1) Introduction -

The concept of Lok Adalats added a new chapter to the justice dispensation
system of this country and succeeded in providing a supplementary forum to
the litigants or disputants for satisfactory settlement of their disputes. It is a
major aspect of legal aid programme because it intends to provide equal
protection of law and equal access to justice to all people, particularly the
poor who lack means to knock at the door of justice.1
The meaning of the term Lok Adalat in literally is Peoples Court
because the term comprises two words namely Lok and Adalat, Lok
stands for the people and Adalat means the court. So, it is meant peoples
court. The former word of the term expressing the concept of public opinion
while the latter devoting the accurate and thorough deliberation aspect of
decision making. 2 The Lok Adalat is an institution settles dispute by
adopting the principles of justice, equity and fair play. These noble
principles are guiding factors for decisions of the Lok Adalats based on
compromises to be arrived at before such Adalats. The Lok Adalat is a
voluntary mechanism which is mainly concerned with two-fold functions
firstly, it provides a quick, easy, accessible, non-technical, sympathetic and
disputant friendly forum to the people for resolution of their disputes and
secondly, it helps overcome the hazard of the docket explosion.

The Lok Adalat is not a peoples court in the sense in which it is

understood in some other legal system of the Soviet type, although literally
translated a Lok Adalat means a people's court. It may be better to call it a
court for people, but almost every court of whatever description is meant for
the people. The Lok Adalat is not a Nyaya Panchayat or Village Nyaya
1
N.C. Jain, Legal Aid, Its Scope and Effectiveness of the Legal Aid Rules in This Regard,
AIR 1996 Jour 185.
2
Sayani Chakeraborty and Saumya Misra, Lok Adalats www.stpl.india.com-last visited on
5/5/10.
1
Panchayat of Indian tradition. Further, it is not a Village Panchayat
recognised under the Village Panchayat Acts in some States. It is not a Caste
Panchayat or Jati Sabba. It is neither a Bench Court nor a statutory tribunal
meant to adjudicate or arbitrate. It appears to be a unique institution meant
to take care of disputes as they arise between members of whatever section
of society and disputes as they go before the court, that is, the pre-litigative
and the post-litigative stages. It is only an institution meant to promote
voluntary settlement between parties under the auspices of a set of
individuals who have, to their credit, certain accomplishment necessary for
playing a meaningful role in this process. The Lok Adalat, in its structure
and memberships, is conceived in that view.3 It is an amorphous crowd of
concerned citizens animated by a common desire for justice and willing to
experiment with consensual models of dispute resolution.4 The Lok Adalat
being an innovative form of a voluntary efforts for amicable settlement of
disputes between the parties and not akin to regularly, constituted law
courts, is expected to supplement and not to supplant the existing
adjudicatory machinery.
It is true that initially, the Lok Adalats were organized under the legal
services programmes. But, Lok Adalat system is not only a part of the legal
aid movement while it is a unique symbol of Indian traditional participatory
justice delivery system. Of course, there is no law against it. In fact, all laws
and the Constitution demand mutual settlement of disputes which, under any
circumstances, is superior to long drawn-out, expensive litigation. There are
comparable provisions in the Civil Procedure Code, Criminal Procedure
Code and in a variety of special and local laws (Family Court Act,

3
K. Gupteshwar, "The Statutory Lok Adalat: Its Structure and Role," 30 JILI, 174 at 177-
178 (1988).
4
Shiraj Sidhva, Quick, Informal, Nyaya, LEXET JURIS, 39 (1988).
2
Arbitration Act, etc.) which enable the court to attempt settlements and
avoid adjudication whenever possible.
Generally speaking, Lok Adalat is a para-judicial institution being
developed by the people themselves. Before the passing of the Legal
Services Authorities Act, it was working in its infancy, trying to find an
appropriate structure and procedure in the struggle of the common people
for social justice. It is born out of a belief that even if State-supported
programmes of legal aid were able to provide legal assistance to every
indigent client that is not sufficient to solve the problems of the poor vis-a-
vis the administration of justice. The poor do not have the staying power
which litigation inevitably involves nor can they expect equal justice in all
stages of the complicated and technical procedures of the law. Even the not
so poor find it prudent to invoke informal processes if available to settle
their disputes. In these circumstances, Lok Adalat phenomenon is an
expression of the disgust and disenchantment of the poor and the middle
class people in respect of the court system as it functions today. 5 It is a
unique ray of hope for the common masseses where they can get the justice
in real sense without any impediments.
We should be clear in our mind as to what Lok Adalat system is,
because some still look skeptically at this experiment, and some suspect it as
a gimmick. Yet there are some persons who see a ray of hope in this new
experiment. The Lok Adalat system is not a substitute for the present
judicial system, but a supplementary to it so that the arrears of cases in
courts of law may be reduced. The system is based on Gandhian principles
because it gives a practical shape to the twin concept of Swaraj and
Sarvodaya propounded by the Father of the Nation. The concept of the

5
Id., 133.
3
Swaraj implies not merely liberation from the foreign yoke but also
emancipation from backwardness, poverty and illiteracy. The concept of
Sarvodaya means well being of all, obliteration of distinction between haves
and have-nots. The system casts duty upon us to work constructively and
actively to uplift the downtrodden from the deep mire of poverty and
ignorance in which centuries of subjugation has immersed them. The Indian
Constitution incorporates the basic concept of justice to all-justice, social,
economic and political and equality before law and equal protection of law.6
The Lok Adalat is a weapon to achieve the above mentioned Constitutional
obligation.
Therefore, the emergence of the concept of Lok Adalat as a new
system of dispensation of justice is a result of social philosophy of judges,
jurists and eminent scholars who are always engrossed in the thought to
establish a new forum for providing inexpensive and quick justice to people.
They see in this system a strong ray of hope and visualize it not as substitute
for the present judicial system but as supplementary to it so that the
mounting arrears are reduced and the consumers of justice may find in it a
sign of relief. The concept of Lok Adalat implies resolution of disputes by
discussion, counselling, persuasion and conciliation so that it dispenses
speedy and cheap justice at the door-steps of disputants with their mutual
and free consent. The Lok Adalats are neither parallel to, nor meant to
replace the existing court system but aimed at reducing the burden of the
courts and saving the parties time, expense and trauma of litigation. It is a
participatory justice system which can only survive with the actively
involvement of lawyers, judges, social workers, reputed persons of the
society and specially the concerned parties to the dispute.

6
Supra note 56, 86.
4
 2) NATURE OF LOK ADALAT :
Lok Adalat an important alternative method used for resolution of disputes,
where justice is dispensed summarily without too much emphasis on
procedural technicalities. It enables the common people to ventilate their
grievances against the state agencies, other citizens and to seek a just
amicable settlement if possible. Such mutually agreed settlements arrived at
by the disputants in the Lok Adalats contribute to the greater social
solidarity and better cohesion among litigants. The salient features of this
form of dispute resolution are participation, accommodation, fairness,
expectation, voluntariness, neighbourliness, transparency, efficiency, less
legal technicalities and lack of animosity.7The followings are some of the
colours and shades of nature of Lok Adalat.

Lok Adalat Implements Indian Cultural Values :

The Lok Adalat is an innovative system invented for dispensation of justice

in a manner compatible with the social, cultural, economic, political and
administrative inheritance of India. The peoples participation in justice
delivery system such as Lok Adalat has prevailed from the time immemorial
as a part of our cultural heritage. 8 The ancient concept of settlement of
dispute through mediation, negotiation or through arbitral process known as
Peoples Court Verdict or decision of Nyaya-Panch is conceptualized
and institutionalized in the philosophy of Lok Adalat.9 After independence,
the Lok Adalats were not constituted under specific rules and regulations

7
Supra note 43, 35.
8
Guman Singh, Permanent Lok Adalat For Public Utility Services: A Statutory Land
Mark, AIR 2003 Jour 354.
9
Supra note 43, 35.
5
made under the legislations. The evolution of the structure of Lok Adalats
has been a gradual process and the founders of the institution have not
attached much importance to this aspect because their mind remained totally
absorbed with the idea of resolving the disputes of the local people speedily
and save their time, energy and money so far as possible.10 Lok Adalat are
held generally, at public places where all the people presented, participate
and persuade the disputants to arrive at a compromise, by following the
principles of justice, truth (Satya), equity and fairness. This kind of
procedure is a unique symbol of our culture and values.

Lok Adalat an Integral Part of Constitution :

The concept of Lok Adalat is an integral part of the Indian Constitutional

Scheme mentioned in Preamble, Part III and Part IV of the Constitution.
Because the Constitution mandates not only to impart justice in its legal
sense, but also social, economic, and political sense. Equal justice and free
legal aid is a directive principle of state policy imbibed in Article 39A
which is particularly concerned with the need of qualitative and effective
justice delivery mechanism. The institution of Lok Adalat has been
developed in the process of implementation of commitments of the
Constitution in order to mitigate not only the problem of justice delays
resulting from adjudication of even ordinary disputes by the normal courts
procedure but also to dispense less expensive justice quickly with the
conciliatory efforts. So, Lok Adalat is a way to achieve the constitution
goals enshrined in different provisions.11

10
Awadh Prasad and G.N. Gupta, Lok Adalat A Probe Into its Organisation and Working
Process, 43(1976).
11
See Constitution of India, Preamble, Arts. 14, 21, 38, 39A and 40.
6
 Lok Adalat Fulfils the Aspirations of Poor :

The Lok Adalat system fulfils the requirement of justice of the poor,
backward and illiterate people who are often intimidated and confused by
the greasy, semantics and substantive and procedural laws and provides
them this approachable system to resolve their disputes while securing
justice. As it is observed by Justice Dr. A.S. Anand, the Lok Adalats are
providing an effective solution to the three main drawbacks facing Indian
justice delivery system which is catalogued in the first three alphabets of
English language. These are :
A) Access to courts,
B) Backlog in courts resulting in delays, and
C) Cost of litigation.12
These drawbacks were putting a fear in the mind of weakened section
of society that they cannot get justice in ordinary courts mechanism. But
Lok Adalats are proving such means which provide justice without delay
and much cost to the socially and economically backward people residing in
distant villages. In this sense, it is a legal instrument which significantly
helps us to achieve the goal of access to justice to all. The Lok Adalats also
bring consciousness among the poor regarding the benefits made available
to them by the Central and State Governments. It is really an institution to
serve the poor by means of dispensing justice for the reason that the poor
need not go out of his village, spend hard earned money and waste weeks
and months in town in litigation and be exploited by lawyers. 13 In the
present judicial system the rich people are in position to win the legal battle

12
A. Subrahmanyam and A.S. Raju, Distributive Justice: Indian Perspective, AIR 2004
Jour 16 at 20.
13
Supra note 25, 170-171.
7
in the courts whereas the poor class feels frustrated due to expensive and
lengthy legal process. However, the Lok Adalat brings the joy on the faces
of poor litigants when the court fee is refunded to them if their matter is
settled by Lok Adalat. Similarly, in pre-litigation cases filed directly in Lok
Adalat, no court fees need to be paid. In this sense, Lok Adalat system
provides almost free justice to all.

