalat are held throughout the country, in all the courts right from the Taluk Levels to the Supreme Court where a huge number of cases are disposed of. 

Eligible People Under Section 12 Of Legal Services Authorities Act Entitled For Free Legal Services Are:

• A member of a Scheduled Caste or Scheduled Tribe.
• A victim of trafficking in human beings or begar as referred to in Article 23 of the Constitution.
• A woman or a child.
• A mentally ill or otherwise disabled person.
• A person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or
• An industrial workman; or
• In custody, including custody in a protective home within the meaning of clause (g) of Section 2 of the Immoral Traffic (Prevention) Act, 1956(104 of 1956); or in a juvenile home within the meaning of clause(j) of Section 2 of the Juvenile Justice Act, 1986 (53 of 1986); or in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of Section 2 of the Mental Health Act, 1987(14 of 1987); or
• A person in receipt of annual income less than the amount mentioned in the following schedule (or any other higher amount as may be prescribed by the State Government), if the case is before a Court other than the Supreme Court, and less than Rs 5 Lakh, if the case is before the Supreme Court.

Jurisdiction:

• 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
• any case pending before or
• any matter which is falling within the jurisdiction of, and is not brought before, any Court for which the Lok Adalat is organised
• Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offence not compoundable under any law.
• Non-compoundable cases are serious criminal cases which cannot be quashed and compromise is not allowed between the parties. It is always registered in the name of state. Ex. State of Karnataka vs XYZD.
• Under a Non-Compoundable offense, full trail is held which ends with the acquittal or conviction of the offender, based on the evidence presented in a Court of Law.

Functions Of Lok Adalat:

• Lok Adalat while hearing a case can summon and enforce the attendance of any witness and examine him/her on oath, can make discovery of documents, can receive evidence, can ask for requisitioning of any public record or document or copy of such record or document from any court or office.
• Lok Adalat can specify its own procedure for the determination of any dispute. All the proceedings before a Lok Adalat shall be deemed to be judicial proceedings.

Awards Of Lok Adalat:

• Every award of the Lok Adalat shall be deemed to be a decree of a civil court or an order of any other court and where a compromise or settlement has been arrived at.
• Every award made by a Lok Adalat shall be final and binding on all the parties to the dispute, and no appeal shall lie to any court against the award.

Permanent Lok Adalat:

• Permanent Lok Adalat (PLA) is organized under Section 22-6 of The Legal Services Authorities Act. 1987.
• PLA has a Chairman and two members to provide 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.
• The Award of the Permanent Lok Adalat is final and binding on all the parties. The jurisdiction of the Permanent Lok Adalats is up to Rs. 1 Crore.
• The Lok Adalat may conduct the proceedings in such a manner as it considers appropriate, considering the circumstances of the case, wishes of the parties like requests to hear oral statements, speedy settlement of dispute etc.

Demerits Of Use of Lok Adalat:

• No right to appeal from judgments of Lok Adalat goes against judicial norms as right to appeal is one of the most basic features of any sound legal system.
• Lok Adalat passes awards only when both sides agree to settle their dispute and this also prevents both parties from appealing against the judgment. Settling an award based on compromise might not be in the best interest of justice.
• Discretion provided to Permanent Lok Adalat may not be useful in solving disputes of public at ground level.
• Speedy disposal of cases also compromises quality of Judgment.
• Lawyers are reluctant to refer cases to Lok Adalats as they prefer regular Courts.

Way Forward

Despite the demerits and challenges, Lok Adalats at grassroot level has helped to address legal problems of the weaker and vulnerable section thereby fulfilling the mandate of Article 39A to provide free legal aid to the needy.