Critical Analysis of Alternate Dispute Resolution Mechanism with reference to Lok Adalat by - Sayalee Subhash Bhosale

Critical Analysis of Alternate Dispute Resolution Mechanism with reference to Lok Adalat

Authored by - Sayalee Subhash Bhosale

Under Guidance of

Dr. Mayura Borde

LLM -II (2022-23)

Abstract

The Lok Adalat system in India originated, its scope and ambit, need and also its importance. It also discusses in details the jurisdiction pertaining to Lok Adalats along with its procedure to deal with the cases and the powers of Lok Adalats. The concept of Lok Adalat is an innovative Indian contribution to the world jurisprudence. The introduction of Lok Adalats added a new chapter to the justice dispensation system of this country and succeeded in providing a supplementary forum to the victims for satisfactory settlement of their disputes. This system is based on Gandhian principles. It is one of the components of ADR systems. In ancient times the disputes were used to be referred to “panchayat” which were established at village level. Panchayat’s used to resolve the dispute through arbitration. It has proved to be a very effective alternative to litigation. This very concept of settlement of dispute through mediation, negotiation or through arbitral process known as decision of “Nyaya-Panchayat” is conceptualized and institutionalized in the philosophy of Lok Adalat. It involves people who are directly or indirectly affected by dispute resolution.

Introduction

Lok Adalat could be a viable alternative to the court system. Lok Adalats introduced a replacement chapter to the current country’s judicature and succeeded in providing a supplemental venue for victims to settle their problems satisfactorily. For any society, equal associated unbiased justice is an integral a part of its judicature. The main task of the state is to make sure truthful and simply justice for all by adapting the treatment of voters among themselves, dominant the disorder and preference of one category of individuals over others, and defending all rights necessary for existence and lifetime of basic importance are improvement of citizenship by establishing an efficient administration of justice. The administration of justice entails adjudicating people’ rights and obligations in accordance with the norms established by the State. It works to make sure that everybody has the proper to access justice, since access to justice from associate autonomous and unbiased agency in each public and non-public law are cognised human right. A democratic society needs equal access to justice for all voters via associate economical justice delivery equipment.

The justification for establishing such camps of Lok Adalat was only the unresolved cases and aided the litigants waiting in line to get justice. The Gandhian ideals serve as the foundation of Lok Adalats. It is that human right, which includes time-consuming considerations, that covers bare court entrance. The idea of justice enshrined in the Constitution, according to We the People, involves providing justice(impartial and three unwavering), quickly, easily accessible, and distributive. The concept of Lok Adalat arose because of the Indian judicial system’s inability to offer speedy, effective, and low-cost justice. The evolution of this notion was part of the aim to alleviate the Courts’ enormous burden.

The justification for establishing such camps of Lok Adalat was solely the unresolved cases and aided the litigants waiting in line to urge justice. The Gandhian ideals function the foundation of Lok Adalats. It is that human right, that includes long concerns, that covers clean court entrance. The plan of justice enshrined within the Constitution, in keeping with We the People, involves providing justice, quickly, simply accessible, and distributive. The construct of Lok Adalat arose owing to the Indian judicial system’s inability to supply speedy, effective, and affordable justice. The evolution of this notion was a part of the aim to alleviate the Courts’ monumental burden. Cases that are pending are a source of frustration for the courts and individuals who seek justice from the Court.1

Need for the Lok Adalat

The Lok Adalat approach addresses issues rather than declaring a winner or loser. Many times, justice is delayed due to an overburdening of cases on the judiciary. Regrettably, our judicial system has remained ‘alien, having no live interaction with the public. ‘The entire technique of Lok Adalats conceived and evolved is to argue for justice. Justice has three implications: social, economic, and political. The aforementioned method handles the first two meanings. They allow the parties to resolve conflicts, but only at the lowest feasible cost and with the parties permission.

