Lok Adalat..... A Research Project During My Internship

Nirma University
Institute of Law
B.A.LL.B. (Hons.) Programme
II Semester
Report of 1st Internship Training
With Research Foundation for Governance in India NGO
As a part of Clinical Training
For the academic year 2009-10
On the topic of
Efficiency of Lok Adalats
Prepared & Submitted By
Alok Ratnoo – 09BAL102

Table of Content
Sr. No Subject Page No
1 Preface
2 Acknowledgement
3 Certificate
4 List of abbreviations
5 Brief About NGO
6 Introduction
7 Project Description
8 New Issues in The Lok Adalat

Concept
9 Applicability & Enforcement of
Laws
10 Critical Analysis of Lok Adalats
11 Conclusion & Suggestion
12 Bibliography
13 Appendix
1. Preface
This project is an outcome of the three weeks placement programme of Institute of

law, Nirma University of Science & Technology for the students of second semester.
The main constituents of the report are the report on fieldwork carried out during the
internship, the research on related issues and the weekly report of my work. I have
tried my best to do justice with my activities and put it in black and white with the
same effort as I did it during the interns at R.F.G.I (Research Foundation for
Governance in India)
Date: Name & Signature of Trainee
2. Certificate
This is to certify that Mr. ALOK
RATNOO
a student of II Semester of Institute of
Law, Nirma University has sincerely
completed three weeks Internship
training (1st March,2010 to 21st March,
2010) under my guidance &
Supervision with
Research Foundation For
Governance in India
(R. F. G.I.)
Date:
__________________________________
(Name & Signature of Guiding & Supervising Officer)
3. Acknowledgment:
For this research project made in the internship programme granted by Nirma
University Institute of law on ‘Efficiency of Lok Adalats’ I would like to thank
many people for making this project possible.
First of all, I would like to thank my Mother and Father for constantly
encouraging me to take up and complete this project efficiently.
Secondly to Miss. Kanan Dhru and entire team R.F.G.I for accepting me as an
intern in their organization; helping and training me in all possible means to
complete my research activity on the above said project. And would also like to
thank them for providing me with such a great platform to work, as without it, it
would not have been possible for me to undertake this research activity.
I would also like to thank:-

1. High court Legal Service Committee and Legal Aid Centre of Gujarat.
2. Metropolitan Magistrate Mr. D. I. Patel of Gheekanta court, Ahmedabad.
3. Advocate Mr. R. F. Bhagat & Mr. D. K. Saresa.
All these people have really facilitated my empirical research and case study.
Thank you to all once again.
- Alok Ratnoo
4. List of Abbreviations:
1. R.F.G.I – RESEARCH FOUNDATION FOR GOVERNANCE IN INDIA
2. N.G.O – NON-GOVERNMENT ORGANIZATIONS
3. ADR – ALTERNATIVE DISPUTE RESOLUTION
4. PUS – PUBLIC UTILITY SERVICES
5. PLA – PERMANENT LOK ADALAT
6. NALSA – NATIONAL LEGAL SERVICES AUTHORITY
7. Hon’ble – Honorable
8. CPC – CIVIL PROCEDURE CODE
9. MVA – MOTOR VEHICLES ACT
10.MACT – MOTOR ACCIDENT CLAIMS TRIBUNAL

5. A Brief of R.F.G.I (NGO):
The Research Foundation for Governance in India (RFGI) is a think-tank that is
active in the area of evolving a legal thought on 'good governance' through involving
citizens from different spheres of the society.
The Research Foundation for Governance has a broad perspective on "governance".

RFGI adopts a definition that based upon the one given by the European Commission:
"rules, processes and behaviour that affect the way in which powers are exercised….
particularly as regards openness, participation, accountability, effectiveness and
coherence"
The Foundation is a non-party, neutral and independent Foundation and does not support
or endorse any political candidate/party or extreme political ideology.
The Research Foundation for Governance in

India
Founders: Kanan Dhru
Type: Research, Awareness, Consulting
Founded: 26 January 2009
3, Brahmin Mitra Mandal Society,

Headquarters: Mangaldas Road, Ellisbridge, Ahmedabad
– 380006, India
Staff:
Founder & Managing Director
Kanan Dhru
Director
Kelly Dhru
Director
Swar Shah
Area served: India
Good Governance, Legal System, Civil

Focus:
Society
To help create strong processes of

governance and an aware citizenry,
Mission:
primarily through seeking reforms in the
legal and political arena.
Method: Research, Awareness, Consulting
Volunteers: 18
Members: 600+
Research Foundation for Governance in

Website:
India
Introduction
Started in January, 2009 The Research Foundation for Governance: in India (RFGI)
is an Ahmedabad based think tank. RFGI is a one of its kind think-tank in the area of
Law and Governance, with the idea of a citizenry, and particularly the youth, more aware
and participative to the legal processes in the country.
The objective of the Foundation is to help create strong processes of governance and an
aware citizenry, primarily through seeking reforms in the legal and political arena by
involving youth from different spheres.
RFGI aim to pursue this objective through spreading awareness on laws pertaining to
governance as well as by conducting research on key legal issues which affects
governance of the country.
RFGI has a member-base of 600 and growing. This includes eminent academicians,
industrialists, lawyers, media professionals, policy-makers, politicians and students. The
organization has the potential to grow in the future, given the needs of political and legal
reforms in the country.
Focus areas and activities

The activities of RFGI are structured around mainly three focus areas: 1) Awareness, 2)
Research, 3) Consulting.
Awareness Initiatives One of the primary objectives of the foundation is to spread

awareness on issues pertaining to governance and law amongst the citizens of India. The
Foundation seeks to make people think about politics in a more positive way through
making presentations and interactive sessions in schools and colleges, organizing
discussions and debates, and by getting more and more people interested in the process of
governance.
The following are some of the awareness initiatives carried out by RFGI:
• Partnered with Jaago Re! One Billion Votes to promote voter registration for the
2009 Lok Sabha elections
• Conducted a six-week project on local governance with Ahmedabad Municipal
Corporation and Indicorps
• Conducting presentations on citizenship and democracy at local schools and
colleges in Ahmedabad
Research The research activities at the Foundation include examining and undertaking
research on issues concerning politics, law, governance, infrastructure, functioning of
public institution, welfare related issues, including those pertaining to elections as part of
the function. The Foundation, through its research activities recommends and advocates
systems of good governance at different levels of the society. Some of RFGI's
publications are the following:
• “Acquisition of Land for ‘Development’ projects in India: The need for serious
reconsideration of existing law” - Kelly Dhru, 2008
• “Whether the graduates of the National Law Schools cater to the need of
Bar/Bench?” - Rohit Moonka
• “Freedom within the Law - The Search for Adivasi Autonomy” - Curtis Riep,
2009
RFGI Impact As part of the first phase of this project, RFGI had organized a panel
discussion on the issue on 5th July, 2009 at GLS Auditorium, Gujarat. The event was
graced by the Chief Justice of Gujarat, Mr. Justice Radhakrishnan as well as Dr.
Madhava Menon, Founder Director, National Law School Bangalore and National
Judicial Academy, Bhopal.
The seminar was a big success and was able to generate debate and discussion on key
issues pertaining to legal reforms. Two of the recommendations which stemmed from the
seminar are already in the stage of implementation:
• RFGI has been invited by the Gujarat Bar Association as Advisors on their
'Education & Training' Committee and work has already begun on structuring
courses for training of the young lawyers in Gujarat.
• Shri Veerappa Moily, Union Law Minister, recently announced scholarships for
young lawyers
Consulting The Foundation gets directly involved with Government projects and
initiatives through its consultancy work. This involves working closely with different
Government departments and organisations. One recent consultancy project was that on
Library Development in the city of Ahmedabad for the Ahmedabad Municipal
Corporation. RFGI's recommendations are now being implemented by the relevant
Government authority.
Advisors and Associate Organisations:

