On August 13, the third National Lok Adalat, 2022, was held across all states and union territories, except Delhi. As per reports, over one crore cases were settled.
These include 16.45 lakh pending cases and 58.33 lakh pre-litigation cases, with the cumulative value of all settled cases crossing Rs 5,000 crore.
The round for Delhi stood deferred on account of Independence day preparations.
These Lok Adalats were held by the concerned legal services authorities under the guidance and supervision of the National Legal Services Authority (NALSA).
Moneycontrol explains what the Lok Adalat system is and how it functions.
Alternative dispute resolution
Lok Adalats have a statutory place in the Legal Services Authorities Act, 1987. They are an alternative form of dispute resolution outside of the courts.
The Lok Adalats aim for amicable settlement or compromise of a dispute, and can pass awards regarding the same. These awards are final and there exists no provision under law to appeal against these. However, parties still have the right to initiate litigation before a competent court in the event they are dissatisfied with a Lok Adalat award.
The system is not only speedy but also affordable, as there are no court fees involved for cases heard in these courts. In the event a case pending before a court is referred to a Lok Adalat, any court fees paid by the parties is returned to them.
Dispute resolution in Lok Adalats takes place by direct interaction of the members of the Adalat with the parties. Lok Adalats are required to be manned by a retired or serving judicial officer and one more member, the qualifications for which are prescribed in the Legal Services Authorities Act.
Jurisdiction
Lok Adalats are empowered to hear and settle disputes filed before it or referred to it by a competent court. Pre-litigation disputes and pending cases can be heard by a Lok Adalat.
However, Lok Adalats cannot take up cases regarding non-compoundable offences, that is, offences where no compromise is allowed under the law, and which are required to go through a trial culminating in conviction or acquittal.
Pre-litigation disputes can be brought before Lok Adalats by filing an application for the same before a district or state-level legal services authority by one or both parties.
For pending cases, an application for settlement before the Lok Adalat would have to be filed by either or all parties. If the court is of the prima facie view that the dispute can be amicably settled, the case is referred to the Lok Adalat.
Types of Lok Adalats
National Lok Adalats are held at regular intervals, when on a single day Lok Adalats are held across the country in all courts — from the Supreme Court till the taluk levels. This is done for the speedy disposal of a large number of cases in one shot. Sometimes, these Lok Adalats are held on specific subject matters for settlement of disputes of a particular type, for example, a Lok Adalat for traffic violation cases.
Permanent Lok Adalats are a type of Lok Adalat set up for the settling of disputes relating to public utility services. Their pecuniary jurisdiction is up to Rs. 1 crore.
State authority level, High Court level, district- and taluka-level Lok Adalats are also set up by the secretaries of the respective legal services.
The functioning, organisation, jurisdiction, powers, and responsibilities of Lok Adalats are prescribed under the Legal Services Authorities Act. All Lok Adalats function under the aegis of the NALSA, which is headed by its executive chairman, the second senior-most judge of the Supreme Court. The chief justice of India is a Patron-in-Chief of the NALSA.
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