Meaning and Organization of Lok Adalat

According to section 19(5) of LSA, Lok Adalat typically implies People’s Court. These courts dissent from alternative formal courts but are special forums wherever the settlement of any case unfinished before the courts from a few years or months inside the jurisdiction of that Lok Adalat will occur. Legal Services Committee of State Authority or District Authority or the Supreme Court/High Court will organize Lok Adalat at anywhere and interval and having such jurisdiction because it thinks work. It shall represent the retired or serving judicial officers or the other person whom the organizing authority thinks work as expressed in sections 19(1) and (2)of the LSA. According to section 19(3) of the LSA, the appointment of alternative members of Lok Adalat should be with the consultation of the Chief Justice of India by the Central Government. Lok Adalats, as prescribed in Section 6 of LSA, is comprised at distinct degrees such as State authority, High Court, District Courtland Taluka level varied upon the authority organizing it.

The objective of reorganizing the legal system is to permit people to participate within the administration of justice at the foremost basic level, which can eventually assist in giving justice to the poor and backward in rural areas at once and at an inexpensive value. It would facilitate them exercise their legal rights against people who would violate them. Lok Adalats additionally look for to eliminate several of the failings within the British system. However, the fashionable type of Lok Adalat emerged as a results of the current court system as a forum for s civil, criminal, and tax problems, that resulted in large time waste in determinative cases. Legal proceeding attorneys have typically been perforate by this unholy lance of delay, cost, and complexness, with the result that the repressed frustration of these wanting a fast call versed them with hope, enthusiasm, and experimentation in “the holding Lok Adalat for partitioning the problems for unfinished litigation”. As a result, the conception of a Lok-Adalat as a specialized arena for quick conflict resolution is currently sweeping the country. Lok Adalat may be a viable different to the court-based system. Lok Adalats are capable of handling a variety of civil and criminal disputes. The definition of Lok Adalat “forum wherever dispute settlement happens between parties voluntarily through conciliatory and pervasive efforts “. The “Lok Adalat” is taken into account associate degree previous kind of arbitrating system occurring within the initial days of India , And  its believability isn’t averted even in up to date times. The buildup of cases have full the Courts, and

1 Pawan Kr. Mishra, ADRS and Lok Adalat in India: Genesis and Functioning, 9 INDIAN J.L. & Just. 28 (2018).

therefore the regular courts verify the cases comprise an intensive, costly, and dull method. It takes a few years for the Courts to resolve trivial lawsuits. Hence, Lok Adalat offers associate degree.

After a chronic battle, on August 15,1947, Asian country got independence. Whereas restructuring the judiciary, there was a realization by the Constitution manufacturers that there’s a requirement for reorganization of the Anglo-Saxon judiciary to create legal help effortlessly out there to the weak, burdened and retrogrades in communities.

The Legal Aid Committee established by Gujarat Government advised that the circumstances necessitated revivification and reconstruction of Nyaya Panchayats to own relaxed availableness of the court to the agricultural residents to deliver in valuable and swift justice to them in trivial lawsuits. However, in lightweight of the escalating standing of partitioning the disputes through citizens’ involvement at the grass-root stage, the proposals created by Balwantrai Mehta Committee (1957) were restated by Ashoka Committee(1978) willing to suggestion for increasing Nyaya Panchayats provinces.

The contemporary kind of Lok Adalat ascended because of the apprehension articulated by the many committees to require recourse of systematizing legal help for the weaker section of the society and panic caused by the judicial circle on the escalating range of lawsuits waiting from a protracted time at varied stages of the court system. Justice P. N. Bhagwati and Justice Krishna Iyer emphasized the renewal of the unofficial technique of dispute resolutions. They mobilized public action teams, civic-spirited peoples, and a division of advocates to experiment partitioning the cases outside of Courts. They believed that it should be casual, inexpensive, typically de- professionalized, swift, associate degreed impartial to own an economical system.