The following prominent individuals provide continuous support and direction to the
activities of RFGI:
• Professor (Dr.) Madhava Menon, Founder Director, National Law School and
National Judicial Academy
• Professor Dilip Mavalankar, Indian Institute of Management, Ahmedabad
• Dr. Kireet Joshi, Education Advisor to the Chief Minister of Gujarat
• Shri Girish Patel, post graduate from Havard Law School, Senior Counsel at the
High Court of Gujarat and a social activist.
RFGI has collaborated on various projects and activities with the following organisations
and institutions:
• Jaago Re! One Billion Votes

• OS Open Space
• Accountability Initiative
• ADR Association for Democratic Reforms
• Indicorps
• The Indian Institute of Management Ahmedabad (IIM)
• Janaagraha
6. Introduction:
(It introduces your journey of learning through project of NGO)
I am immensely happy and very much obliged to describe my journey of learning
through the project on ‘Efficiency of Lok Adalats’ which I made during my
internship period with Research Foundation for Governance in India. I got to
learn a lot of things from this research project. Though I earlier knew that there is
some kind of alternate dispute mechanism working in the Indian Judicial system
but by picking up this research project on the ‘Efficiency of Lok Adalats’ it is for
sure that I have gained tremendous amount of knowledge both theoretical and
practical on the working of this system. Interviewing different legal fraternities
have definitely cleared my many doubts regarding the working of law in the
society, how people are getting benefitted from the Lok Adalats and is this a
better way of disposal of overgrowing burden of cases in Indian judiciary? The
experiences of talking with different people have really increased. So it can be
said that research activity carried under R.F.G.I. came out to be very resourceful
and have helped and encouraged me tremendously to undertake such projects in
the near future. Interviewing the real persons related to this concept was a fun,
enjoyment and at the same times a knowledge gaining activity. I have even
prepared a question answer session in this regard which is in the appendix and it
will give you a glance at the actual functioning of the Lok Adalats.
The way in which I carried on my project will be explained in the project

description part.
7. Project Description and Main Topics:
1. Lok Adalats in India:
ADR has been an integral part of our historical past. Like the zero, the concept of
Lok Adalat (Peoples' Court) is an innovative Indian contribution to the world
jurisprudence. The institution of Lok Adalat in India, as the very name suggests,
means, People's Court. "Lok" stands for "people" and the vernacular meaning of
the term "Adalat" is the court. India has a long tradition and history of such
methods being practiced in the society at grass roots level. These are called
panchayat and in the legal terminology, these are called arbitration. These are
widely used in India for resolution of disputes both commercial and non-
commercial. Other alternative methods being used are Lok Adalat (People's
Court), where justice is dispensed summarily without too much emphasis on legal
technicalities. It has been proved to be a very effective alternative to litigation.
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.
Some people equate Lok Adalat to conciliation or mediation; some treat it with
negotiations and 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.
The salient features of this form of dispute resolution are participation,

accommodation, fairness, expectation, voluntariness, neighborliness,
transparency, efficiency and lack of animosity.
The concept of Lok Adalats was pushed back into oblivion in last few centuries
before independence and particularly during the British regime. Now, this concept
has, once again, been rejuvenated. It has, once again, become very popular and
familiar amongst litigants. This is the system which has deep roots in Indian legal
history and its close allegiance to the culture and perception of justice in Indian
ethos. Experience has shown that it is one of the very efficient and important
ADRs and most suited to the Indian environment, culture and societal interests.
Camps of Lok Adalats 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 and to give relief to the litigants who were in a
queue to get justice. The first Lok Adalat was held on March 14, 1982 at Junagarh
in Gujarat the land of Mahatma Gandhi. Lok Adalats have been very successful in
settlement of motor accident claim cases, matrimonial/family disputes, labour
disputes, and disputes relating to public services such as telephone, electricity,
bank recovery cases and so on.
Some statistics may give us a feeling of tremendous satisfaction and

encouragement. Up to the middle of last year (2004), more than 200,000 Lok
Adalats have been held and therein more than16 million cases have been settled,
half of which were motor accident claim cases. More than one billion US dollars
were distributed by way of compensation to those who had suffered accidents. 6.7
million Persons have benefited through legal aid and advice.
The Statistics of the Gujarat State Legal Services Authority as to the number of
cases disposed, the amount of compensation paid etc. have been annexed
herewith.
1.1 Legislation pertaining to Lok Adalats:
The advent of Legal Services Authorities Act, 1987 gave a statutory status to Lok
Adalats, pursuant to the constitutional mandate in Article 39-A of the Constitution
of India, contains various provisions for settlement of disputes through Lok
Adalat. It is an Act to constitute legal services authorities to provide free and
competent legal services 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 secure that the
operation of the legal system promotes justice on a basis of equal opportunity.
Even before the enforcement of the Act, the concept of Lok Adalat has been
getting wide acceptance as People's Courts as the very name signifies. Settlement
of disputes at the hands of Panchayat Heads or tribal heads was in vogue since
ancient times. When statutory recognition had been given to Lok Adalat, it was
specifically provided that the award passed by the Lok Adalat formulating the
terms of compromise will have the force of decree of a court which can be
executed as a civil court decree.
1.2 Procedure at Lok Adalat:
The procedure followed at a Lok Adalat is very simple and shorn of almost all
legal formalism and rituals. The Lok Adalat is presided over by a sitting or retired
judicial officer as the chairman, with two other members, usually a lawyer and a
social worker. It is revealed by experience that in Lok Adalats it is easier to settle
money claims since in most such cases the quantum alone may be in dispute.
Thus the motor accident compensation claim cases are brought before the Lok
Adalat and a number of cases were disposed of in each Lok Adalat. One
important condition is that both parties in dispute should agree for settlement
through Lok Adalat and abide by its decision. A Lok Adalat has the jurisdiction to
settle, by way of effecting compromise between the parties, any matter which may
be pending before any court, as well as matters at pre-litigative stage i.e. disputes
which have not yet been formally instituted in any Court of Law. Such matters
may be civil or criminal in nature, but any matter relating to an offence not
compoundable under any law cannot be decided by the Lok Adalat even if the
parties involved therein agree to settle the same. Lok Adalats 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. Anyone, or more of the parties to a dispute can move an application
to the court where their matter may be pending, or even at pre-litigative stage, for
such matter being taken up in the Lok Adalat whereupon the Lok Adalat Bench
constituted for the purpose shall attempt to resolve the dispute by helping the
parties to arrive at an amicable solution and once it is successful in doing so, the
award passed by it shall be final which has as much force as a decree of a Civil
Court obtained after due contest.
1.3 Finality of Lok Adalat award:
One issue which raises its head often is the finality of the award of the Lok
Adalat. During the Lok Adalat, the parties agree to abide by the decision of the
judge at the Lok Adalat. However, it is often seen that later, the same order is
challenged on several grounds. In one of the recent decisions, the Supreme Court
of India has once again laid to rest all such doubts. In unequivocal terms, the
Court has held that award of the Lok Adalat is as good as the decree of a Court.
The award of the Lok Adalat is fictionally deemed to be decrees of 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 the 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 the simpler method of conciliation instead of the process of
arguments in court.
1.4 Consent of Parties:
The most important factor to be considered while deciding the cases at the Lok
Adalat is the consent of both the parties. It can not be forced on any party that the
matter has to be decided by the Lok Adalat. However, once the parties agree that
the matter has to be decided by the Lok Adalat, then any party cannot walk away
from the decision of the Lok Adalat. In several instances, the Supreme Court has
held that if there was no consent the award of the Lok Adalat is not executable
and also if the parties fail to agree to get the dispute resolved through Lok Adalat,
the regular litigation process remains open for the contesting parties.
The Supreme Court has also held that compromise implies some element of
accommodation on each side. It is not apt to describe it as total surrender.
A compromise is always bilateral and means mutual adjustment. Settlement is

