LOK ADALAT: AN EFFECTIVE ALTERNATE RESORT

Published on : September 12, 2021

A recent update states that a 3rd Lok Adalat was organised by NALSA in the year 2021 under the leadership of Hon’ble Justice Mr. U.U.Lalit. this was a National Lok Adalat organised in a hybrid mode. However, the aim of this piece is to understand Lok Adalats and the purpose they serve.

Approaching the Court of Law is the most accepted way of dispute resolution. However, when the settlement is sought to be done outside the Courts, it is known as Alternative Dispute Resolution. Alternative Dispute Resolution methods consist of Negotiation, Arbitration and Conciliation, Mediation, Restorative Justice and Lok Adalats as well. The benefit of an alternative dispute resolution method is that it provides speedy relief, is less expensive and is confidential. Article 39-A of the Indian Constitution which is a part of Directive Principles of State Policy, talks about Alternative Dispute Resolution and free legal aid. Compliant to the same, Section 89 of the Code of Civil Procedure also makes provision for Alternative Dispute Resolution as a method of redressal. Subsequently, the Arbitration and Conciliation Act, 1996 and the Legal Services Authority Act, 1987 also dealt with alternative dispute redressal methods.

Lok Adalat is one such method of dispute redressal. Certain cases are referred to the Lok Adalats when they are pending before the Courts or if any case has not been brought before a Court of Law. Lok Adalats are chaired by either a retired judicial officer or respected members of the legal profession. In case of a Lok Adalat, court fees are not applicable. If there is any case which was initially filed before a regular court and has subsequently been taken to the Lok Adalat, the court fees paid at the initial stage before the regular court gets refunded to the party if the Lok Adalat gives the final resolution. Any resolution given by a Lok Adalat holds the same value as of a decree passed by a Civil Court although the decision made by the Lok Adalat is based upon a settlement between the parties and not solely on the judge’s own instance.

Lok Adalats are organised by the Legal Services Authority at every level. The recent update which we referred to at the beginning, revolved around National Lok Adalats. National Level Lok Adalats are held for at regular intervals where on a single day Lok Adalats are held throughout the country, in all the courts right from the Supreme Court till the Taluk Levels wherein cases are disposed off in huge numbers.[1] On this National Lok Adalat held on 11th September, 2021, 40,69,171 cases were taken up out of which 23,47,069 were pre-litigation cases, 17,22,102 were pending cases and over 17,13,024 cases were disposed of in a single day, indicating a huge achievement and success for the Legal Services Authorities.[2] the problem of pendency of cases which arose due to the pandemic, is now gradually getting resolved through the organising of Lok Adalats. The organising of Lok Adalats has become extremely essential in order to tackle with the huge pendency of cases.



[1] Lok Adalats, National Legal Services Authority, available at < https://nalsa.gov.in/lok-adalat>

[2] NALSA organises its third Lok Adalat of the year 2021, under the leadership of Hon’ble Mr. Justice U.U. Lalit, Executive Chairman, NALSA, India Legal, available at https://www.indialegallive.com/constitutional-law-news/courts-news/nalsa-organises-its-third-lok-adalat-of-the-year-2021-under-the-leadership-of-honble-mr-justice-u-u-lalit-executive-chairman-nalsa/, [11.09.2021]

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