Lok Adalat Brings Unity in Society :

The concept of Lok Adalat is a concept of compromise. Here lies the

importance of this mechanism. A society exists because of the give and take
relations that binds its members. Social interaction implies accommodation
and compromise when it is normal. Minus the spirit of accommodation,
interaction perverts into dispute and confrontation. Dispute invites litigation
which does not ensure speedy justice.14 In India, where the entire dilatory
procedure of litigation exists, the Lok Adalat system can give relief to the
disputant. The purpose behind the Lok Adalat is to invoke the consciousness
of the community to maintain local unity and to secure equitable and
substantial justice. The amicable settlements by the Lok Adalats are not
necessarily according to the legal principles. They have their eyes always on
social goals like ending feuds rather pending disputes, restoring peace in the
family, community and the locality and ultimately providing for destitute
law or no law, and also inculcating a nature of amicable settlement of
disputes among the people.15
Lok Adalats involve the people in its proceeding which infuse the
spirit of unity, amity and peace among the litigants. Apart from being a
method of mobilising and involving the people in the judicial process at the
14
Supra note 51, 9.
15
Supra note 25, 170.
8
grass-root level, the Lok Adalat has social advantage of seeing the parties
returning happily to their respective homes relieved from bickerings and
enmity lingering on up to generations.16 Because if the disputes are resolved
through Lok Adalats, parties may be saved from protracted litigation,
anxiety, botheration and bitterness, the large amount of expenses or court
fees and other expenses which they are likely to incur in future litigation by
way of further appeal, etc. The Lok Adalats have a direct impact on the
peoples mind disclosing that the common man yearning for justice leaves
the place of Lok Adalat with happiness and satisfaction. In Lok Adalat,
there is neither victor, nor a vanquished, but there is victory for both
because of concert and conciliation resulting in peace, that a case ends in the
Lok Adalat the enemy disappears. By the settling of dispute the old friends
and family members re-appear.17 Therefore, the Lok Adalat does not only
provide the happiness to the disputants by resolution of their dispute but also
bring unity, peace and order in the society.

Lok Adalat a Participatory Justice System :

Lok Adalat is one of the fine and familiar forums which has been playing an
important role in settlement of disputes. Some people equate Lok Adalat to
conciliation or mediation, some treat it with negotation or arbitration. Those
who find it different from all these, call it Peoples court. It involves
people who are directly or indirectly affected by dispute resolution.18 Lok
Adalat is an appropriate and well-known method of participatory justice in

16
R.K. Mahajan; Practical Evaluation of Himachal Pradesh Experiment, AIR 1988 Jour
136.
17
Supra note 25, 171.
18
Supra note 43, 35.
9
which people and judges participate and resolve their disputes by discussion
and mutual consent.19
The Lok Adalat works as an additional and complementary arm for
existing judicial system. Judiciary through the activist approach has tried to
revive the old strategy of conciliation in the form of Lok Adalat for
amicable settlement of dispute. It may justifiably be said that the concept of
Lok Adalat is the brain child of necessity of Indian Judicial system. It is a
judgeinspired, judge-induced, judge-aided and judge guided strategy which
can easily be understood and appreciated by the people. Basically, this
strategy aims at providing quick and cheap and efficacious justice along
with reducing the backlog of cases pending in courts, with an idea that in
future they prefer the settlement even before the institution of cases in
courts. The whole functioning is based on the free and mutual consent of the
parties to dispute and persistent persuading pursuits of judiciary, social
organisations and voluntary organisations.

3) Wide Jurisdiction of Lok Adalat -

The Lok Adalat system is basically meant for the resolution of peoples
disputes that are pending in the courts or which have not reached the court,
through conciliatory techniques and voluntary actions.20 In this sense, it has
the widest possible jurisdiction to deal with any matter, whatever be its legal
character and in whatever court it might be pending or falling within its
jurisdiction, including the highest court. But, the Lok Adalat has no
jurisdiction in respect of the noncompoundable criminal cases under any

19
Supra note 45, 86.
20
The Legal Services Authorities Act, 1987, Sec. 19(5).
10
law.21 Thus, the serious crimes are kept outside the ambit of Lok Adalat.
Generally, the Lok Adalats settle the disputes concerning mutuation of land,
encroachment on forest lands, family or matrimonial disputes, land
acquisition disputes, cases relating to insurance, bank loan cases, labour
disputes, dishonour of cheque cases, revenue cases, motor vehicles
accidental claims cases, and compundable criminal cases, etc. For the
selection of cases fit for reference to Lok Adalat, no fixed criteria or rules
have so far been laid down by the authorities concerned. However, judges
are competent enough and well-equipped to examine the cases in which the
compromise is possible. Such kinds of cases are referred to Lok Adalat by
the courts. So, the Lok Adalat has wide jurisdiction to settle the all kinds of
disputes except the dispute related to non-compoundable offences.

Lok Adalat based on Democratic Principles :

The Legal Services Authorities Act fulfills the two objectives namely,
granting legal aid services and organising Lok Adalats for providing justice
to the people at their doorsteps. But the legal aid services are provided only
to the eligible persons as per the provision22 of the Act. However, in the case
of Lok Adalat, the criteria for eligibility for legal aid are not applicable for
the very good reason that it should be available in all cases to all persons
irrespective of income of the parties, its object being speedier justice at less
expense to all parties to the litigation, actual and potential. 23 It means that
Lok Adalat can take cognizance of matters involving not only those persons
who are entitled to avail free legal services but of all other persons also, be
they women, men or children and even institutions. In this sense, it provides

21
Id., Proviso of Sec. 19(5).
22
Id., Sec. 12.
23
Supra note 47.
11
equal opportunity to all irrespective of caste, religion, sex, race and wealth
to present the dispute before Lok Adalat for settlement.
The Lok Adalats function purely on democratic principles. There is no
pressure upon parties to settle the disputes through Lok Adalats. The Lok
Adalat is an institution of Indian justice delivery system in which the cases
are referred by consent of disputants or by one of the parties or by court suo
motu or by the concerned authority or committee.24 Before such reference, a
reasonable opportunity of being heard is provided to the parties except
where there is a consensus between the parties.
The Lok Adalats act with utmost expedition in bringing about a
compromise and is guided by legal principles and the principles of justice,
equity and fair play. The compromise implies some element of
accommodation on each side. It is not apt to describe it as total surrender. A
compromise is always based upon the mutual adjustment of the parties. If no
compromise or settlement is or could be arrived at, no order can be passed
by Lok Adalat other than Permanent Lok Adalat. Permanent Lok Adalat is
empowered to decide the dispute, where the parties fail to reach at an
agreement.25 In case if Lok Adalat finds that it is not in a position to pass an
award because efforts to bring about a compromise proved
unsuccessful, it is open to the parties to continue such suit or proceeding so
transferred from the stage at which it was earlier transferred to Lok Adalat.
Similarly, the concerned party may institute proceedings in the proper court
if not already done at the time of application to the concerned authority or
committee for the settlement of case through Lok Adalat.26 Thus, the Lok
Adalat provides justice to all irrespective of their caste, religion, sex, wealth

24
Supra note 74, Sec. 20(1) and (2).
25
Id., Sec. 22C(8).
26
Id., Sec. 20(4),(5) and (6).
12
and income. During its proceeding, it can not impose pressure upon the
parties to the dispute to settle the dispute. Settlement always depends upon
the free and mutual consent of the parties. So, the compromise can only be
made if the concerned parties give their consent.
Uniformity in Structure and Procedure

Therefore, in the Lok Adalat, there is no strict application of

cumbersome procedural laws like Civil Procedure Code, Criminal
Procedure Code and the Evidence Law. The procedure is simple, quick,
flexible, informal and devoid of all technicalities and baffling formalities
but moulded in consonance with the exigencies of the situation. Its
noncontroversial or non-adverial tendency has some degree of uniformity in
approach and methods in order to ensure the fairness and justice. Its
informal procedure conformity only to the requirements of principles of
natural justice, when the key note is justice rather than law. The procedure
and working of the system is also modified in accordance with the local
needs of disputants. However, the Lok Adalats are bound to follow the
principles of justice, equity, fair play and other legal principles.27

Role of Lawyers in Lok Adalat :

It is, generally, said that the lawyers frequently request for adjournments on
the flimsiest of grounds which obviously delay in the process of
dispensation of justice. Therefore, in the Lok Adalat system, it is not
compulsory for lawyers to be appeared on behalf of their parties. The parties
are free to settle the matter on the basis of mutual consent. But lawyers are
also not prohibited to appear before a Lok Adalat. Lawyers have been
showing a commendable sense of participative cooperation in the
27
Sec. 20(4).
13
endeavours aimed at holding successful sittings of Lok Adalat.28 When a
case is referred from a court to Lok Adalat for settlement, the lawyers of the
concerned parties are under legal as well as moral obligation to participate
in the Lok Adalat proceedings. The appearance of lawyers before Lok
Adalat are expected by the society to demonstrate enough commitment to
offer their expertise for the achievement and advancement of the noble
mission of Lok Adalat. Lawyers are helpful in drafting out the terms of the
compromise or settlement, a better marshalling and appreciation of the facts
which sometimes may be complex and persuading the parties for settlement
of the dispute.29 Therefore, the role of lawyers in the Lok Adalat is simply
of advisory nature and help their clients to arrive at a compromise through
their sweet and sincere efforts.