termination of legal proceedings by mutual consent. If no compromise or
settlement is or could be arrived at, no order can be passed by the Lok Adalat.
1.5 Benefits of Lok Adalat:
The benefits that litigants derive through the Lok Adalats 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.
# Second, 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.
# Third, 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 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.
# Last but not the least, faster and inexpensive remedy with legal status.
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.
Overall effect of the scheme of the Lok Adalat is that the parties to the disputes sit
across the table and sort out their disputes by way of conciliation in presence of
the Lok Adalat Judges, who would be guiding them on technical legal aspects of
the controversies.
The scheme also helps the overburdened Court to alleviate the burden of arrears
of cases and as the award becomes final and binding on both the parties, no appeal
is filed in the Appellate Court and, as such, the burden of the Appellate Court in
hierarchy is also reduced. The scheme is not only helpful to the parties, but also to
the overburdened Courts to achieve the constitutional goal of speedy disposal of
the cases. About 90% of the cases filed in the developed countries are settled
mutually by conciliation, mediation etc. and, as such, only 10% of the cases are
decided by the Courts there. In our country, which is developing, has unlike the
developed countries, number of Judges disproportionate to the cases filed and,
hence, to alleviate the accumulation of cases, the Lok Adalat is the need of the
day.
8. New issues in the Lok Adalats Concept :
1. Permanent Lok Adalats:
During the last few years Lok Adalat has been found to be a successful tool of
alternate dispute resolution in India. It is most popular and effective because of its
innovative nature and inexpensive style. The system received wide acceptance not
only from the litigants, but from the public and legal functionaries in general. In
India, during the last few years Lok Adalat has been functioning continuously and
permanently in every District Centre. In Taluka centers also sittings of Lok
Adalats have been held successfully. Several thousands of pending cases and
disputes which had not reached law courts have been settled through Lok Adalats.
The major defect of the mechanism of Lok Adalat is that it cannot take a decision,
if one of the parties, is not willing for a settlement, though the case involves an
element of settlement. The adamant attitude shown by one among the parties will
render the entire process futile. Even if all the members of the Lok Adalat are of
the opinion that the case is a fit one for settlement, under the present set-up, they
cannot take a decision unless all the parties consent.
In his inaugural address at the second annual meet of the State Legal Services
Authorities, 1999, the then Hon'ble Chief Justice Dr. A.S. Anand airing him views
stated thus:
"There will be no harm if Legal Services Authorities Act is suitably amended to

provide that in case, in a matter before it, the Judges of the Lok Adalats are
satisfied that one of the parties is unreasonably opposing a reasonable settlement
and has no valid defence whatsoever against the claim of the opposite party, they
may pass an award on the basis of the materials before them without the consent
of one or more parties. It may also be provided that against such awards, there
would be one appeal to the court to which the appeal would have gone if the
matter had been decided by a court.... This course, I think, would give relief to a
very large number of litigants coming to Lok Adalats at prelitigative stage as well
as in pending matters."
In 2002, Parliament brought about certain amendments to the Legal Services
Authorities Act, 1987. The said amendment introduced Chapter VI-A with the
caption PRE LITIGATION CONCILIATION AND SETTLEMENT. Section 22-
B envisages establishment of "PERMANENT LOK ADALATS (PLA)" at
different places for considering the cases in respect of Public Utility Services
(PUS).
If there is a dispute with respect to PUS, as per Section 22-C(1), any party to such
a dispute can, before bringing it to a court of law for adjudication, make an
application to PLA for the settlement of that dispute. The party making such
application need not be a party who raises a claim against a public utility service.
If a claim is made by one against a public utility service, the establishment
carrying out the public utility service can also raise that dispute before PLA to
resolve it. The only limitation is that PLA shall not have jurisdiction to consider a
dispute relating to an offence not compoundable under any law or any matter
where the value of the property in dispute exceeds Rs.10 lakhs. But the Central
Government can, by an appropriate notification, increase this limit. Once an
application has been made to PLA by one party, no party to that application shall
invoke the jurisdiction of any court in the same dispute.
PLA has to be established by the National Legal Services Authority or the State
Legal Services Authorities. It shall have three members; the Chairman, who is or
has been a District Judge or an Additional District Judge or has held a judicial
office higher in rank than that of a District Judge and two other members having
adequate experience in public utility service. Such persons shall be appointed by
the State or the Central Authority, as the case may be, upon nomination by the
respective Governments. But at the same time, such nomination shall be on the
recommendation of the Central or the State Authority. Section 22-C(3) provides
that when an application is filed raising a dispute, the parties shall be directed to
file written statements with appropriate proof, including documents and other
evidence. Copies of documents produced and statements made by the parties shall
be given to each other. Thereafter PLA shall conduct conciliation proceedings
between the parties to bring about an amicable settlement to the dispute. It is the
primary duty of PLA as per Section 22-C(4). While conducting such conciliation
proceedings, it is incumbent on the members of PLA to assist the parties to reach
an amicable settlement.
The parties are also obliged to cooperate in good faith with PLA. If PLA is of the
opinion that "there exist elements of settlement in such proceedings, which may
be acceptable to the parties", it shall formulate the terms of possible settlement,
communicate its observations to the parties and if the parties agree, the settlement
shall be signed and an award shall be passed in terms of such settlement and
copies of the award shall be furnished to the parties. See Section 22-C(7). It is
also provided in sub-section (8) that in cases where there exist elements of
settlement, but the parties’ fails to reach at an agreement, "the Permanent Lok
Adalat shall, if the dispute does not relate to any offence, decide the dispute". "For
the purpose of holding any determination" the Permanent Lok Adalat shall have
the same powers as are vested in a civil court under the Code of Civil Procedure,
1908 while trying a suit, in respect of summoning and enforcing of attendance and
examining of witnesses, discovery or production of documents, reception of
evidence on affidavits, requisitioning of public records and documents and such
other matter as the Government may prescribe. PLA can specify its own
procedure for deciding the dispute coming before it and the proceedings shall be
deemed to be judicial proceedings. The award of PLA, whether made on merit or
on settlement shall be final and binding on parties and be deemed to be a decree
of a civil court. It shall be executed as if it is a decree of a civil court having
jurisdiction in respect of the dispute involved. But the award cannot be called in
question in any "original suit, application or execution proceedings". This, in
effect, is the scheme of the amendment establishing a Permanent Lok Adalat
(PLA).
This will, certainly, prove to be very effective, litigant-friendly and less-expensive