Indian Legal System And Lok Adalat

The basis of the judiciary system is on equal justice to everybody, as the Indian Constitution below Article 14-18 provides equality rights, that states that there’ll be parity before the law; there should be no bias supported the cast color, sex, religion. Moreover, every citizen of India includes a right to constitutional remedies below Article 32. The total Lok Adalat system was established with the goal of advancing justice. Justice has three meanings: social, economic, and political. The capability to have interaction within the judicial method is said as ‘access to justice.’ It's that right, which incorporates long issues, that covers blank court admission. The complete Lok Adalat system demonstrates India’s democratic nature. Lok Adalats currently have statutory legitimacy,

and also the plan of Lok Adalats has become a powerful legal weapon with the passage of the Legal Service Authority Act in 1987.As a result, the Lok Adalat approach addresses problems instead of declaring a winner or loser. Many times, justice is delayed because of an overburdening of cases on the judiciary. Unluckily, our judiciary has remained ‘alien, having no live interaction with the general public.’ The complete technique of Lok Adalats formed and evolved is to argue for justice. Justice has three implications: social, economic, and political. The aforesaid methodology handles the primary two meanings. They permit the parties to resolve conflicts, however solely at very cheap possible price and with the parties ‘permission.

Legal Services Authorities Act, 1987

With the passage of the Legal Services Act 1987, Lok Adalat was legalized below Article 39A of the Constitution of India. This decree prescribes numerous measures for the settlement of disputes by Lok Adalat. This can be free and entitles the poor to keep up the ability to head to civil courts for economic or different disabilities and organize Lok Adalats to confirm an attempt. This can be a law that sets up a legal services agency to produce numerous legal services. The judicial web is supported equal opportunities. The Legal Services Authorities Act of 1987 has two explicit goals: giving legal aid services and convening Lok Adalats to deliver justice to the people’s doorsteps. Even before the Act was passed, Lok Adalats idea gained fashionable acceptance as People’s Courts, because the name suggests. Dispute resolution within the hands of Panchayat Leaders or social group heads has been popular since precedent days. Once the Legal Services Authority granted Lok Adalat statutory recognition, it expressly explicit that the award approved by Lok Adalat on the terms of compromise would have the force of a civil court judgement to implement, since a civil judicial writ is final and binding on the parties. The parties should abide by the award. If the parties area unit unhappy with the Lok Adalat’s call, they need no recourse in any court. The matter can be remanded to the Court that referred it to the Lok Adalat. The proceedings can resume wherever they left off before the relation to the Lok Adalat. The emergence of the Lok Adalat movement was a part of a concept to ease the big strain on the Courts with outstanding cases and to alleviate litigants who were waiting in line for justice. It includes a spread of provisions for the resolution of disputes via Lok Adalat.

Types of Lok Adalat

Here, the discussion of three types of Lok Adalat is present. The primary type is National Lok Adalat. National Lok Adalat is control at frequent periods on a fixed date complete the nation in the slightest degree levels ranging from the State authority level to the Taluka level. The second type is Permanent Lok Adalat. These courts were established under Section 22-B as permanent entities with a chairman and two members to supply a pre-litigation procedure for subsidence disputes relating public utility services like communication and transportation, electricity and light-weight provide, and insurance services. If the parties don’t follow the settlement procedure, the Permanent Lok Adalat will rule on the matter. The Permanent Lok Adalat’s judgement or award is final and binding on all parties. As per India’s legal services body, the Permanent Lok Adalat features a jurisdiction of no a lot of than ten lakhs. Mobile Lok Adalat is that the third kind. The Mobile Lok Adalat is structured in such how that the Court travels from one location to a different to help the parties at dispute in reaching an appropriate resolution through this procedure.

Lok Adalats Power

Under the Civil Procedure Code of 1908, Lok Adalats have constant powers as Civil Courts. Apart from that, Lok Adalats have the authority to determine their method for Section 21(2) of Legal Services Authority Act, 1987 Section 20(5) of Legal Services Authority Act, 1987 Section 22-B of Legal Services Authority Act, 1987 Section 21 of Legal Services Authority Act, 1987

Nature of Cases to be Referred to Lok Adalat

1. Any case pending before any court.
2. Any dispute which has not been brought before any court and is likely to be filed before the court.

Provided that any matter relating to an offence not compoundable under the law shall not be settled in Lok Adalat.

Which Lok Adalat to be Approached

As per section 18(1) of the Act, a Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of -

1. Any case pending before; or
2. Any matter which is falling within the jurisdiction of, and is not brought before, any court for which the Lok Adalat is organised.