Lok Adalat Depend upon Members Ability :

Assurance of a fair trial is the first imperative of the dispensation of

justice. 30 The decision making process should be fair, transparent and
open. 31 The Lok Adalat is trite forum which implement the above stated
objectives on the basis of principles of honesty. Lok Nyayalaya or Lok
Adalat contemplates to hear and settle the dispute in language of the people,
in the public presence.32 The procedure, generally, followed by Lok Adalat
as a conciliation body, is that it first of all, calls both the parties to disputes
for presentation of their case before it. It asks for elucidation on the points
of disputes and afford opportunities for both the parties to explain their view
points. At this stage, the members of Lok Adalat explain the position of law

28
D.K. Sharma, Lawyers and Lok Adalat, AIR 2004 Jour 251.
29
Id., 252.
30
Police Commissioner, Delhi v. Registrar, Delhi High Court, AIR 1997 SC 95.
31
Dutta Associates Pvt. Ltd. v. Indo Merchantiles Pvt. Ltd., (1997) 1 SCC 53.

14
hearing on the point and clarifies the doubts of parties in respect of their
mutual rights and duties. They endeavour to provide guidelines to parties for
arriving at truth of the matter and take care that interests of neither party are
put on stake while reaching at a settlement. It is an old saying that judgment
is not only to be had but also should be felt. Therefore, the members try
their best to set an equilibrium between the once warring factions and see
that the interests of one party are not sacrificed while safeguarding the
interests of the other one. An agreement is finally drawn on the basis of the
free consent of the parties. Both the parties should have the feeling of
satisfaction that they have been provided full and fair justice.
Voluntary acceptance of the solution to the dispute is the essence of
the conciliation. Nothing can be imposed on the parties to the dispute.
Power and authority are the very antithesis of the spirit in which really
effective conciliation is carried on. It is primarily the responsibility of the
conciliator that he must keep negotiation/talks moving towards settlement.
For this, he must encourage the parties to explore fresh avenues and choices,
offer suggestions and alternative proposals, guide the discussions by feeding
valuable information, etc. During this process, the great emphasis is laid on
the traditions, culture, economic and social status, advantages of
compromise and social values of the parties because if due weightage is not
given to the economic and social status during the time of compromise there
remains great probability of ego clash which would definitely result in filing
of another suit in the law courts.33
During the proceeding of Lok Adalat the members must act as a
neutral, experienced, intelligent, objective and benevolent participant in the
efforts of the parties to negotiate settlement, knowing fully well, that they do

33
51, 54-55.
15
not have a feeling of irritation and frustration in the event of no settlement.
Their role is to clarify law and by gentle persuasion to convince the parties
how they stand to gain by an agreed settlement.34 They must attempts to
inculcate the sense of reasoning in the minds of parties to dispute by having
deep insight into their minds after the study of their psychology, their
leanings and prejudices. They must make all possible alternative proposals
for mutual settlement but must not impose their decision on the disputants.
The method adopted by them is of persuasion, legal and factual guidance,
advice, mutual give and take. They have to proceed to dispose of the case
and arrive at a compromise or settlement between the parties in an
expeditions manner, guiding itself and its procedure according to the
principle of justice, objectivity, equity and fair play.35

4) Lok Adalat as a Court -

Lok Adalat means peoples court but, in its accepted connotation, it is not a
court. It is a alternative dispute resolution forum where voluntary efforts
intended to bring about settlement of disputes between the parties are made
through conciliatory and persuasive efforts. However, the Lok Adalat has
got the status of a Civil Court in respect of the matters36 such as summoning
of witnesses, examination of witnesses, discovery of documents, reception
of evidences on affidavits, and requisitioning of public record or documents.
All proceedings before a Lok Adalat for the determination of the dispute are
deemed to be judicial proceedings.37 The award of Lok Adalat is deemed to
be a decree of Civil Court and final and binding on all the parties to the

34
Supra note 49, 132.
35
J.S.Bisht, Lok Adalat: A Mechanism of Alternate Dispu Resolution, 31 Indian Bar
Review, 165 at 179(2004).
36
Supra note 74, Sec. 22 (1) and (2).
37
Id., Sec. 22(3).
16
dispute. No appeal can be made to any Court against such award of Lok
Adalat.
So far as the implementation aspect of the decision of Lok Adalat is
concerned, the moral sanctity, popularity and approval enjoyed by the Lok
Adalat have helped it in getting its decision executed and implemented by
the disputants. The Lok Adalat does not believe in the coercive method, but
relies solely on its moral and social force to have its decisions carried
out.38Therefore, most of the disputant voluntarily takes upon themselves the
responsibility to fulfil the obligations imposed upon them by the Lok Adalat
either because of public pressure upon them or because of the self-
realisation of any mistake or offence committed by them and the necessity
of rectifying that mistake by fulfilling the obligation imposed by the Lok
Adalat in that respect.39 In present days the Lok Adalat system is governed
by Legal Services Authorities Act. As per that Act, the award of Lok Adalat
is treated as a decree of civil court from which the case is referred to Lok
Adalat for settlement, so, such award can be executed by such court in
accordance with the provision of CPC.
Keeping in mind the powers of Lok Adalat, it will not be wrong to say
that Lok Adalat has some features of the Civil Court but it is certainly
distinct from the law Courts. Lok Adalat cannot pass the order exparte
decree and order to dismiss any case for default and sentences in the manner
the regular Courts does. The presence of the opposite party in the Lok
Adalat is essentially necessary if any dispute is to be heard and settled by it.
It cannot pass any order for the confiscation of an offenders property if he
avoid to be present before the Lok Adalat. The Lok Adalat cannot take any
steps to make ones presence obligatory. The power to summon the party is

38
Supra note 62, 74.
39
Id., 76.
17
not at all vested in the Lok Adalat, rather it all depends only on the extent of
social and moral pressure which it can exert on the disputant.40 Because the
working of Lok Adalat at all stages of its proceeding depend upon the free
consent of parties so it can only persuade the parties to settle the dispute
through it but can not compel the party to come and settle the matter.

Lok Adalat Strengthen Human Relations :

Lok Adalat system is not visualized as a supplant to court system but

supplementary machinery to get resolved pending cases in the courts of law.
Resolution of cases through Lok Adalat is a composite endeavour.41The true
basis of settlement of dispute by the Lok Adalat is the principle of mutual
consent and voluntary acceptance of the solution with the help of
conciliator. The basic purpose of Lok Adalat is not merely to give justice
based on evidence, law, and legal know-how but the approach is to the very
human problem itself.

The concept of Lok Adalat revolves around the principle of creating

awareness amongst the poor, innocent, illiterate and ignorant people to the
effect that their welfare and interest really lies in arriving at immediate and
peaceful settlement of their dispute. It is to make them conscious of the fact
that the only suitable remedy with them is in getting rid of their case by a
single decision through, compromise. It will save not only their hard-earned
money, time, but multiplicity of litigation, by being involved in appeal,
review, revision, remand, etc., the never ending chain. It is the basic
philosophy of the Lok Adalat to see that the tension, enmity, disquietude of
the party are shunned away by resolution of their case. Lok Adalat is to

40
Id., 124.
41
Supra note 45, 186.
18
generate an environment of friendship by making the people to understand
that their relief lies not in enmity by winning the case but by resolution in
mutual friendship and brotherhood. It will create an atmosphere of goodwill
amongst the parties, which in ultimate analysis will bring peace in the
society at large.42
The main aim of Lok Adalat is humanitarian aspect and the basic
purpose of the Lok Adalat is not to impose the justice but handling over
justice with mutual and free consent of the parties. The people are awakened
to their own rights and duties vis-a-vis the rights and duties of others. There
is a rational thinking on the part of both the parties to a dispute, without
going towards adversary system of proving or disproving guilt. It is seen
that both the parties accept a solution as agreed to by them or suggested by
the members of Lok Adalat. In this solution, actually none of the disputants
is held totally guilty or totally innocent and the dispute or conflict is
resolved through conciliation on the give and take basis. The Lok Adalats
act as a middle agency in finding out a solution which is beneficial and
agreeable to both the parties. The procedure and results are really
determined in a significant manner by the attitude of the disputants.43 By
adopting this attitude, the Lok Adalats strengthen the human relations in
society. Thus, the significant objective of Lok Adalat is to settle the disputes
by discussions, counselling, negotiations, conciliation and by adopting
persuasive commonsense and humane approach to the problems of the
disputants.

42
Supra note 25, 173.
43
B.R. Patil; Conciliation in India, 22(1977).
19
 Lok Adalat and other Dispute Resolution Systems :

Delay in justice and expensive legal procedure have been perennial features
of the justice delivery machinery of the country. As a result, there are
various other systems involved in the process of dispensation of justice such
as Gram Nyalalaya, Khap Panchayat and the Plea Bargaining. They have
some similar features with the Lok Adalat. They also emphasize on the
settlement of the dispute with the purpose to reduce the workload of the
courts and to render justice to the disputants at their locality or village. It is
desirable to mention here about the comparative study of these system with
the Lok Adalat system.