mechanism to resolve certain serious disputes. As PUS’s are rendered mainly by
corporate bodies, this virtually will be a forum for ordinary men and women to
ventilate their grievances against such corporate bodies. In the changing economic
scenario of the country where insurance, communication and other services are
thrown open to corporate giants, it is all the more necessary to provide for cost-
effective and delay-free tools for resolution of disputes. PLA is a structured
clubbing conciliatory mode with certain features of arbitration to arrive at
decisions under given circumstances. There is sharp criticism against this
machinery both in its constitution and its functioning especially from lawyers.
The main opposition against the amendment is based on the following viz.
(1) With regard to the constitution of PLA;
(2) insofar as PLA is given the power to decide a dispute unlike the ordinary Lok
Adalats (LA) envisaged as per Section 19 of the Act which only conciliates the
dispute; and
(3) Absence of provision for appeal against the decision of PLA.
It is submitted that there is no basis for these criticisms. As the Government is

nominating the members, there may be political consideration in their
appointment, it is said. It is true that the members of PLA shall be nominated by
the respective Governments. But such nomination shall be, in terms of Section 22-
B(2)(b) of the Act, on recommendation by the Legal Services Authority
concerned. After such nomination, they have to be appointed by the Legal
Services Authority concerned. So there is no chance for the Government's
nominee getting appointed.
There is a Central Authority called the "National Legal Services Authority". Its
patron is the Hon'ble Chief Justice of India. Its Executive Chairman is the senior
most Judge of the Supreme Court of India. Two among the members are two
Chairmen of the State Legal Services Authorities who are invariably sitting
Judges of the High Courts concerned. Another member is the Secretary of the
Department of Legal Affairs and there is a Member Secretary who is a District
Judge. Apart from that, there are members like the Secretary, Department of
Expenditure, and members appointed by the Government in consultation with the
Chief Justice of India. Those persons shall be eminent persons in the field of law
or persons of repute in the legal services schemes or eminent social workers.
So far as the State Legal Services Authorities are concerned, it is headed by a

Patron-in-Chief who is none other than the Hon'ble Chief Justice of the High
Court. In almost all the State Authorities, except perhaps one or two, a sitting
Judge of the High Court functions as the Executive Chairman. A District Judge
functions as the Member Secretary.
So far as Kerala is concerned, the other members are the Registrar of the High
Court, the Advocate-General, the Director General of Prosecutions, the Chairman
of the Bar Council of Kerala, President of the Kerala High Court Advocates'
Association, the Law Secretary, the Finance Secretary, Director of Health
Services, Director General of Police, Chairman, Kerala State Women's
Commission and persons having special knowledge and practical experience in
social service etc. Other State Authorities also have similar constitution. It is these
authorities with such eminent personalities which shall recommend the names of
the members of PLA. It is a body consisting of the Chief Justice of the High Court
and a sitting Judge who is the Executive Chairman of the State Authority, which
consists of eminent persons in the legal field that recommends such members.
Members so recommended shall have to be nominated by the Government. The
members so nominated shall have to be appointed by the authority concerned as
members of PLA. It cannot be taken that the members so recommended by the
authority shall be on political consideration or incompetent to function as
members of PLA. It cannot be taken that a body consisting of the Chief Justice
and a sitting Judge or retired Judge and other persons with the status of a District
Judge and Advocate-General, Chairman of Bar Council etc. will recommend
incompetent persons to be members of PLA. These respectable persons, it is
hoped, will always recommend only competent persons. It cannot be presupposed
that these respectable bodies consisting of very eminent persons will recommend
incompetent incumbents.
There is criticism that the persons so appointed will not have legal background.
Presently, the specialized tribunals are appointed with the representatives of social
organizations or experts. In the case of machineries set up to try disputes raised by
consumers, members other than Chairman are persons without legal background.
Even in administrative tribunals, persons without legal background, but only with
administrative experience are appointed as members. Along with persons with
judicial background experts or experienced persons without legal background are
also appointed in other alternative dispute redressal forums.
The second criticism is with regard to the functioning of PLA insofar as it is given
the power to decide a dispute when the parties do not agree for a settlement.
While deciding the dispute, it is made clear that the provisions of the Code of
Civil Procedure and the Indian Evidence Act will not have application. In other
words, the determination or decisions will be in a summary manner. As already
mentioned above, PLA is given ample power in the matter of reception of
evidence, examination of witnesses etc. the power that a civil court has. A
decision is possible only in those cases where in the opinion of the Permanent Lok
Adalat "there exist elements of settlement". In such cases, PLA formulates the
terms of a possible settlement and gives such terms to the parties concerned for
their observations. These observations will be considered on the basis of evidence
produced by the parties. If they do not come to a settlement, PLA shall decide the
dispute. That means, PLA is not given the power to decide every dispute coming
before it. Only those disputes where there exist elements of settlement can be
decided by the Permanent Lok Adalat. The decision or the opinion of the
Permanent Lok Adalat as to whether there exist elements of settlement is also a
matter which can be subjected to judicial review under Article 226 of the
Constitution of India. Therefore, there shall be a check in that respect as well.
It is further ensured in the Act that while deciding the dispute on merit, PLA shall
be guided by the "principles of natural justice, objectivity, fair play, equity and
other principles of justice". Thus, a fair procedure is always envisaged. Therefore,
there is no reason for any criticism on the power granted to PLA to decide the
dispute in the event of a settlement not being arrived at despite the existence of an
element of settlement.
It cannot be said that there is no appeal against the decision of PLA. So far as the
ordinary Lok Adalats (LA) are concerned which is in existence even prior to the
amendment and is still being continued no appeal will lie against an award of that
Lok Adalat. The ordinary LA adopts only a conciliatory method and does not
decide a dispute. Therefore, disputes are settled on consent of the parties. When a
dispute is settled based on consent, no appeal need lie from any such order or
award even if there is a settlement in court. Under the civil procedure law also no
appeal shall lie from a decree passed on consent of the parties. This is the reason
the Act declares that "no appeal shall lie to any court against the award" of
ordinary Lok Adalat (LA) envisaged in Chapter VI of the Act.
But the award of Permanent Lok Adalat (PLA) envisaged in the newly introduced
Chapter VI-A is different. If it is an award upon consent of parties and is as a
result of compromise, necessarily, nobody will think of an appeal. When there is a
decision by PLA, as the parties did not agree for a compromise, it is possible that
the aggrieved party may think of an appeal. Every award of the Permanent Lok
Adalat, whether it is based on consent of the parties, or on compromise or upon
the decision, "shall be deemed to be a decree of a civil court". Thus the decision
taken by PLA will have all the attributes of a decree of a civil court. It will be
taken and considered in all respects, as a decree of a civil court. Every decree,
unless it is appealed against and so long as it is allowed to continue, will be final
and binding on the parties. Same is the case of an award of PLA. It is true that
there is no provision for appeal. But appeal is not expressly excluded, in the case
of award of PLAs. It is not stated anywhere in the Act that an award of a PLA
shall not be called in question in any appeal, as is done in the case of the award of
an ordinary Lok Adalat (LA) in Section 21(2) of the Act.
Certainly, appeal will lie only if it is provided somewhere by law. Otherwise, one
cannot file an appeal. It seems that the provision of Section 96(1) CPC could be
relied on to establish that an appeal is not excluded. As already mentioned above,
the award of PLA has all the attributes of a civil court decree and it is deemed as a
decree of a civil court. Section 96(1) of the Code of Civil Procedure, 1908
provides:
Save where otherwise expressly provided in the body of this Code or by any other
law for the time being in force, an appeal shall lie from every decree passed by
any court exercising original jurisdiction to the court authorized to hear appeals
from the decisions of such court." When the award of PLA is treated as a decree
of civil court and as it is not otherwise provided in the Legal Services Authorities
Act that no appeal shall lie from such award, necessarily, that being deemed a
civil court decree, an appeal shall lie from that decree.
An award of PLA shall be executed by a civil court "having local jurisdiction"

