Legal Serivces Authority Act 1987 (Lok Adalats)

Introduction

Objective of Legal Services Authority Act was two fold. First, provide access to legal services to those who are not financially well off. Second, the speedy mechanism to dispose of the cases. In this blog, we have seen who all are given access to free legal services. What are the authorities that assist in this objective.

There are around 3.3 Crore pending cases. Ok let's write full number to understand the gravity of this problem. 3,30,00,000 cases!  This number is not reducing. Only two states, UP and Maharashtra account for approximately 1 Crore cases.  So how do you deal with this staggering pendency?

This act provides a mechanism for speedy disposal of cases through the Lok Adalats.

Lok Adalats

This is envisioned as one of the mechanism for speedy, amicable and cheap dispute resolution mechanism.

People who decide the matters in Lok Adalat consist of legal as well as non-legal members. It is in better position at convincing the party to amicably settle the dispute.

Legal services authorities which we have discussed in earlier post will organize Lok Adalat at such places and such intervals as they deemed fit.

The member of Lok Adalat should be person from legal profession. The other members should be persons of reputation and should be keen on implementation of legal service program. The persons from non legal background should have proven track record in social service and should have worked for weaker section of society.

Lok Adalats don't have jurisdiction in technical terms. However if any legal service authority receive an application on request of parties, then they take up that matter for settlement and refer the matter to Lok Adalat.

Matter will be referred to Lok Adalat only after giving reasonable opportunity to hear both the parties.

After Lok Adalat takes the matter, it proceed with arriving at compromise among the parties.

While coming to certain conclusion, settlement or compromise, Lok Adalats are guided by principle of justice, fair play and equity.

If there is no compromise arrived between parties, then case is again referred to Court.

Lok Adalats while deciding matter need not follow technicalities of law like CPC, Evidence Law etc. However they should be guided by principle of natural justice, like giving opportunity to both the parties, impartiality etc.

Lok Adalats cannot force the parties to arrive at compromise, if parties are not convinced and satisfied.

Once compromise is arrived at and both the parties sign such settlement, then it will be binding on both the parties. There will be no appeal after the settlement. This is good provision to end the litigation.

The powers provided to Lok Adalats are sufficient as to not to cause damage to quality of justice. It's award will act like a decree. The proceedings of Lok Adalats will be deemed as judicial proceedings.

Lok Adalats are given a status of Civil court having all the power of summoning, requisition, discovery and receiving evidence on affidavit. It also has power to specify it's own procedure.

In PT Thomas Vs Thomas Job AIR 2005 SC 3575, Supreme Court identified the importance of Lok Adalats. It states the Lok Adalats is an old form of adjudicating system in India. This form is still valid today. This is based on Gandhian principle.

Permanent Lok Adalats

We have said earlier that legal services authority organize Lok Adalats at such time and at such place and at such interval of what they deemed fit. Lok Adalats are kind of ad-hoc in nature. 

When you file a case against public officer in his official capacity, this cases drags on for years. Public officer don't appear in hearing saying that he have official work. Neither it is desirable that he should appear for hearing for strenuous and lengthy process, otherwise other people might get affected who have to get work done from such public official. To deal with such problem 

To deal with problem in settlement of disputes with government employees, Act provides establishment of Permanent Lok Adalats. Here only disputes related to public utility and public services can be brought.

Chairman of such Lok Adalats will be any person who hold district judge post or any higher post. Also there would be additional members who have experience in public utilities.

Permanent Lok Adalats don't have have jurisdiction per say in offense. Neither they have jurisdiction where monetary value of dispute is more that 10 Lakh.

These Adalats will have conciliatory as well as adjudicatory power.

How effective have been Lok Adalats?

As per government record, till September 2015, total of 15.84 Lakh Lok Adalats were organized throughout the Country. It states that more than 8.25 Crore cases settled by this mechanism. Isn't this an achievement? 

It looks like it is achieving it's objective. But more awareness and more Lok Adalats will help bringing down staggering pendency we discussed earlier.




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