5) Plea Bargaining and Lok Adalat System -

Plea Bargaining as a method of disposing of pending cases and rendering

justice is extremely new to Indian Criminal Justice System. To reduce the
delay in disposal of criminal cases, as recommended by the Law
Commission of India in its 154th Report and also by the Malimath
Committee Report on Reforming Criminal Justice system, the provisions of
Plea Bargaining have been incorporated as a new chapter XXI-A into Code
of Criminal Procedure through the Criminal Law Amendment Act, 2005. A
Plea bargain is an agreement in a criminal case in which a prosecutor and a
defendant arrange to settle the case against the defendant. The defendant
agrees to plead guilty or no contest in exchange for some agreement from
the prosecutor as to the punishment. A plea bargain can also include the
prosecutor agreeing to charge a lesser crime, and dimissing some of the
charges against the defendant. In most cases, a plea bargain is used to

20
reduce jail sentence, time or fines associated to the crime being charged
with.44
It is needful to make a mention that the chapter related to Plea
Bargaining is applied in respect of an accused against whom, if the report
about the commission of an offence has been forwarded by the Police
Officer under Section 173 of CrPC or if a Magistrate has taken cognizance
of an offence on complaint, other than an offence for which the punishment
of death or of punishment for life or of punishment for a term exceeding
seven years has been provided.45But, the system of Plea Bargaining does not
apply in socio-economic offences or the offences against a woman, or a
child below the age of fourteen years.46
In the process of Plea Bargaining, firstly, an accused files an
application which contains the brief description of the case and offence, in
the court where the trial is pending. Such application is accompanied by an
affidavit of accused in which he states that he has voluntarily preferred the
plea bargaining after understanding the nature and extent of punishment
provided under the law for the offence committed by him and that he has not
previously been convicted by a court in a case for the commission of the
same offence. After receiving the application, the court calls to the public
prosecutor or the complaint and to the accused to appear on the date fixed
for the case. Then on fixed date, the court examines the accused in camera
to ascertain whether the application has been filed voluntarily. If the Court
is satisfied that the application has been filed voluntarily, it provides time to
the public prosecutor or the complainant, and accused to work out a
mutually satisfactory disposition of the case voluntarily which may include

44
Saumya Mishra, "The Criminal Justice System and Plea Bargaining in India, "CrPC 2008
Jour 145.
45
Code of Criminal Procedure, 1973, Sec. 265A.
46
Ibid.
21
the compensation and other expenses to the victim by the accused. 47 If a
settlement is reached, the court can award compensation based on it to the
victim and then hear the parties on the quantum of the punishment. The
Court may release the accused on probation or may sentence the accused to
half of such minimum punishment; if the offence committed does not fall
within the ambit of the above, then the accused may be sentenced to one-
fourth of the punishment provided or extendable for such offence.139 The
court then delivers the judgment in open court according to the terms of the
mutually agreed disposition and the formula prescribed for sentencing.140
It is essential to note here that the judgment is final and no appeal lies
other than filing a writ petition under Articles 226, 227 and 136 of the
constitution. 48 The statements or facts disclosed by an accused in an
application for Plea Bargaining can not used for any other purpose. The
system of Plea Bargaining is merely applicable in limited criminal cases,
and not in serious crimes such as murder, rape, dacoity, etc. and socio-
economic offences. The Plea Bargaining provides opportunity to an accused
who feels contrite and wants to make amendments or is honest and candid to
plead guilty in the hope that the community will enable him to pay the fine
for the crime with a degree of compassion, then he deserves to be treated
differently from the accused who seeks trial involving considerable time,
cost and money at the cost of the community. 49 Therefore, the plea
bargaining is the concept which is only concerned with the settlement of
criminal cases and does not bring the civil cases in its scope.
On the other hand, the Lok Adalat system has jurisdiction to settle
both kinds of disputes such as civil and criminal. But serious criminal

47
Id., Sec. 265B.
48
Id., Sec. 265G.
49
Supra note 135, 147.
22
offences are kept beyond its domain. Lok Adalat only strives to make a
compromise between the parties while Permanent Lok Adalat has also
power to adjudicate the dispute if no settlement is made by the parties. The
Lok Adalats are authorized to deal with the disputes at pending litigation
stage as well as pre-litigation stage. The resemblance between these two
system as Plea Bargaining and Lok Adalat, is that both lays down emphasise
on the amicable compromise between the disputants in their respective field.
In the light of comparative study of Lok Adalat system with other
systems, it is observed that Lok Adalat is an unique institution which is
supported by all the segments of people such as judges, lawyers, law
teachers, social workers litigants and common masses also. It does not only
stress to end the dispute between the parties but also strongly convince the
parties to harmonise their relation which will strengthen the unity of society.

6) BENEFITS OF LOK ADALAT -

The benefits that litigants derive through the Lok Adalat are many. First,
there is no Court-fee and even if the case is already filed in the regular
Court, the fee paid will be refunded if the dispute is settled at the Lok
Adalat. Secondly, there is no strict application of the procedural laws and
the Evidence Act while assessing the merits of the claim by the Lok Adalat.
The parties to the disputes though represented by their advocate can interact
with the Lok Adalat Judge directly and explain their stand in the dispute and
the reasons therefore, which is not possible in a regular Court of law.
Thirdly, disputes can be brought before the Lok Adalat directly instead of
going to a regular Court first and then to the Lok Adalat. Fourthly, the
decision of the Lok Adalat is binding on the parties to the dispute and its
order is capable of execution through legal process. No appeal lies against

23
the order of the Lok Adalat whereas in the regular law Courts there is
always a scope to appeal to the higher forum on the decision of the trial
Court, which causes delay in the settlement of the dispute finally. The
reason being that in a regular Court, decision is that of the Court but in Lok
Adalat it is mutual settlement and hence no case for appeal will arise. In
every respect the scheme of Lok Adalat is a boon to the litigant public,
where they can get their disputes settled fast and free of cost. The system
has received laurels from the parties involved in particular and the public
and the legal functionaries, in general. It also helps in emergence
of jurisprudence of peace in the larger interest of justice and wider sections
of society. Its process is voluntary and works on the principle that both
parties to the disputes are willing to sort out their disputes by amicable
solutions. Through this mechanism, disputes can be settled in a simpler,
quicker and cost-effective way at all the three stages i.e. pre-litigation,
pending-litigation and post-litigation.

In every respect the scheme of Lok Adalat is a boon to the litigant public,
where they can get their disputes settled fast and free of cost. They get faster
and inexpensive remedy with legal status. Success of Lok Adalats in India
can be judged from the number of cases settled by the Lok Adalats in all the
States. The difference between the work done by Lok Adalats and the
regular courts becomes much more marked if one takes into account the
number of cases settled at various Lok Adalats and compares them to the
corresponding figures for those decided by regular courts. The table below
shows the number of Lok Adalats held in all the States till 30th November
2011 from its inception, number of MACT (Motor Accidents Claims
Tribunal) cases settled, number of total cases settled and compensation
awarded in MACT cases:

24
 No. of Cases
No. of No. of Compensation
Settled
State/Union Lok MACT awarded in
(inclu.
Territory Adalats Cases MACT Cases
MACT
held Settled (in Rs.)
Cases)
Andhra
1,59,110 1,12,169 14,31,481 9,93,71,01,396
Pradesh
Arunachal
481 549 4,925 3,01,37,176
Pradesh
Assam 3,976 22,869 2,47,406 1,26,75,88,835
Bihar 20550 120135 8,25,871 93,89,46,619
Chhattisgarh 9365 8329 81072 759240532
Goa 658 5206 8004 306091648
Gujarat 113239 182344 6864186 10739579473
Haryana 13954 34868 1165674 3289016583
Himachal
5614 5414 93014 422908879
Pradesh
Jammu &
3365 8527 119594 1609457800
Kashmir
Jharkhand 18166 3487 147598 489116740
Karnataka 76463 132589 1298306 6250538966
Kerala 23722 121157 285533 5064256058
Madhya
33645 121096 3022786 9227305797
Pradesh
Maharashtra 32375 82614 1173676 9615545572
Manipur 43 1170 1185 57221500
Meghalaya 109 926 6157 110729186
Mizoram 1268 240 1272 6094080

25
 Nagaland 99 1049 1648 109098322
Orissa 12099 44128 4067482 3002792997
Punjab 18964 16889 999956 1472283274
Rajasthan 112633 598919 2365331 5373836690
Sikkim 1068 160 4008 9101000
Tamil Nadu 244675 154380 547320 14513720409
Tripura 568 3103 23756 67753578
Uttar Pradesh 37934 72431 8223824 5742022194
Uttrakhand 1209 4121 241993 442574460
West Bengal 17873 34271 193645 2454330542
And. & Nico.
158 24 1789 3736468
Islands
U.T.
6145 17842 192396 1221173175
Chandigarh
D & Nagar
12 119 1781 12007699
Haveli
Daman & Diu 8 61 135 3099000
Delhi 10937 19287 589464 3048379536
Lakshadweep 73 11 131 435000
Puducherry 854 7967 28958 284499244
SCLSC 6 44 179 --
Total 981418 1938495 34261536 97881720428

The efforts of the Punjab Legal Services Authority (PLSA) in resolving

disputes through innovative methods have not gone unnoticed. The Union
government has asked to all the states to follow Punjabs example in
successful usage of Alternate Dispute Redressal (ADR) mechanism to deal

26
 50
high number of consumer cases. Even the International Labour
Organization (ILO) has appreciated the Punjab experience in Alternate
Dispute Redressal of Labour dispute cases.

At an ILO conference in Manesar (Haryana) in 2005 representatives of eight

countries decided to study the Punjab experience in detail and then to
suggest their respective governments to implement the same. The ILO has
also sought details from the Punjab Government on the mechanism, adopted
by the Lok Adalats in settling Labour disputes out of court and that too in a
matter of hours.