depending upon the amount of the decree. Necessarily, an appeal shall also lie to a
court depending upon the quantum of the amount involved in the decree or to the
High Court being a decision of a body consisting of three persons of which a
District Judge or a retired District Judge is the Chairman. So there is possibility
for a judicial review in an appeal.
In the case of the awards of ordinary Lok Adalat (LA), the statute specifically
provides that it shall not be challenged in an appeal. But the very same legislature
did not legislate such a provision when it dealt with the award of PLA. The
manifest difference in the provisions relating to the awards of PLA and LA is not
accidental. The difference really means that an appeal is possible against an award
of PLA in terms of Section 96(1) of the Code of Civil Procedure, when it is not
specifically barred by the Legal Services Authorities Act, 1987 and as the award
has all the attributes of a decree of a civil court. Even otherwise, the jurisdiction
under Article 226 of the Constitution of India cannot be ruled out, being one
among the basic features of the Constitution of India. Therefore, the criticism that
the award of PLA cannot be called in question in a higher forum has no force.
Moreover, PLA is a machinery to settle or decide disputes relating to public utility
services. In the changing economic scenario, the establishments rendering public
utility services, enumerated in the Act might be run by corporate sectors.
Common people may have claims against these corporates. If they are given a
speedy and inexpensive remedy to resolve their grievances, it should be
welcomed.
Lawyers can very well apprise the client of the demerits, if any, of the machinery
of PLA. In spite of that, if the party is inclined to resort to the cheaper remedy, it
cannot be said that the legislation is anti-litigant, as there is no compulsion that
one shall first approach PLA before approaching a court of law.
Of course, as already mentioned, the party other than the claimant also can raise
the dispute before PLA and it is likely that PLA may render a decision, if no
settlement is arrived at, in spite of the existence of elements of settlement. Thus
an award may come against a person who really did not desire to avail of this
remedy in respect of his claims. In such circumstances, he can either resort to an
appeal, or at any rate, to proceedings under Article 226 of the Constitution of
India. It cannot be argued that the members of PLA will be biased in their
decision and that they may even defeat the decision of the Chairman by forming a
majority on extraneous considerations. Even if it happens so in a rare situation,
certainly it can be corrected either in a proceeding under Article 226 of the
Constitution of India or in an appeal as mentioned above.
There shall be some definite qualifications for the other members of PLA.
Presently what is required is that they shall have "adequate experience in public
utility service". This is too vague a phraseology. It is always advisable to spell out
definite qualifications, so that the litigants will have confidence that the persons
deciding their disputes are sufficiently qualified and able.
As already mentioned above, it is possible, if somebody raises a claim against

public utility services, the latter can bring that dispute before PLA. PLA may take
some time to render a decision. In case no compromise is arrived at, and if the
case involves no element of settlement what will happen, if in the meantime the
period of limitation is over, so far as the claimant party is concerned Can it be
taken that he has been "prosecuting with due diligence in civil proceedings" in a
court, because, so far as PLA is concerned, he was not the party initiating the
dispute. The Lok Adalat is not treated as a court, but only vested with certain
powers of a civil court or shall be deemed to be a civil court for the purpose of
Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. These
aspects require consideration.
2. Scope For Judicial Review - A Critical Study