Provided that the Lok Adalat shall have no jurisdiction in respect of matters relating to divorce or matters relating to an offence not compoundable under any law.

How to Get the Case Referred to the Lok Adalat for Settlement

1. Case pending before the court.
2. Any dispute at pre-litigative stage.

The State Legal Services Authority or District Legal Services Authority as the case may be on receipt of an application from any one of the parties at a pre-litigation stage may refer such matter to the Lok Adalat for amicable settlement of the dispute for which notice would then be issued to the other party.

Levels and Composition of Lok Adalats

At the State Authority Level

The Member Secretary of the State Legal Services Authority organizing the Lok Adalat would represent benches of the Lok Adalat, every bench comprising of a sitting or retired judge of the High Court or a sitting or retired judicial officer and anyone or each of- a member from the legal profession; a social worker engaged within the upliftment of the weaker sections and inquisitive about the implementation of legal services schemes or programmes.

At High Court Level

The Secretary of the High Court Legal Services Committee would represent benches of the Lok Adalat, every bench comprising of a sitting or retired judge of the High Court and anyone or each of- a member from the legal profession; a social worker engaged within the upliftment of the weaker sections and curious about the implementation of legal services schemes or programmes.

At District Level

The Secretary of the District Legal Services Authority organizing the Lok Adalat would represent benches of the Lok Adalat, every bench comprising of a sitting or retired judicial officer and anyone or each of either a member from the legal profession; and/or a public servant engaged within the upliftment of the weaker sections and inquisitive about the implementation of legal services schemes or programmes or someone engaged in para-legal activities of the area, ideally a woman.

At Taluk Level

The Secretary of the Taluk Legal Services Committee organizing the Lok Adalat would represent benches of the Lok Adalat, every bench comprising of a sitting or retired judicial officer and anyone or each of either a member from the legal profession; and/or a social worker engaged within the upliftment of the weaker sections and curious about the implementation of legal services schemes or programmes or an individual engaged in para-legal activities of the area, ideally a woman.

Provisions of the Constitution2

The Indian Constitution, as a social document, could be a major representation of the people’s ambitions and aspirations. The framers of the Constitution intended that the law belong to everyone, not simply those that utilize the Constitution for unlawful functions. The thought of equality inscribed in Article 14 of the Constitution stipulates that the state might not refuse individual equality before the law or equal protection of laws among Indian territory, therefore the equality clause contains two ideas of justice: equality before the law. The law and equal protection from the law. The spirit of Article 38 is to produce all its inhabitants with a triad of justice- social, economic, and political. Article 39A was incorporated into the Indian Constitution to comprehend the aim of triad of justice, supply free legal help, and strengthen equal justice for the poorer sections of society Article 40, involved allocating and lower status of powers at the village level, is a new crucial mandate of the Constitution. The State shall organize Panchayats at the village level by providing

2 https://www.researchgate.net/publication/355021143_LOK_ADALAT_- EFFECTIVE_MEANS_OF_DISPUTE_REDRESSAL_MECHANISM_IN_INDIA

powers and authorization to them the maximum amount because it is crucial for sectionalize them to control as a free unit. The target is to bestow justice at the doorsteps of everybody within the nation, specifically of villagers. The Law Commission suggested achieving this objective for constituting ‘Nyaya Panchayats’ at the village level to produce economical resolution to the villagers for his or her disputes and change the administration system.

Judicial Interpretation

In a series of recent judgments, the Supreme Court cautioned the country’s judicial system and also the legal profession to relinquish their role as upholders of the established order. The Court additionally expressed that the time has come back for the Indian judiciary to become additional aware of the importance of giving justice to the overwhelming majority of people denied justice by society. In another crucial ruling, the Supreme Court stated: “The rule of law doesn’t mean that legal protection is proscribed to the lucky few or that the right may be prostituted underneath the pretext of enforcing their civil rights and political rights. “The poor have civil and political rights; the rule of law is additionally meant for them, though this solely exists on paper and not in practice. Until now, the courts have completely been utilized to uphold the rights of the rich. Huge arrears are indeed pending in Courts, however this can not be used to deny society’s poor and vulnerable sectors access to justice. Lok Adalats cannot replace modern courts, however if individuals prefer to resolve their conflicts through Lok Adalats, it’ll not solely increase the standard of the quality of the justice delivery system however will raise awareness among the individuals concerning being just to others and expecting others to be just to them. The Lok Adalats look for to settle conflicts via mutual consent. Before the passage of the Legal Services Authority Act in 1987, the integrity and lawfulness of any decision created by the Lok Adalat were later contested by the parties once it came to execution.