On the basis of study of concept and nature of Lok Adalat following

are the striking advantages of the Lok Adalat system .
1. There is no court fee and if the court fee is already paid at the time of
institution of the case such amount will be refunded to the concerned
party if the dispute is resolved by the Lok Adalat. The dispute are settled
without bearing any expenses by the parties.
2. Lok Adalats are empowered to settles the both kind of matters which are
already pending before courts and which are at pre-litigation stage. The
parties have an oportunity to bring the dispute before this institution at
any time irrespective of whether the case is instituted in the court of law
or not.
3. The procedure followed by Lok Adalat is simple, flexible, non-technical
and informal. There is no strict application of procedural laws like Civil
Procedure Code and Evidence Act while determining the claims of the
parties by Lok Adalat.

50
Article by Maneesh Chibber, published in the Tribune dated March 4, 2006.
27
4. The lawyers are not essential to be appeared during the conciliation
process of Lok Adalat. However, they can assist the Lok Adalat in its
proceeding by helping the parties to understand contentious issues and
available alternatives and can persuade them to arrive at a settlement of
the dispute.
5. It dispenses justice to the disputants through collaborative and
participatory efforts of lawyers, law teachers, judges, administrative
authorities and social workers who actively participate in the resolution
of the dispute by discussion, counselling, persuasion, conciliation and
humane approach.
6. Lok Adalat provides justice speedily to the parties, generally, when it
resolve the cases in a single day. In this sense it helps to reduce the huge
arrears in courts of law.
7. The award of Lok Adalat is final and binding. There are no further
appeals, revisions or review applications. Therefore, the dispute
ordinarily comes to an end.
8. The Lok Adalat system helps to create awareness among the people
about their rights and duties mentioned in numerous social and welfare
legislations. Lok Adalats are organised at various places such as villages,
slum areas, industrial areas, labour colonies, towns and in jails, etc.In
this way, it takes justice at the door-steps of the people.
9. The Lok Adalat settle the dispute on the basis of compromise and in the
spirit of 'give and take'. Thus, there is neither a victor nor a vanquished
and both the contestants are gainers and winners. They leave the
premises smiling with no rancour or ill feeling for the other which
ultimately leads to happiness and well being of the society. So, the drive
behind the Lok Adalat is the roused consciousness of the community to

28
 prevent disruption of local unity and to secure substantial equity and
social justice, in a mood of human solidarity.

7) Important Precedents

a) Thomas v. Thomas Job 51

The award of the Lok Adalat is fictionally deemed to be decrees of the
Court and therefore the courts have all the powers in relation thereto as it
has in relation to a decree passed by itself. This includes powers to extend
time in appropriate cases. The award passed by the Lok Adalat is the
decision of the Court itself though arrived at by a simpler method of
conciliation instead of the process of arguments in court. The effect is the
same. The effort shall be to give life and enforceability to a compromise
award and to defeat it on technical grounds. The award of Lok Adalat is
final and permanent which is equivalent to a decree executable and the same
is ending to the litigation among parties. Held 2003 (3) KLT 936 not good
law.
b) Thomas v. Florence52
Which court to execute the award of the Lok Adalat? It would be the court
of competent jurisdiction that would have entertained the matter for trial,
had the matter not been settled in the Lok Adalat.
c) Krishnakumari v. Venugopal 53
Settlement arrived at by the Lok Adalat shall be guided by the principles of
natural justice, equity, fair play and other legal principles. Lok Adalats are

51
2005 (3) KLT 1042 SC.
52
2006 (3) KLT 717.
53
2005 (2) KLT 185.
29
not meant to bring down the pendency of cases somehow. When matters
over which Family Courts are having jurisdiction are dealt with by Lok
Adalats, the decisions arrived at must be in consonance with the provisions
contained in Section 9 of the Family Courts Act. Award can be interfered
with by the High Court, under Articles 226 and 227 of Constitution, if a
patent illegality is involved.
d) Chandran v. Prakasan 54
The finality of the award of the Lok Adalat will not bridle the power of the
Court to re-determine or cancel the maintenance as provided for u/Sec 127
of Cr.P.C.
e) State of Karnataka v.Gurunath55
As per the charge sheet, the offence is u/Sec 326 which is not
compoundable. But the medical certificates make out only an offence u/Sec
324 which is compoundable. The reference to Lok Adalat is valid.
f) State of Punjab v. Phulan Rani56
Difference between the terms compromise and settlement. Compromise
means settlement of difference by mutual concessions. Settlement denotes
termination of legal proceedings by mutual settlements.
g) Moni Mathai Others v. Federal Bank Ltd.57
Lok Adalat shall not take advantage of ignorance of a party and close their
eyes to the legal effect of the terms of settlement.
h) Sailendra Narayan Bhanja Deo v. The State of Orissa58

54
2005 (4) KLT 1038.
55
2000 Crl.L.J. 1192 (Karnataka).
56
AIR 2004 SC 4105 / 2004 (7) SCC 555.
57
2003 (1) KLJ 406.
58
AIR 1956 SC 346.
30
The judgment by consent or default is as effective an estoppel between the
parties as judgment whereby the court exercise its mind on a contested case.

8) Significance of Lok Adalat -

Camps of Lok Adalat were started initially in Gujarat in March 1982 and
now it has been extended throughout the Country. The evolution of this
movement was a part of the strategy to relieve heavy burden on the Courts
with pending cases. The reason to create such camps were only the pending
cases and to give relief to the litigants who were in a queue to get
justice.Seekers of justice are in millions and it is becoming rather difficult
for the Courts to cope up with the ever-increasing cases with the present
infrastructure and manpower. Courts are clogged with cases. There is
serious problem of overcrowding of dockets. Because of the ever-increasing
number of cases the Court system is under great pressure. Therefore, if there
was at the threshold a permanent mechanism or machinery to settle the
matters at a pre-trial stage, many matters would not find their way to the
Courts.
Similarly, if there are permanent forums to which Courts may refer cases,
the load of cases could be taken off the Courts.In order to reduce the heavy
demand on Court time, cases must be resolved by resorting to 'Alternative
Dispute Resolution' Methods before they enter the portals of Court.
Here comes the significance of Lok Adalat which has showed its
significance by settling huge number of Third Party claims referred by
Motor Accident Claim Tribunal (MACT). Except matters relating to
offences, which are not compoundable, a Lok Adalat has jurisdiction to deal
with all matters. Matters pending or at pre-trial stage, provided a reference is
made to it by a court or by the concerned authority or committee, when the
31
dispute is at a pre-trial stage and not before a Court of Law it can be referred
to Lok Adalat. Parliament enacted the Legal Services Authorities Act 1987,
and one of the aims for the enactment of this Act was to organize Lok
Adalat to secure that the operation of legal system promotes justice on the
basis of an equal opportunity.
The Act gives statutory recognition to the resolution of disputes by
compromise and settlement by the Lok Adalats. The concept has been
gathered from system of Panchayats, which has roots in the history, and
culture of this Country. It has a native flavour known to the people. The
provisions of the Act based on indigenous concept are meant to supplement
the Court system. They will go a long way in resolving the disputes at
almost no cost to the litigants and with minimum delay. At the same time,
the Act is not meant to replace and supplants the Court system. The Act is a
legislative attempt to decongest the Courts from heavy burden of cases.
There is a need for decentralization of justice.
Since April 1985, Lok Adalats have been exclusively organized for
settlement of motor third party claims. Although the concept of Lok Adalat
was very much vogue claims through this medium as both claimants do and
the Insurance company get benefit out of it. That is the reason why
Insurance Companies are interested in settling Third Party claims by Lok
Adalats.
The increase in cases in Motor Accident Claim Tribunal (MACT) and
backlog of pending cases pressed the insurer and the judicial system to think
about the quick disposal oriented system like Lok Adalat/Conciliatory
forums should be utilized to optimum level.Lok Adalat now is playing sole
role in solving disputes and settling MACT cases. It has become a Dispute
Management Institution. It is an informal system of dispute resolution. This
32
is the expeditious method to settle large number of MACT claims. It is the
best provisions by the effort of judiciary. Disposal through Lok Adalat is the
only panacea for controlling the arrears of cases. Insurance Company can
save additional interest.
The greatest challenge that the justice delivery system faces today is the
delay in disposal of cases and prohibitive cost of litigation. ADR was
thought of as a weapon to meet this challenge. Justice Mali math Committee
in 1990 stressed the importance of ADR mechanism to supplement the legal
forum with a view to relieve law courts of the burden of overflowing
dockets.59
Lok Adalats, perhaps, because the Legal Services Authorities Act, 1987
which envisages constitution of legal services authorities to provide free and
competent legal service to the weaker sections of the society to ensure that
opportunities for securing justice are not denied to any citizen by reason of
economic or other disabilities and to organize Lok Adalats to see that
operation of the legal system promotes justice on the basis of equal
opportunity. The alternative modes of settlement of disputes have been
given impetus by the amendments to the Recent Code of Civil Procedure,
1908. Under the Code of Civil Procedure, 1908, s. 89, courts have been
empowered to explore the possibilities of settlement of disputes through Lok
Adalats, arbitration and conciliation.
Barring matters relating to an offence not compoundable under any law, the
Lok Adalat has jurisdiction to determine and arrive at a compromise in

59
K.A. Abdul Gafoor, J., The Concept of Permanent Lok Adalat and the Legal Services
Authorities Amendment Act, 2002, (2003) 5 SCC (Jour) 33.
33
respect of any case which falls within its jurisdiction. Taking cognisance of
the cases by Lok Adalats is governed by s. 2060, which states:
It may be inferred that after the establishment of lok adalats, ithas done a
commendable job in speedy disposal of cases even though much more is
needed to be done in this arena, nevertheless its worth mentioning. The
legislature has also done a commendable job by removing every kind of
possible difficulties for the smooth functioning of this eminent feature of the
judiciary.
The most important aspect brought in by the legislature in this regard in that
the award of the Lok Adalat is not made subject to any appeal. However in
certain conditions it is made subject to an appeal.
According to s. 21, award of Lok Adalat is fictionally deemed as decree of
court. As the award passed by the Lok Adalat is deemed to a decree of a
civil court, execution may be carried out, and any contrary view execution
may be carried out, and any contrary view might defeat the purpose of Lok
Adalats and the award such passed by it is taken to be final and so appeal
will lie from such award.
The provision of the Act has been very well illustrated in the case of P.T
Thomas vs. Thomas Job61 decided on 04 August 2005. The prime question
before the Apex Court was whether an award passed by a Lok Adalat may
be questioned in a court of appeal. The Apex Court observed that the award
of the Lok Adalat is fictionally deemed to be decree of a court and therefore