Objective of Lok Adalat is to settle the disputes which are pending before the
courts, by negotiations, conciliation and by adopting persuasive commonsense
and humane approach to the problems of the disputants.
The large populations of India and the illiterate masses have found the regular
dispensation of justice through regular courts very cumbersome and ineffective.
The special conditions prevailing in the Indian society and due to the economic
structure, highly sensitized legal service is required which is efficacious for the
poor and ignorant masses. The Lok Adalat movement is no more an experiment in
India. It is now a success and but needs to be replicated in certain matters.
In this chapter the researchers have tried to arrive at whether there is any need for
a judicial review in the current status and scenario of Lok Adalats with the
necessary critical study over the matter with possible solutions and suggestions as
and when needed.
As aforesaid in the objective of the Lok Adalats, the intention of the legislator has
been to put an end to the disputes summarily and reduce the burden of the courts.
Therefore, the Lok Adalats decide the matters on a consent/ compromise basis.
The Lok Adalat passes the award after the parties have agreed on the settlement
and have given consent over it.
The Lok Adalat will passes the award with 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 shall be final. Even as under Section 96 of C.P.C.
that "no appeal shall lie from a decree passed by the Court with the consent of the
parties". The award of the Lok Adalat is an order by the Lok Adalat under the
consent of the parties, and it shall be deemed to be a decree of the Civil Court,
therefore an appeal shall not lie from the award of the Lok Adalat as under
Section 96 C.P.C.
In Punjab National Bank v. Lakshmichand Rai the High Court held that "The
provisions of the Act shall prevail in the matter of filing an appeal and an appeal
would not lie under the provisions of Section 96 C.P.C. Lok Adalat is conducted
under an independent enactment and once the award is made by Lok Adalat the
right of appeal shall be governed by the provisions of the Legal Services
Authorities Act when it has been specifically barred under Provisions of Section
21(2), no appeal can be filed against the award under Section 96 C.P.C." The
Court further stated that "It may incidentally be further seen that even the Code of
Civil Procedure does not provide for an appeal under Section 96 against a consent
decree. The Code of Civil Procedure also intends that once a consent decree is
passed by Civil Court finality is attached to it. Such finality cannot be permitted
to be destroyed, particularly under the Legal Services Authorities Act, as it would
amount to defeat the very aim and object of the Act with which it has been
enacted; hence, we hold that the appeal filed is not maintainable.
The High Court of Andhra Pradesh held that, in Board of Trustees of the Port of
Visakhapatnam v. Presiding Officer, Permanent, Lok Adalat-c` The award is
enforceable as a decree and it is final. The endeavor 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 cannot be challenged in a regular appeal.
"The truth is, a judgment by consent is intended to put a stop to litigation between
the parties just as much as is a judgment which results from the decision of the
Court after the matter has been fought out to the end. And I think it would be very
mischievous if one were not to give a fair and reasonable interpretation to such
judgments, and were to allow questions that were really involved in the action to
be fought over again in a subsequent action."
To the like effect are the following observations of the Judicial Committee in -
'Kinch v. Walvott', :-
"First of all their Lordships are clear that in relation to this plea of estoppel it is of
no advantage to the appellant that the order in the libel action which is said to
raise it was consent order. For such a purpose and order by consent, not
discharged by mutual agreement, and remaining unreduced, is as effective as an
order of the Court made otherwise than by consent and not discharged on appeal."
On this authority it becomes absolutely clear that the consent order is as effective
as an order passed on contest, not only with reference to the conclusion arrived at
in the previous suit but also with regard to every step in the process of reasoning
on which the said conclusion is founded.
When we say "every step in the reasoning" we mean the findings on the essential
facts on which the judgment or the ultimate conclusion was founded. In other
words the finding which it was necessary to arrive at for the purpose of sustaining
the judgment in the particular case will operate as estoppel by judgment.
In all the above judgments, it has clearly been laid down that, a matter of consent
decree need not go on an appeal. However, 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 violative 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 cannot be circumscribed by
provisions of any enactment as is to be found in Section 21 of the Act and it can
always exercise its jurisdiction if an order, left alone, would amount to abrogating
the rule of law.
The question of appeal and judicial review in the case of a PLA is however
different. It cannot be said that there is no appeal against the decision of PLA. So
far as the ordinary Lok Adalats (LA) are concerned which is in existence even
prior to the amendment and is still being continued no appeal will lie against an
award of that Lok Adalat. The ordinary LA adopts only a conciliatory method and
does not decide a dispute. Therefore, disputes are settled on consent of the parties.
When a dispute is settled based on consent, no appeal need lie from any such
order or award even if there is a settlement in court. Under the civil procedure law
also no appeal shall lie from a decree passed on consent of the parties. This is the
reason the Act declares that "no appeal shall lie to any court against the award" of
ordinary Lok Adalat (LA) envisaged in Chapter VI of the Act.
But the award of Permanent Lok Adalat (PLA) envisaged in the newly introduced
Chapter VI-A is different. If it is an award upon consent of parties and is as a
result of compromise, necessarily, nobody will think of an appeal. When there is a
decision by PLA, as the parties did not agree for a compromise, it is possible that
the aggrieved party may think of an appeal. Every award of the Permanent Lok
Adalat, whether it is based on consent of the parties, or on compromise or upon
the decision, "shall be deemed to be a decree of a civil court". Thus the decision
taken by PLA will have all the attributes of a decree of a civil court. It will be
taken and considered in all respects, as a decree of a civil court. Every decree,
unless it is appealed against and so long as it is allowed to continue, will be final
and binding on the parties. Same is the case of an award of PLA. It is true that
there is no provision for appeal. But appeal is not expressly excluded, in the case
of award of PLAs. It is not stated anywhere in the Act that an award of a PLA
shall not be called in question in any appeal, as is done in the case of the award of
an ordinary Lok Adalat (LA) in Section 21(2) of the Act.
Certainly, appeal will lie only if it is provided somewhere by law. Otherwise, one
cannot file an appeal. It seems that the provision of Section 96(1) CPC could be
relied on to establish that an appeal is not excluded. As already mentioned above,
the award of PLA has all the attributes of a civil court decree and it is deemed as a
decree of a civil court. Section 96(1) of the Code of Civil Procedure, 1908
provides:
Save where otherwise expressly provided in the body of this Code or by any other
law for the time being in force, an appeal shall lie from every decree passed by
any court exercising original jurisdiction to the court authorized to hear appeals
from the decisions of such court. When the award of PLA is treated as a decree of
civil court and as it is not otherwise provided in the Legal Services Authorities
Act that no appeal shall lie from such award, necessarily, that being deemed a
civil court decree, an appeal shall lie from that decree.
An award of PLA shall be executed by a civil court "having local jurisdiction"

depending upon the amount of the decree. Necessarily, an appeal shall also lie to a
court depending upon the quantum of the amount involved in the decree or to the
High Court being a decision of a body consisting of three persons of which a
District Judge or a retired District Judge is the Chairman. So there is possibility
for a judicial review in an appeal.
In the case of the awards of ordinary Lok Adalat (LA), the statute the very same
legislature did not legislate such a provision when it dealt with the award of PLA.
The manifest difference in the provisions relating to the awards of PLA and LA is
not accidental. The difference really means that an appeal is possible against an
award of PLA in terms of Section 96(1) of the Code of Civil Procedure, when it is
not specifically barred by the Legal Services Authorities Act, 1987 and as the
award has all the attributes of a decree of a civil court. Even otherwise, the
jurisdiction under Article 226 of the Constitution of India cannot be ruled out,
being one among the basic features of the Constitution of India. Therefore, the
criticism that the award of PLA cannot be called in question in a higher forum has
no force.
The question of appeal in case of Lok Adalat and Permanent Lok Adalat is
therefore clear. The whole intention of the legislator has been to provide for a
finality of the proceedings since the matters were to be settled on a compromise
basis.
There is always the scope to go for a writ petition to challenge the award in case
of any grave illegality. The probability of fraud, misrepresentation, force etc.
while arriving at the consent or compromise cannot be ruled out. There is again a
chance that the one of the parties may not be in a position to understand the nature
of the legality of the proceedings and an award has been passed due to the sheer
negligence of the judge.
The likelihood of such events cannot be ruled out. In Mansukhlal Vithaldas

Chauhan v. State of Gujarat, it was held that; the duty of the Court is to confine
itself to the question of legality. Its concern should be, whether the decision-
making authority exceeded its powers; committed an error of law; committed a
breach of the rules of natural justice; reached a decision which no reasonable
Tribunal would have reached; or abused its powers. In the case on hand the Lok
Adalat exceeded its powers, committed an error of law, committed breach of the
rules of natural justice and abused its powers. Even if this Court were to strictly
confine itself to the question of legality, the impugned order cannot still be
tolerated as it suffers from all the foibles that justify interference under Article
226 of the Constitution.
The Karnataka State Bar Council was opposed to the section in the Act which said
if one party approached the permanent Lok Adalat; the other party had no option
but to participate in the litigation. This was opposed to the canons of justice, the
lawyers said. "The right of judicial review or appeal is fundamental in all legal
matters and making the decision of the permanent Lok Adalats final, without the
right of appeal, will vest unrestricted power in the hands of a tribunal in which
two non-officials can dominate... it will impair the administration of justice,'' they
said.
In Election Commission of India v. Union of India and Ors., the Apex Court
while dealing with the powers of the Court under the Constitution to interfere
with an order passed by the Election Commission, laid down: "There are no
unreviewable discretions under the constitutional dispensation. The overall
constitutional function to ensure that constitutional authorities function within the
sphere of their respective constitutional authority is that of the Courts". The
enunciation by the Apex Court making even an order by a constitutional authority
reviewable should leave no doubt in any one's mind that a discretion exercised by
a statutory authority would be well-within the reviewable discretion of this Court.
N. L. Rajag, President of Consumer Courts, Bar Association also pointed out that
Permanent Lok Adalats do perform and can perform invaluable service as
conciliators or mediators. But then to tell parties that even if they do not agree to
settle the matter the Lok Adalat would go ahead and pass a decree which will then
be binding on them, is horrendously arbitrary and unreasonable.
But one tends to forget the forum of judicial review is always open for the parties
through the writ petitions. This is a basic feature of the Constitution and cannot be
ruled out. Denial of it would be unfair and unwarranted.
The ultimate result would be that all these matters will come knocking at the
doors of the High Court, thus suffocating an already overloaded High Court.
9. Applicability and Enforcement of Law:
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 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 flavor 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 is very much in
vogue since early years. This form was made available for settlement of Motor
Third Party claims under the initiative of former Chief Justice of India, Shri P. N.
Bhagwati, since then number of Lok Adalats have been organized throughout the
Country through this forum to the satisfaction of the claimants. It is expected to
gather further momentum for settlement of these 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 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. This is the simplest method, which is
devoid of procedural wrangles of regular trial. According to Legal Services
Authorities (Amendment) Act 1994 effective from 09-11-1995 has since been
passed, Lok Adalat settlement is no longer a voluntary concept. By this Act Lok
Adalat has got statutory character and has been legally recognized. Certain salient
features of the Act are enumerated below:
Section 19
1 Central, State, District and Taluka legal Services Authority has been created
who are responsible for organizing Lok Adalats at such intervals and place.
2 Conciliators for Lok Adalat comprise the following: -
A. A sitting or retired judicial officer.
B. Other persons of repute as may be prescribed by the State Government in
consultation with the Chief Justice of High Court.
Section 20: Reference of Cases