Current Data3

Aiming to address pendency of 6,07,996 cases in consumer courts across the country, a National Lok Adalat will be held on November 12, an official statement said on Thursday.Uttar Pradesh (28,318 cases pending), Maharashtra (18,093), Delhi (15,450), Madhya Pradesh (10,319), and Karnataka (9,615) are some of the states with the highest number of pending cases.

3 https://punemirror-com.cdn.ampproject.org/v/s/punemirror.com/amp/news/india/Over-6-lakh-consumer-cases- pending-National-Lok-Adalat-

Through data analytics, sector-wise distribution of pendency has been identified such as banking with a total number of 71,379 pending cases, insurance with 168,827, e-commerce with 1,247, electricity with 33,919, railways with 2,316, etc, and efforts are being made towards the settlement of such consumer cases on priority. Groundwork for this exercise has already been initiated and all the consumer commissions have been intimated to identify cases that have an element of settlement and prepare a list of pending cases that can be referred to the Lok Adalat. Regular monitoring of the making of the list is done by the department.

To have maximum outreach and benefit consumers, the Consumer Affairs Department is reaching out to consumers, companies, and organizations through SMS and emails. It has the phone numbers and emails of 3 lakh parties whose cases are pending before the commissions, and held video conferencing with the Consumer Commissions which have more than 200 pending cases.

With the help of technology, a separate link is being created and circulated amongst all stakeholders wherein one can enter their pending case number and commission where the case is pending and easily refer the matter to Lok Adalat. The link shall be circulated through email and SMS.

Officials said that the department is constantly monitoring the disposal of cases in Consumer Commissions and is in the process of collaborating with the National Legal Service Authority (NALSA) for referring the inclusion of pending consumer cases to be disposed of through the upcoming National Lok Adalat, where both parties mutually agree on a settlement. Communication in this regard has already been made to the NALSA.

Challenges Before Lok Adalat4

Currently, Lok Adalat is taken into account joined of the most effective various disputes resolution systems in India. However, like each different system, it too suffers from some limitations. Though it’s true that “Justice delayed is justice denied”, it’s conjointly true that a hurried justice is justice buried. Thus, speedy resolutions should not impair the rights of parties. In reality, Judges are pressured to quickly lose the cases for political gains, resulting in restricted thought to the parties’ rights and needs.

4 https://www.iasexpress.net/lok-adalat/

Lawyers are generally reluctant to refer the matter for settlement in Lok Adalat. There also are instances of parties pressurizing their lawyers to stay up to strict procedures of the court.

Sometimes there are even the cases wherever a party’s attorney is unprepared or not present, that afterward prevents parties from reaching a settlement. There are even instances of antagonism among the lawyers and judges. Another major downside of this mechanism is that the organization of the Lok Adalat is principally supported compromise or settlement between parties. If the parties don’t reach a accord, the case is either came to the court of law or the parties are suggested to hunt a remedy within the court of law. It ends up in reserve delays within the dispensation of justice. This issue is addressed by the Permanent Lok Adalat. However, Permanent Lok Adalat is also round-faced with few drawbacks. There are considerations that the persons appointed for Permanent Lok Adalat won’t have the mandatory legal background.

Currently, specialized tribunals are appointed with the representatives of social organizations or specialists. Within the case of mechanisms originated to resolve disputes raised by customers, members aside from Chairman are persons without a legal background. There have been additionally instances of members without a legal background in administrative tribunals. These members solely have administrative expertise.