60
Legal Services Authorities Act, 1987, s. 20(1) wherein any case referred to in s.
19(5)(i)(a), cl. (i) the parties thereof agree; or (b) one of the parties thereof makes and
application to the court, for referring the case to the lok adalat for settlement and if such
court is prima facie satisfied that there are chances of such settlement; or (ii) the court is
satisfied that the matter is an appropriate one to be taken cognisance of by the lok adalat; the
court will refer the case to the lok adalat: Provided that no case will be referred to the Lok
Adalat under sub-cl. (b) of cls. (i) or (ii) by such court except after giving a reasonable
opportunity of being heard to the parties.
61
2005 (3) KLT 1042 SC.
34
the courts will have all the powers in relation thereto as it has in relation to a
decree passed by it. Such award will be passed by the Lok Adalat after the
consent of the parties, therefore there is no need either to reconsider or
review the matter again and again, as the award passed by the Lok Adalat
will be final. Even as under the Code of Civil Procedure, 1908, s. 96, no
appeal will lie from a decree passed by the court with the consent of the
parties.
In this context, it is worth mentioning, Punjab National Bank v.
Lakshmichand Rai,62 where the high court held that the provisions of the
enactment will prevail in the matter of filing an appeal and an appeal may
not lie under the provisions of the Code of Civil Procedure, 1908, s. 96. Lok
Adalat is conducted under an independent enactment and once the award is
made by Lok Adalat, the right of appeal will be governed by the provisions
of the Legal Services Authorities Act, 1987 and appeal may be when it has
been specifically barred under provisions of s. 21(2), no appeal may be filed
against the award under the Code of Civil Procedure, 1908, s.96.
The court further stated that it may incidentally be further seen that even
the Code of Civil Procedure, 1908 does not provide for an appeal under s.
96 against a consent decree. The Code of Civil Procedure, 1908 also intends
that once a consent decree is passed by civil court finality is attached to it.
Such finality may not be permitted to be destroyed, particularly under the
Legal Services Authorities Act, 1987, as it may amount to defeat the very
aim and object of the enactment with which it has been enacted; hence, we
hold that the appeal filed is not maintainable.

62
2000 INDLAW MP 201, AIR 2000 MP 301.
35
In a similar observation63 the High Court of Andhra Pradesh held that, the
award is enforceable as a decree and it is final. In all four, the endeavour is
only to see that the disputes are narrowed down and make the final
settlement so that the parties are not again driven to further litigation or any
dispute. Though the award of a Lok Adalat is not a result of a contest on
merits just as a regular suit by a court on a regular suit by a court on a
regular trial, however, it is as equal and on par with a decree on compromise
and will have the same binding effect and conclusive just as the decree
passed on the compromises may not be challenged in a regular appeal, the
award of the Lok Adalat being akin to the same, may not be challenged by
any regular remedies available under law including invoking the
Constitution of India, art.226 challenging the correctness of the award on
any ground. The award of Lok Adalat is final and permanent which is
equivalent to a decree executable, and the same is amending to the litigation
among parties.
However in certain circumstances, court may entertain an appeal for
questioning an award passed by the Lok Adalat. This aspect was very well
explained by the Karnataka High Court, on 03 August 2001 in The
Commissioner, Karnataka State Public Instruction (Education), Bangalore
v. Nirupadi Virbhadrappia Shiva Simp. 64 The question was whether high
court in exercise of its jurisdiction under Arts. 226 and 227 may interfere in
matter to put at rest impugned order in face of s. 21(2) which bars any
appeal to any court against award power of judicial review in given case is

63
Board of Trustees of the Port of Visakhapatnam vs. Presiding Officer, Permanent, Lok
Adalat cum- Secretary, District Legal Services Authority, Visakhapatnam, 2000 (5) ALD
682; also refer to Raja Sri Sailendra Narayan Bhanja Deo vs. State of Orissa, 1956 IND
LAW SC.
64
2001 INDLAW KAR 359, 2001 AIR(KAR) 504.
36
implicit under Constitution unless expressly excluded by provisions of
Constitution.
In this case, the petitioners had challenged the award passed by the Lok
Adalat. The writ petition had brought in certain important questions of law
which certainly had a big bearing on the functioning of Lok Adalats. The
petitioner among other issues had raised that is the role of Lok Adalat
limited to merely striving to bring about a compromise or can it go beyond
that and decide the dispute even where one of the parties to the dispute is not
agreeable for a compromise but is keen to fight it out on merits. Along with
the previous issue, the petitioner had also sought for clarification as to what
is the remedy available to the state when it is facing the wrong end of the
stick as a result of an order passed by the Lok Adalat. Should the order be
final or is it open to challenge under Arts.226 and 227 of the Constitution of
India?
The Honble High Court observed that the order in the case does not bear
out that the parties were subsequently heard on the question of reference,
except noting their presence. The power to refer the case to Lok Adalat
vested in the civil court under s. 20 of the enactment being subject to the
rider as contained in the proviso; any reference either under Sub-cl. (b) of
cls. (i) or (ii) will be invalid if the parties are not heard in the matter. When
the reference made is not valid in the eye of law, the Lok Adalat would not
derive jurisdiction to determine any dispute and the Lok Adalat may not
take cognizance of the case under s. 20 sub-s. 3. The civil court even if
prima facie is satisfied under cl. I, sub-cl. b that there are chances of
settlement, still it is barred from acting there under if s. 20 proviso is not
complied with by giving a reasonable opportunity. Compliance with the
proviso to s. 20 is condition precedent for reference by the civil court. The

37
civil court even if prima facie is satisfied under cl. (i), sub-cl. (b) that there
are chances of settlement, still it is barred from acting there under if the s. 20
proviso is not complied with by giving a reasonable opportunity.
Compliance with the s. 20 proviso is condition precedent for reference by
the civil court.
The next obvious question that comes forward and has also put in the
forefront is as to what must happen to such an order and whether the high
court in exercise of its jurisdiction under the Constitution of India, art. 226
and 227 may interfere in the matter to put at rest the impugned order in the
face of s. 21(2) which bars any appeal to any court against the award of the
Lok Adalat. The court observed that the power of judicial review in a given
case is implicit under the Constitution unless expressly excluded by a
provision of the Constitution. This power is available to correct any order
passed by a statutory authority which is violating of any of the provisions of
the statute. The Lok Adalat is a creation of statute and gets jurisdiction from
it and hence this court is competent to go into an order passed by it, to
decide whether the order in question is valid in law. The writ jurisdiction of
the high court may not be circumscribed by provisions of any enactment as
is to be found in s. 21 and it may always exercise its jurisdiction if an order,
left alone, would amount to abrogating the rule of law.
Therefore it may be inferred that an award passed by the Lok Adalat is final
and no appeal lies against such award but however if the court referring a
matter to the Lok Adalat fails to adhere with the provisions laid down in the
Legal Services Authorities Act, 1987 then such award will be null and void
and will not be a binding on the parties and the matter will revert back to the
referring court.

38
In Khatri Vs. State of Bihar65,it has been held that the Constitutional duty to
provide legal aid arise from the time the accused is produced before the
Magistrate for the first time Continues whenever he had produced for
remand.
In Madav Hayavadanrao Hoskot vs. State of Maharastra66, it has been held
that a person entitled to appeal against his/her sentence has the right to ask
for a counsel, to prepare and argue the appeal.
Section 304 of Criminal Procedure Code also provides that if the accused
does not have sufficient means to engage a lawyer, the court must provide
one for the defence of the accused at the expense of the state.
Beside this The Magistrates and sessions judges must inform every accused
who appears before them and who is not represented by a lawyer on account
of his poverty or indigence that he is entitled to free legal services at the cost
of the State.

9) Goal of Lok Adalat: Measures for its Achievement

There is a Latin maxim that interest republicae ut sit finish litimus it is the
interest of the State that there should be an end of law suits.
The concept of Lok Adalat is based upon to achieve this goal. In Lok Adalat
the cases are decided on the basis of amicable settlement. Settlement by
compromise ends litigation. A Lok Adalat is a rustic tribunal based on the
concept of village panchayat. Most of the litigation in our Court is rural. A
judicial system based on common law and strict rules of procedure is not
common law and strict rules of procedure is not suited to our primitive rural
society. Therefore a different system is needed. The concept of Lok Adalat

65
AIR 1981 SC 1068.
66
AIR 1978 SC.
39
derives from this requirement. Lengthy procedure and healthy life of
litigation also contribute to develop something different from ordinary law
Courts.
As nomenclature denotes it is a Court of ordinary masses where a litigant
can express his grievances by open mind, without hesitation and directly to
the Court. It is something different from Court of law. It aims towards
conciliation between confliction interest and justice. When conciliation fails
a Lok Adalat is not empowered to adjudicate the matter except in case of
public utility services. Therefore the scope of Lok Adalat is limited to cases
when parties are at settlement and have resolved their disputes. In our civil
and criminal procedural law there is an effective provision for compounding
of offences and compromise of cases. The parties can very well settle their
disputes and end the litigation in regular Courts. When there is a provision
for compromise and Courts generally accept the compromise application,
then what is the need to constitute another forum or compromise? The
answer is that a settlement between the parties takes place on the basis of
positive advice and good counselling which cannot be possible in regular
Courts. Therefore a different tribunal is needed in which the pedestal of high
office does not appear and the parties are able to express their mind and the
person behind the bench can also reciprocate the same. With the above
object a social worker and advocates are also included in the Bench. In order
to achieve a fruitful result of the concept of Lok Adalat, a pragmatic
provision u/S. 89 C.P.C. have been included in which a duty is canst upon
the Court to formulate the terms of settlement and after observation, the
Court refer the same of arbitration, conciliation, judicial settlement through
Lok Adalat or mediation.