Cases can be referred for consideration of Lok Adalat as under:
1 By consent of both the parties to the disputes.
2 One of the parties makes an application for reference.
3 Where the Court is satisfied that the matter is an appropriate one to be taken
cognizance of by the Lok Adalat.
4 Compromise settlements shall be guided by the principles of justice, equity, fair
play and other legal principles.
5 Where no compromise has been arrived at through conciliation, the matter shall
be returned to the concerned court for disposal in accordance with Law.
Section 21
After the agreement is arrived by the consent of the parties, award is passed by the
conciliators. The matter need not be referred to the concerned Court for consent
decree.
The Act provisions envisages as under:
1 Every award of Lok Adalat shall be deemed as decree of Civil Court.
2 Every award made by the Lok Adalat shall be final and binding on all the
parties to the dispute.
3 No appeal shall lie from the award of the Lok Adalat.
Section 22
Every proceedings of the Lok Adalat shall be deemed to be judicial proceedings
for the purpose of
1. Summoning of Witnesses.
2. Discovery of documents.
3. Reception of evidences.
4. Requisitioning of Public record.
Hon’ble Delhi High Court has given a landmark decision highlighting the
significance of Lok Adalat movement. It has far reaching ramifications.
Landmark Decision of Hon’ble Delhi High Court AIR 1999 Delhi Page-88
Abdul Hasan and National Legal Services Authority-Petitioner Vs. Delhi Vidyut
Board and others-Respondents.
Facts of the Case - The petitioner filed a writ petition before Delhi High Court for
restoration of electricity at his premises, which was disconnected by the Delhi
Vidyut Board (DVB) on account of non-payment of Bill. Interalia, the grievances
of the citizens were not only confined to the DVB but also directed against the
State agencies like DDA, Municipal Corporation, MTNL, GIC and other bodies,
Court notices were directed to be issued to NALSA and Delhi State Legal Service
Authority. Judgment Held- His lordship Hon’ble Mr. Justice Anil Dev Singh
passed the order giving directions for setting up of permanent Lok Adalats. The
scholarly observations of His Lordship Mr. Justice Anil Dev Singh deserve
special commendations and are worthy of note. It will be profitable to reproduce
the important text and abstract from this judgment, which should be an eye opener
for all of us. It should also steer the conscience of all, as there is an increasing
need to make Lok Adalat movement a permanent feature.
Article 39 A of the Constitution of India provides for equal justice and free legal
aid. It is, therefore clear that the State has been ordained to secure a legal system,
which promotes justice on the basis of equal opportunity. The language of
Article-39 A is couched in mandatory terms. This is made more than clear by the
use of the twice-occurring word “shall” in Art-39 A. It is emphasized that the
legal system should be able to deliver justice expeditiously on the basis of equal
opportunity and provide free legal aid to secure that opportunities for securing
justice are not denied to any citizens by reasons of economic or other disabilities.
It was in this context that the parliament enacted the Legal Services Authority
Act-1987.
The need of the hour is frantically beckoning for setting up Lok-Adalats on
permanent and continuous basis. What we do today will shape our tomorrow. Lok
Adalat is between an ever-burdened Court System crushing the choice under its
own weight and alternative dispute resolution machinery including an inexpensive
and quick dispensation of justice. The Lok Adalat and alternative dispute
resolution experiment must succeed otherwise the consequence for an over
burdened court system would be disastrous. The system needs to inhale the life
giving oxygen of justice through the note.
If we closely scrutinize the contents of the decision of Delhi High Court, there has
been an alarming situation of docket-explosion and the ultimately remedy is the
disposal of cases through the mechanism of Lok Adalat.
10. CRITICAL ANALYSIS of Lok Adalats:
The system of Lok Adalat is not without limitations. Conflicting views have been
expressed on the advisability of the new institution of Lok Adalats. They are
meant to supplement the judicial process and not to supplant it. Also it is being
said that when conciliation becomes the norm, people’s attitude to resort to court
will change. On the other hand, it is being suggested that with the giving of
statutory basis, the informality of Lok Adalat will disappear and every
technicality that bogs down regular courts will creep into the Lok Adalats and a
parallel court system under a different label may emerge. The permanent Lok
Adalats are conciliation-cum-arbitration tribunals to settle disputes between
selected public utility service and individuals. It appears that recourse to these
tribunals in preference to civil court is unlikely. Public utility services would
rather compel the private parties to have recourse to legal redress instead of, they
themselves seeking it and private parties likely to prefer civil courts, to these new
institutions. In consequences, these new institutions might be of very little use in
reducing the burden of courts. There are many other loopholes which are
discussed below:
(1) Adjudication before a Lok Adalat is by consent, if one party does not agree,
the case goes back to the court. If there is no consent, there is no decision;
(2) The procedure of Lok Adalat - organizing, conducting and awarding of Lok
Adalat is becoming rigid especially after the enforcement of the Legal Services
Authorities Act, 1987;
(3) The anxiety of the litigants to settle their disputes without the vexation of
court litigations exploited by the opposite parties and even by some lawyers. The
person who claims the compensation would have been exhausted by the years of
litigation. It might be easy to make him agree to the payment of ‘contingency fee’
to his lawyer and to accept an amount which is much lower then his due. After the
settlement, the lawyers may take a major chunk of the amount as ‘contingency
fee’. Although taking contingency fee is prohibited in our country, it is being
practiced by some lawyers. They must realize that what they do is for the cause of
social justice and avoid exploiting the poor people;
(4) The goal of the Lok Adalat is to affect a compromise but in mass scale
disposal of cases in Lok Adalats, it is difficult to expect that compromise
settlements of mutual benefits would be searched for;
(5) The legislation has given the judiciary an almost exclusive role in organizing
Lok Adalat and directed the observance of norms the judiciary adhere to in
adjudication. There is little role for people especially trained in negotiation,
mediation and conciliation;
(6) In the name of the speedy resolution of the disputes the fair interests of the
parties are sacrificed. The case of Manju Gupta vs. National Insurance Company,
demonstrates the sad state of compromises and settlements in Lok Adalats
denying the fair minimum claims of the petitioners. The Motor Vehicle Act, 1988
emphasis on speedy resolution of the claim but due to inordinate delay the
claimants settle at the lowest compensation with the insurance companies; and
(7) A major drawback of Lok Adalats is that its emphasis is on a compromise or