While deciding the dispute, the provisions of the Code of Civil Procedure and also the Indian Evidence Act won’t be applicable. This implies that the determination or selections are going to be during a outline manner. A decision is feasible given that those cases wherever there exists part of the settlement. In such cases, the Permanent Lok Adalat formulates terms of a potential settlement and offers such terms to the involved parties for his or her observations. These observations are going to be thought of supported the evidence created by the parties. If they are do not consent to the settlement, Permanent Lok Adalat shall decide the dispute. However, the decision or the opinion of the Permanent Lok Adalats on whether or not there exist components of settlement is additionally a matter that may be subjected to review under Article 226 of the Indian Constitution.

Suggestions

Awareness

Legal literacy and legal aid programmes should be provided for the poor and the socially and economically marginalized societies. Awareness camps must be conducted at the grass-root levels and mass media can be utilized for this purpose. This is to encourage people to participate in the proceedings of Lok Adalat voluntarily.

Bringing lawyers on board

The quality of legal aid provided by lawyers should be improved. The remunerations offered from legal service authorities to lawyers ought to be exaggerated in order that they’re inspired to produce effective legal help to the needy.

The jurisdiction of permanent Lok Adalats are often dilated to incorporate areas like business disputes or conflicts wherever the general public at giant are concerned and matters wherever the government is concerned either directly or indirectly.

Cultural & structural reforms

Culturally, there ought to be a balance between a formal and informal forum in order that individuals area unit inspired to hunt redressal from Lok Adalats. In doing thus, these courts will defeat several social injustices within the rural culture by “indigenising” some protections of the official scheme. There should be a perfect balance between a national vision of rights based equality and justice and a local vision of decentralized judicial administration, local self-rule and popular justice free from artifice and deceit related to formal courts.

Given India’s diversity, it’s higher to include the characteristics and processes of conciliation specific to every section. So as to attain these, resources should be mobilized to Lok Adalats to permit them to be command more regularly. Staff, funding and facilities should be provided for it to be run effectively and create it more structurally sound. Specialists of the involved disputes may also be incorporated into this mechanism. The social employees should be supplied with free legal coaching in order that they’ll facilitate the indigent from being exploited by the lawyers. So as to regain the general public confidence on Lok Adalat, the courts ought to encourage obligatory referral to the current mechanism in order that parties will overcome their prejudice or lack of understanding of the method.

Conclusion

Considering the on above discussion, the conclusion that Lok Adalat provides fast resolution to disputes between the parties, that advantages the Indian system, is viable. The immense development of worldwide trade and postponement in conducting cases in regular courts once independence created it essential to line up an Alternate Dispute Resolution system. Harmonious resolution to disputes is significant for maintaining social harmony and congruity. Therefore, Lok Adalat becomes a sensible a part of Indian legal to give speedy chief and accessible justice. Through the Lok Adalat, Indian society gets an especially supersensitive legal service that is effective for the weaker and also the downtrodden. Lok Adalats performs a vital half to improve and boost the goal of the Indian Constitution of “equal access to justice”.

The system of Lok Adalat Is well appreciated for its capability to get rid of the cases through amicable settlements. Despite this, it ought to be noted the general functioning of the Lok Adalat seems to be considerable and not outstanding. Therefore, this mechanism has to be reinforced to attain the constitutional goal of “equal and social justice” to the fullest extent. In doing thus, the public’s confidence within the judiciary is regained. Hence, Lok Adalats is a ray of hope for the weaker and marginalized section of society. However, it conjointly suffers from bound drawbacks that require to be looked upon and thereby resolved.

References

• https://punemirror- com.cdn.ampproject.org/v/s/punemirror.com/amp/news/india/Over-6-lakh-consumer- cases-pending-National-Lok-Adalat-
• https://www.iasexpress.net/lok-adalat/
• http://ignited.in/I/a/221388
• https://www.researchgate.net/publication/355021143_LOK_ADALAT_- EFFECTIVE_MEANS_OF_DISPUTE_REDRESSAL_MECHANISM_IN_INDIA
• A Research on the Role and Attitude of Lok Adalats in the Justice System of India: A Review | Original Article Deepa Singh*, in Journal of Advances and Scholarly Researches in Allied Education | Multidisciplinary Academic Research
• LOK ADALAT -EFFECTIVE MEANS OF DISPUTE REDRESSAL MECHANISM IN INDIA.