40
Although our judicial machinery is very keen to achieve the high graph of
figures of case settled in Lok Adalat but even then the system is not
providing good results. The regular Courts send a number of cases to the
Lok Adalat but only few are settled. In most of the case litigants are absent
in the Court or sometimes one party may come but other party may not
come. Sometimes both the parties are present but their counsel may not be
present. According to section 8 of the scheme of Lok Adalat, in Madhya
Pradesh the sitting of Lok Adalat are held only on holidays or Sundays. In
holidays and Sundays most of the lawyers are busy with their clients. Only
for one case it is inconvenient for them to come to the Court on holidays
therefore mostly they do not turn up. In that situation it will only be a
coming and going affairs of the judicial officers. The above circumstances
frustrate the purpose of Lok Adalat.
Section 21 (1) of the Legal Services Authorities Act also provide for refund
of Court fees in cases settled in Lok Adalat. Even then the results is not
encouraging. Sometimes the parties are ready to compromise before the
regular Courts but the cases are adjourned to put the case before the Lok
Adalat to provide the benefit of refund of Court fees or to achieve the high
graph of cases settled in the Lok Adalat. It seems that presently the concept
of Lok Adalat is in a primitive stage and require a new imagination to meet
the above situation. Therefore we must explore the reasons behind its
unsuccessfulness and try to eradicate it.

Scheme relating to Civil Cases :

1. Every civil case is to be presented before that designated Lok Adalat
according to the amended provisions of C.P.C. The Lok Adalat may
follow the procedure provided in order 1 to 10 C.P.C. relating to
41
 parties of suit, frame of suit, institution of suits, service of summons,
pleadings, plaint, written statement, consequence of appearance and
non-appearance of parties and examination of parties.
2. On first date when case is presented before the Lok Adalat, the
plaintiff may be asked about what is his expectation or on what term
he would be able to compromise the case. His answer is to be
recorded, which may be useful for future negotiations with the
defendant.
3. The plaintiff should pay the process fees and file the copy of plaint
according to the number of defendants with the filling of plaint. The
plaintiff shall also file all the documents. The Court may issue a
summons with a copy of plaint to the defendant. When the defendant
appear and file the written statement and the documents, the Court
shall examine both the parties as per the provisions of Order X Rule
(2) C.P.C. This provision is mandatory but are not being followed in
all cases. Rule (2) & (3) are important for present purpose which
reads as follows:-
I. At the first hearing of the suit, the Court
a) shall, with a view to elucidating matters in
controversy in the suit, examine orally such of the
parties to the suit appearing in person or present in
Court, as it deems fit; and
b) may orally examine any person, able to answer any
material question relating to the suit, by whom any
party appearing in person or present relating to the
suit, by whom any party appearing in person or
present in Court or his pleader is accompanied.

42
 II. At any subsequent hearing, the Court may orally examine any
party appearing in person or present in Court, or any person, able
to answer any material question relating to the suit, by whom such
party or his pleader is accompanied.
III. The Court may, if it thinks fit, put in the course of an examination
under this rule question suggested by either party.
IV. The substance of the examination shall be reduced to writing by
the Judge, and shall form part of the record.
The examination of parties is much more important to the Lok Adalats. By
examining the parties a Lok Adalat would be able to know the real facts of
the dispute. At this stage the pleadings and documents have been filed. On
the basis of pleadings and documents the question asked by the Judge must
disclose the facts which may not be in the pleadings and documents. The
questions may be asked to explore the possibility of settlement which may
be extended to the question ns not relating to the case or totally irrelevant
with the case. After recording the statement, the Lok Adalat may conversant
with the parties and their pleaders about possible settlement. At this juncture
the counselors of the Lok Adalat may make an effort to convince the parties
and help them in making decision. Keeping in view the pleadings,
documents, statements and observation of the parties, the Lok Adalat may
formulate the terms of compromise. It may give them to the parties for their
observation and after receiving the observation of the parties the Lok Adalat
may reformulate the terms of a possible settlement. The Court may invite
the proposed compromise from both the parties. If both the party reach at
some settlement it may pass an award which may be signed by both the
parties and binding on them. In order to arrive at some settlement the Court

43
may postpone the proceeding for future date but the case should not be
adjourned for more than three dates.
Scheme regarding criminal cases :
1. After framing the charge the criminal Court may transfer all the
compundable criminal case to the Lok Adalat. In compoundable cases
the charge is to be framed on the first date after filing of challan.
2. The Lok Adalat shall issue a summons to the complainant or any
other person who is competent to compromise the case. When the
complainant come before the Court he may be asked to state the
realities of incident any may also be asked whether he is ready for
compromise. At this juncture the Court, advocates and counselors of
the Lok Adalat may negotiate with the parties about composition. If
the parties are ready to compromise, the Lok Adalat shall acquit the
accused from the charge
3. If even after a sincere effort the Court is of opinion that the
composition is not possible, the Court shall send the record of the
case with accused, complainant and other witnesses present in the
Court, to the Court having jurisdiction for trial on the same day. If it
is possible for the trial Court, it shall record the statement of the
complainant and other witnesses on same day otherwise fix another
date and proceed according to law.
The above some scheme increases the burden of Lok Adalat. The
successfulness of the scheme depends much more on the competency of
presiding Judge of the Lok Adalat. His personality and legal knowledge play
an important role in the process of settlement. His judicious advice reduce
the passion of parties and the fighting parties may come down and a
settlement may be possible. Therefore the services of high caliber Judges are

44
required. So the good and experienced Judges of the district may be deputed
to the designated Lok Adalats.
Exclusion of other person from the bench of Lok Adalats :
Section 19 of the Legal Services Authorities Act and the scheme of Lok
Adalat made u/S. 4(b) of the Act, provides that the bench of Lok Adalat
shall comprise (i) a sitting or retried judicial officer, (ii) a member of legal
profession and (iii) a social worker preferable woman. These private persons
have been included in the bench of Lok Adalat with a view to provide a
considered and justified advice to the litigants so that they become able to
resolve their dispute. Their position cannot be said to be more than as a
counselor. The settlement or compromise between the parties is justified or
not is a matter which may be decided by the judicial authority. The private
member can play no role in this regard. The services of private persons are
no longer required for decision of a case. Therefore there is no need to
include them as member of bench instead they can be included as a
counselor of the Lok Adalat.
General :
1. The counseling and compounding process shall be held in open Court
with the help of parties, their counsels, social workers, eminent
persons or other law knowing persons.
2. So many criminal cases be compounded if adequate compensation are
given to aggrieved party. The civil dispute may also be settled by
paying money to the losing party, therefore a Lok Adalat may
consider about the quantum of compensation which may be awarded
to the aggrieved party in civil and criminal cases. A number of claim
cases and cases u/S. 138 Negotiable Instrument Act be compromised
by negotiations with the parties about quantum of compensation.
45
 3. In maintenance cases u/S. 125 CrPC and cases relating to cruelty u/s.
498 A IPC, the counseling and conciliation proceedings be held in
Camera. In case of failure of settlement the Court shall record the real
cause of dispute between husband and wife which may be considered
during trial.
4. In other cases also if conciliation or settlement fails, a Lok Adalat
shall record the cause of dispute and reasons for its failure, while
deciding the case the trial Court shall take it into account.

Required legislative changes to implement the scheme:

1. The implementation of above scheme require that a Lok Adalat function
parallel to the ordinary Courts. If there is mandatory provision that every
case is to be presented before a Lok Adalat then it require a regular
sitting. Therefore the provision regarding holidays sitting must be
deleted.
2. Section 89 has been inserted in CPC in the year 1999 but even after
passes of 6-7 years no Courts are referring the cases to other institutions.
A person come before the Court for adjudication or settlement of his
dispute. It is not justified to delegate this job to some other forum. People
may not trust upon them. Therefore the provision regarding reference of
cases become redundant. The above scheme provides for presentation of
cases directly to the designated Lok Adalat and it also provide the
formulation of terms of settlement by the Lok Adalat itself. The idea of
formulation of terms of compromise by the Lok Adalat is important. It
provides clues to the litigants to reach at a settlement. But as stated
above, it is not good if the terms of compromise are made by the trial
Court. Therefore, in the light of above scheme and reasons stated above,

46
 the whole provision of section 89 become inapplicable and can be
deleted.

3. In the year 1999 when Section 89 has been inserted in CPC,

simultaneously Rule 1A, 1B, 1C has also been included in Order 10 CPC
which provides for the direction of the Court to parties to opt either mode
of the settlement outside the Court as specified in sub-section (1) of
Section 89. These provisions also provides for fixing of dates of
appearance before such forum. But in view of the above scheme these
provisions are no longer required, therefore the provisions under Order
10 Rule 1-A, 1-B, 1-C be also deleted.
4. The above scheme provides for presentation of civil cases before
designated Lok Adalat. The Lok Adalat shall try to conciliate the matter
and if it is not possible to settle the dispute it may transfer the case
having jurisdiction to try the case. The above scheme require legislative
change in CPC and in the Legal Service Authorities Act.
5. The above scheme provides of transfer of compoundable cases to
designated Lok Adalat after framing of charge. Therefore a provision be
made in CrPC which makes necessary to frame the charge in all
compoundable cases on 1st date after filling of challan and transfer of all
compoundable cases to designated Lok Adalat.
6. Section 498-A IPC be included in the list of offences mentioned in
Section 320 (2) Cr.P.C.
7. A change is needed in Section 19 of the Legal Services Authorities Act
not to include other persons as a member of bench. A provision be made
to utilize their services as counselor of Lok Adalat.

