Concept of Lok Adalat in India– Lok Adalat Powers and Jurisdiction – The Lok Adalat was introduced in 1982. It is evolved in India starting from the state of Gujrat in the year 1982. Lok Adalat settles the disputes by conciliation and compromise. At national and taluka level Lok Adalat developed alternative settlements to settles disputes.
Concept of Lok Adalat in India
Establishment
According to, Section- 19 of the Legal Service Authority Act, 1987. The act provides that every state authority or district authority or the supreme court legal services committee or every High court legal services committee or as the case may be, Taluka legal services committee may organize Lok Adalat at such places and for exercising such jurisdiction.
Commencement
The Lok Adalat was introduced in 1982. The Lok Adalat was organized on 14th March 1982 at Junagadh in Gujrat. Maharashtra commenced Lok nyayalaya in 1984.
Necessity
The Lok Adalat was a necessity in a country like India where illiteracy dominated all of the governance including judicial governance.
Creation of Lok Adalat
Increasing litigation, inordinately of justice. The need to revive the confidence among the ordinary people was by the state bodies and judiciary the result of which was the creation of Lok Adalat.
Concept of Lok Adalat in India- Powers, and Jurisdiction
Jurisdiction of Lok Adalat
According to section 19 of the Legal Services Authority Act, 1987 a Lok Adalat shall have jurisdiction to determine and arrive at a compromise or settles the dispute between the parties in respect of-
a)any case pending before, or
b)any matter which is falling within the jurisdiction of, and is not brought before, any court for which the Lok Adalat is organised.
Lok Adalat shall have no jurisdiction for offences which are not compoundable under any law.
Powers of Lok Adalat
1) Summoning and enforcing the attendance of any witness and examine him/her on oath.
2)Production and discovery of any documents.
3)Receive evidence on affidavits.
4) Requisitioning of any public record or document or copy thereof or from any court.
5)For the determination of any dispute coming before the Lok Adalat has the power to specify its procedure.
Functions of Lok Adalat
1)Lok Adalat accepts both cases i.e civil and criminal cases of parities.
2)Lok Adalat conducted by retired judges, a judicial official and social worker.
3)Lok Adalat informs the specific time, date and place.
4)Lok Adalat arranges compromise and records.
5)Lok Adalat saves time and energy of parties.
6)Lok Adalat saves expenses of appeals and revision.
Composition of Lok Adalat
1)At the national level/ supreme court level the supreme court committee organizing the Lok Adalat has the power to constitute benches of Lok Adalat.
2)At every high court level/state level the secretary of the high court committee organizing the Lok Adalat has the power to constitute benches of Lok Adalat. Composition at state level bench of Lok Adalat-
a)Sitting or retired judge
b)Senior lawyer
c)Renowned social worker
3)At the district level, the secretary of the district authority organizing the Lok Adalat has the power to constitute benches of the Lok Adalat. Bench consist following-a)Sitting or retired judicial officer
b)Senior lawyer of the local bar
c)Renowned social worker
4)Taluka level the secretary or chairman of the taluka committee organizing the Lok Adalat has the power to constitute the benches of Lok Adalat. Lok Adalat constituting at the taluka level. The bench consists following –
a)Sitting or retired judicial officer
b)Senior lawyer of the local bar.
Award of the Lok Adalat
Award passed by the Lok Adalat in India shall be final because the Lok Adalat passes the award with the consent of the parties therefore there is so no need to review or to reconsider the matter again and again. The court passed a decree with the consent of the parties then there is no appeal according to CPC. Lok Adalat following the legal principle, equity, and natural justice to proceed and dispose of the cases and arrive at compromise or settlement. Lok Adalat passes an award, or decree of civil court or as the case may be which is final.
Important Case law-Punjab National Bank vs Lakshmichand Rai
Hierarchy of Courts in India and The Justice System in India
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