Lok Adalats, literally meaning “People’s Courts”, are a unique innovation within India’s justice delivery framework. They represent a form of Alternative Dispute Resolution (ADR) designed to provide speedy, accessible, and cost-effective justice to the masses. Rooted in the spirit of community justice, Lok Adalats draw inspiration from India’s traditional systems of village panchayats, where disputes were often settled amicably outside the rigidities of formal courts.
The constitutional foundation of Lok Adalats lies in Article 39A of the Directive Principles of State Policy (DPSP), which mandates the State to promote justice on the basis of equal opportunity and ensure free legal aid so that justice is not denied due to economic or social disability. This vision was given statutory backing with the enactment of the Legal Services Authorities Act, 1987, which institutionalized Lok Adalats as a nationwide mechanism to provide justice “at the doorsteps of the people.”
Legal Basis
- Legal Services Authorities Act, 1987: Provides statutory recognition to Lok Adalats as part of India’s formal justice system.
- Section 19: Authorizes State Legal Services Authorities, District Legal Services Authorities, and Taluk Committees to organize Lok Adalats.
- Section 20: Enables Lok Adalats to take cognizance of disputes referred by courts or brought by parties at the pre-litigation stage.
- Section 21: Declares that awards of Lok Adalats are deemed to be decrees of a civil court, binding on all parties, and enforceable like a regular court order. Importantly, no appeal lies against such awards.
This statutory framework ensures that while Lok Adalats operate informally, their awards enjoy the full legal status of judicial decrees.
Objectives
- Access to Justice: To operationalize Article 39A and ensure that justice is not restricted to those with financial or social advantage.
- Inexpensive and Speedy Resolution: To minimize costs and delays that characterize the regular judicial process.
- Reducing Judicial Backlog: To ease the heavy caseload burdening Indian courts.
- Promoting Amicable Settlement: To encourage compromise and mutual understanding, thereby reducing hostility between parties.
- People’s Participation: To foster community involvement in dispute resolution, strengthening trust in the justice system.
Nature of Jurisdiction
- Lok Adalats can handle:
- Cases pending before courts, or
- Pre-litigation disputes, brought directly by parties before litigation begins.
- However, they cannot adjudicate non-compoundable criminal offences (e.g., murder, rape, dacoity).
- The procedure is informal, flexible, and conciliatory, unlike the rigid rules of evidence and procedure in regular courts.
- The role of Lok Adalats is not to decide cases on merits but to facilitate settlements through negotiation and compromise.
Types of Lok Adalats
- Permanent Lok Adalat (PLA)
- Established under Section 22B of the Legal Services Authorities Act, 1987.
- Deals with disputes relating to public utility services (e.g., transport, postal services, electricity, telecommunication, water supply, etc.).
- Can decide cases on merits if no settlement is reached.
- National Lok Adalat
- Conducted across the country on a single day, focusing on mass disposal of cases.
- All courts from the Supreme Court to the Taluk courts participate simultaneously.
- Mobile Lok Adalat
- Moves from place to place, particularly in rural and remote areas, to deliver justice at the people’s doorstep.
- Mega Lok Adalat
- Organized at the state level, where cases across all districts are taken up simultaneously for settlement.
Judicial Support and Recognition
- State of Punjab v. Jalour Singh (2008): The Supreme Court clarified that awards of Lok Adalats are binding and final, with no scope for appeal.
- The judiciary has consistently upheld Lok Adalats as instruments of justice that are both constitutionally aligned and socially relevant.
- In several rulings, courts have emphasized their role in ensuring access to justice and reducing pendency.
Advantages
- Speedy Resolution: Disputes are settled quickly without prolonged litigation.
- Low Cost: No court fee is charged; even if already paid in court, it is refunded on settlement.
- Amicable Settlement: Promotes compromise, preserving social and family relationships.
- Reduced Burden on Courts: Helps in lowering pendency and judicial backlog.
- Flexibility: Free from rigid procedural technicalities of regular courts.
- Accessibility: Especially beneficial for the poor, marginalized, and rural population.
Limitations
- No Decision on Merits: Awards are based on compromise only; if parties refuse to settle, the Lok Adalat cannot impose a decision (except in PLAs).
- No Appeal: The absence of an appellate remedy may disadvantage parties who feel coerced into compromise.
- Limited Jurisdiction: Restricted mainly to civil disputes, compoundable criminal cases, and certain service-related disputes.
- Perception of Informality: Some litigants distrust Lok Adalats, believing them to lack the authority and seriousness of regular courts.
Contemporary Relevance
India faces a staggering pendency of over 4.5 crore cases across courts. Lok Adalats have emerged as a vital parallel mechanism to ease this burden.
- They have been particularly effective in:
- Matrimonial disputes,
- Cheque bounce cases,
- Motor accident claims,
- Small-scale civil disputes.
- National Lok Adalats have recorded settlement of lakhs of cases in a single day, reflecting their growing role.
- They also promote social harmony, as disputes are resolved through consensus, not adversarial litigation.
Conclusion
Lok Adalats embody the constitutional ideal of access to justice and reflect the Indian judiciary’s commitment to innovation in dispute resolution. While limitations exist—such as lack of appellate remedy and jurisdictional restrictions—their contribution to reducing judicial backlog, promoting amicable settlement, and delivering justice to the marginalized cannot be overstated. With the rising caseload in courts, Lok Adalats will continue to be a cornerstone of India’s justice delivery system, balancing efficiency with equity.