47
8. One other thing is also important Section 19 provides that a retired
judicial officer may also be included in the bench of Lok Adalat. The aim
of Lok Adalat is to settle the matter by convincing the parties. A retired
Judge may not have a deep impact over the parties to settle the matter.
Although the may have a long experience to decide the cases but because
he is a retired person it may be possible that the parties may not
concurrent with his opinion and views. His physical and mental fitness is
also important. Therefore the word or retired judicial officers be
deleted in Section 19(2) of the Legal Service Authorities Act.
9. In the above scheme the cases are to be presented before a Lok Adalat
and are to be presented before a Lok Adalat and are to be decided by
mutual consent, therefore the provisions under Order 1 to 10 CPC as far
as possible. be applicable to these decisions regarding production of
documents, examinations of witnesses, adjournments and issuance of
commission in certain cases where the circumstances of the case require
so far.
10.Section 19 & 20 of the Legal Services Authorities Act provides for
organization of Lok Adalat and cognizance of cases by it. The
implementation of above scheme require a change in the organization of
Lok Adalat and cognizance by it. Therefore a change in Section 19 & 20
(1) (2) of the Legal Services Authorities Act is required.
11.The offence u/S. 498 A IPC arises due to distortion in marital relation of
the parties. Sometimes their dispute is resolved and they live together, in
that situation a Lok Adalat should be empowered to record the
compromise even after statement of the complainant and other witnesses
or at any stage of trial.
12.Under the above scheme to examination of parties by Lok Adalat is
required to know the real facts of the case and settlement. Under Order X
48
 Rule 2 (1) (a) C.P.C. this examination is necessary with a view to
elucidating matter in controversy, therefore under Order Rule 2 (1) (a)
after words with a view to the words know the real facts of the case
an settlement or be inserted.
Scheme regarding pre-trial litigation :
Section 19 (5) (2) of the Legal Services Authorities Act provides that a Lok
Adalat have also jurisdiction in a matter which have not come before a
Court. It means that a person may come before a Lok Adalat even before
filing a suit. In the Legal Services Authorities Act and the scheme of Lok
Adalat made there under prescribes no procedure for pre-trial litigation.
Regarding pre-trial litigation a Lok Adalat may adopt following procedure.
If a person come before a Lok Adalat without filing a suit. It may examine
him about his grievance. It may require to file all the documents. If the Lok
Adalat think that there is a prima-fact case to call the opposite party it may
summons the defendant to appear in person and file all the documents.
When he appears, the court shall examine him. After examining both the
parties, the Court find out what is the dispute between the parties and on
what point it may be resolved. If both the parties agree and settle their
dispute the Court shall pass an award accordingly which is binding on them.
If even after a sincere effort, the dispute is not possible to be resolved it may
advice the parties to go to the proper Court for seeking remedies or give
them the correct advice that how they can resolve their dispute and what are
their rights and liabilities.
Scheme relating to pending cases :
All the pending cases in which the written statement has been filed are to be
send to the Lok Adalat. The Lok Adalat shall examine both the parties as per
the provisions or Order 10 CPC with a view to find out the possibility of
49
settlement. With the help of pleadings, documents and statement of both
parties or other persons, the Lok Adalat shall formulate the terms of
compromise and hand over them to the parties for their observation. The
presiding judge and the private members of the Lok Adalat may take active
part in negotiations between the parties. They may be helpful to give a
correct advice about the rights and liabilities of the parties and pro and cons
of the proposed settlement. They may also advice the parties as to what they
may get after adjudication and much or less, what they are getting by the
proposed settlement. If the parties agrees, the Lok Adalat may pass an award
which may be signed by the parties and binding on them otherwise if they
do not come at any settlement. It may send the record of the case to the
concerned Court and direct the parties to appear before it. The concerned
Court may proceed from the stage from which the case has been sent to the
Lok Adalat.
Although the above scheme is a drastic one it transfers the original
jurisdiction of civil Court from ordinary law Court to the Lok Adalat, but in
the scheme, a Lok Adalat would also governed by rules prescribed in Orders
1 to 10. It shall also follow the other relevant rules of C.P.C. The designated
Lok Adalat is also presided by a judicial member, therefore, there is no
change in transferring the jurisdiction. From presentation of suit till
examination of parties under Order 10, the procedure followed by the Lok
Adalat would be the same as followed by the ordinary law Courts. One thing
is included in the mid of journey of case, as provided in Section 89 CPC, the
Lok Adalat should formulate the terms of compromise and try to settle the
dispute. If it fails it may refer the case to the Court having jurisdiction.
Therefore the scheme provide no change in the process of trial and create no
hardship in implementing it. Some formal legislative changes are required

50
which may be possible to reduce the graph of 2 crore cases pending in
subordinate Courts of the country. It certainly change the present adversary
system of administration of justice. The need of the hour is to constitute a
regular conciliation Court which may function parallel to the ordinary
Courts. The spirit of the above scheme is to involve the concept of Lok
Adalat in a real sense and a Lok Adalat would become a Court of public n
its reality.

10) RECENT CONCEPT OF MOBILE LOK

ADALATS: JUSTICE AT THE DOOR STEP -
Recently, the Maharashtra State Legal Services Authority has introduced an
innovative scheme named as, "Scheme for Mobile Legal Services-cum- Lok
Adalat". It provides for organization of Mobile Lok Adalat. The idea behind
this concept of mobile Lok Adalat has recognized the fact that, still today
the poor, needy and marginalized sections of our society face many
difficulties to approach the Court of law for enforcement of their rights or
redressal of their grievances and so the Legal Services and Lok Adalat itself
would approach them at their door step. Through this scheme, the trained
and experienced judicial officers, social activists, Law students etc. in
collaboration with concerned District Legal Services Authority, are able to
visit every nook and corner of the villages including remote tribal areas,
slum Lok Adalats to resolve disputes amicably and instantly.
Thus, the concept of Lok Adalat aims at giving speedier justice at the door
steps of the parties by way of associating the community representatives and
at lesser costs. The endeavor is to enliven the Constitutional goals of 'equal
and effective access to justice.

51
 11) Conclusion -
The quest for equal, fair and even handed justice has been the passionate
demand of human being from the emergence of the society in all
civilisations. Therefore, the right of effective access to justice has developed
as the most basic human rights of a legal system which purports to
guarantee the legal, social, political, cultural and economic rights in a
country. The term access to justice connotes the ability of a person to
participate in the judicial process for the protection and enforcement of his
rights. It covers more than bare court entry and includes the ability to reach
the lawyers, police, enforcement machinery and capacity to bear the costs
and time of litigation. In this backdrop, the right to access to justice through
efficacious justice delivery mechanism, is imperative to secure justice under
the Constitution. The Preamble makes it abundantly clear that justice social,
economic and political are the cherished objects. With the purpose to
implement this object of trilogy of justice, the various mandates enshrined in
Part III and Part IV of the Constitution lay down emphasise on the
establishment of a qualitative justice dispensation system and at the
doorsteps of people. Similarly, the Apex Court has played a significant role
through its number of judgments for the betterment of administration of
justice by declaring the right of free legal aid and speedy trial as a part of
fundamental rights under Article 14 and 21 of the Constitution.
However, in reality, our present judicial system based on Anglo-
Saxon jurisprudence is being buried under the monumental weight of
arrears. Because, litigation has increased manifolds, not only on account of
population growth but also in view of new laws, legal awareness, shortage
of judges, industrial and commercial increasing involvement of government
in everyday life of people, growth, besides urbanization. The formal judicial

52
machinery has failed to administer qualitative and effective to the people
due to delay, corruption, highly cost of litigation, non access to justice,
lengthy legal process due to technical procedural laws and less number of
courts etc.
Lok Adalat means people's court which solves the disputes of parties
by discussion, counselling, persuation and conciliation so that it gives
speedy and cheaper justice with the free and mutual consent of the parties.
The institution of Lok Adalat is not the substitute of existing judicial system
but only works as supplementary to it so that mounting arrears are reduced
and quick justice is provided. It is a participatory justice mechanism in
which judges, lawyers, social workers law teachers and disputants altogether
settle the dispute in friendly atmosphere and in this way, they further the
unity and integrity of society. Professor Upendra Baxi, on the basis of nature
of the Lok Adalat institution, has stated about two type of functions which it
must perform to justify its role as a best supplement to regular courts. These
functions may be divided into two categories, viz., (i) manifest functions
which may be specified as: (a) conflict resolution, (b) dispensation of
justice, (c) Ombudsman type function, (d) legal aid and services, (e)
legislative innovation, (f) public record, (g) marital counselling, and (h)
initiation of social change or development function, and (ii) latent functions
and dysfunctions. Latent functions may be called as observable
consequences which are neither intended nor recognised by the challenge
elites. The aim of latent function is to be corrective in nature so as to
improve the working efficiency of Lok Adalat. They provide a working
efficiency and help in accelerating the speed of rendering justice to the
needy, rising above the legal complexities created by law courts.67

67
. Upendra Baxi; From Takrar to Karar : The Lok Adalat, Rangpur, 5364 (1976).
53
 Lok Adalat system is a medicine in litigating with hardly any adverse
effects. In fact, apart from easy accessibility, quicker and cheaper justice,
the chief beauty of Lok-Adalat is the decimation of bitterness, because
compromise is the very soul of the Lok-Adalat justice.68 It is based on the
spirit of equality, justice and rule of law enshrined our National Charter with
a view to improving the prevailing judicial system with functional process
and promotion of justice through law.
Hence, the study reveals that the Lok Adalat system is people oriented
and people supported mechanism which has received wide support from
different sections of the society. Due to, its features, it has not only resulted
in lessening the workload of our regular courts but has also provided
efficacious justice to those who cannot afford to fight the costly legal battle
for the assertion and protection of their rights under the prevailing justice
delivery mechanism. Therefore, the forum of Lok Adalat deserves to be
strengthened, developed for preventing litigation, ending the pending
litigation and ultimately forming the Lok Adalat a peace-making and
peacekeeping institution so that it may play a significant role in
development of country.

68
.M.G. Chitkara, Lok Adalat and the Poor, vii(1993).
54