settlement between the parties. If the parties do not arrive at any compromise,
either the case is returned to the court of law or the parties are advised to seek
remedy in a court of law.
So these are the loopholes which have to be looked for proper functioning of this
system as a hole.
11. CONCLUSION AND SUGGESTIONS:
India has to be a venue for international arbitrations. New trends in litigation,

such as those related to intellectual property rights, cyber crimes, environment,
money laundering, competition, telecom, taxation, international arbitration and so
on need expertise. This could be possible only by providing proper training to the
judges of Lok Adalat. Establishing separate, permanent and continuous Lok
Adalats for government departments, statutory authorities and public sector
undertakings for disposal of pending cases as well as disputes at pre-litigation
stage, which is not yet done. Though this measure is thought to been taken up by
the NALSA in the year 1998 but yet not implemented. So the same must be
brought into picture as soon as possible. More over, there has to be more creation
of awareness to Legal Aid Schemes and programmes under it. Lok Adalats are
certainly a big boon to the present judicial system. However lots of work needs to
be done in this sphere. More discipline must be brought into the present system.
For instance, since December 2005, over 2000 applications have been filed with
the Lok Adalat of the Andaman and Nicobar Islands. Less than 100 cases have
been disposed off till date. The claims filed with the Lok Adalats pertain to
inadequate compensation for loss of crop, land, livestock, boats and ancillary
equipment, life, disability and small-scale businesses. Also the relief packages are
being interpreted contrary to the spirit of the law, depriving most poor people of
basic means of sustenance to restore their livelihood17. Also the ambit of the Lok
Adalat must be widened for speedier disposal of more cases. I am also of the view
that the provision of consent must be done away with if the matter is a perfect
case to be referred to the Lok Adalat. Such a step will bring in more disputes to
the Lok Adalat for the speedy disposal of the matter. Finally, the awards of the
Lok Adalats must be given precedent value for similar disputes brought forward
in the Lok Adalats. It is because the awards given by the Lok Adalats are final
and in nature as no appeal may be preferred against such an award. Therefore, it is
humbly submitted that if such steps are taken by the eminent lawmakers of our
country then I sincerely feel that it would drastically bring down the number of
pending cases in our country and would provide speedy justice to everyone as
‘justice delayed is justice denied’.
12.Bibliography:
For this project on ‘Efficiency of Lok Adalats’ I have used a numerous amount
of resources ranging from books to websites and even personal interviews. So,
now I will enumerate the resources used by me.
Websites used:
1. Scope for judicial settlement:
www.legalserviceindia.com/articles/lok_a.htm
2. Lok Adalats concept:

en.wikipedia.org/wiki/Lok_Adalat
3. Lok Adalats for speedy justice:

www.hinduonnet.com/thehindu/.../2001121800060100.htm
4. Lok Adalats for consumers:

www.consumergrievance.com/icrpc.org.lokadalat.htm
5. Lok Adalats for labourers cause:

labourandemployment.gov.in/labcom/statistics/lok-adalat.htm
Publications , books and journals used:

1. Agarwhal, A.K. “Role of Alternative Dispute resolution methods in
development of society: ‘Lok Adalat’ in India” W.P. No.2005-11-01, IIM.
2. The Legal Service Authorities Act (1987).
3. Iyer, Krishna. Legal Services Authorities Act: A Critique. Madhurai: Society

for Community Organization Trust, 1988.
4. Lok Adalat: An Effective Dispute Resolution Mechanism – Sarfaraz Ahmed

Khan.
5. Legal Aid to the Poor: The Law and Indian Legal System – Shyam Sunder
Sharma.
6. Different newspapers: Times of India, Indian Express, The Hindu, etc…
These are all the material which I used for my research project including a case study
done at Metropolitan Court Ahmedabad. Thank you.
13.Appendix:
1. Weekly Reports:
Nirma University of Science & Technology
Institute of law
Summer Placement Training (2009-10)
Weekly Report-1
II Semester of B.A. LLB (Hons)
Roll NO.:09BAL102 Duration of the report: 2nd to 7th

MARCH’10
1. Name of the Student: ALOK RATNOO
2. Name of the NGO: RESEARCH FOUNDATION FOR GOVERNANCE-INDIA

(R.F.G.I.)
3. Address of the place of internship: 3, Brahmin Mitra Mandal Society,

Mangaldas Road, Ellis bridge, Ahmedabad – 380006, Gujarat, India.
4. Name & designation of the Supervising & Guiding Officer: Ms. Kanan Dhru -
Founder & Managing Director- R.F.G.I.
5. Topic/ area of the project: Efficiency Of Lok Adalats
6. Activities done during the week
1. Started collecting all the basic information about Lok Adalats from books and net.
2. Collection of empirical data on the working of Lok Adalats.
3. Visited the State Legal Service Authority at Gujarat High Court to get more
information about Lok Adalats being held at the state level.
4. Visited City Metropolitan Court at Mirzapur and observed the proceedings of the
Lok Adalats held there.
5. Interviewed Metropolitan Magistrate Mr. D. I. Patel , some lawyers and some
litigants about this setup and there views about Lok Adalats
6. Getting through the history, working of the N.G.O (R. F. G. I) and the activities
they use to do.
7. Got involved in the organizational tasks of a public debate being organized by the
R.F.G.I on ”Inner Party Democracy” and went to Gujarat state assembly in this
regard to invite senior leaders to the event and met Mr. Narendra Modi – present
C.M. of Gujarat from B.J.P and opposition leader Mr. Shakti Singh Gohil from
Congress.
7. Your observation during the week

• The legal aid authorities at high court are very helpful and avails for every
information (relevant) about there activities and ask for more student
participation to increase awareness about dispute resolution mechanism
among people and henceforth reducing the burden of cases on courts.
• People are know opting more for this alternate dispute resolution mechanism
as it is time-saving, cost efficient, and a method of reaching to a solution by
themselves.
• Most lawyers are in favor of this Lok Adalat system, but some do not have
likeness for this system.
• Will need to attend one more Lok Adalat to have a clear mind-set about the
working efficiency of this system, and the way the cases are disposed-off.
• R.F.G.I is fully dedicated to its cause to evolve a legal thought on the “good
governance” by involving youth from all spheres.
8 New things you learnt during the week

• Working of State Legal Service Authority at Gujarat High Court.
• Working of Lok Adalats and dedication of judges in this regard.
• Working of Gujarat state assembly.
• Organizing an event like public debate by the N.G.O.
• Interviewing various people for my project and for the event of my N.G.O
(R.F.G.I) on “Inner Party Democracy”.
• Short-movie making.
9 Remarks of Supervising Officer:

(Kindly give rating from 0 to 5. Also can make specific remarks (if any).
Punctuality Regularity Sincerity Output of the Overall

work assigned
Date: 8th march, 2010 Signature of the student
_________________________
Name & Signature of Guiding &
Supervising officer

Institute of law
Weekly Report-2
Roll NO.:09BAL102 Duration of the report:8th to 14th

MARCH’10

(R.F.G.I.)

1. Comprehensive study of all the collected data on Lok Adalats.

2. Interviewed Mr. M. N. Priyadarshi – Labour Officer, on the cases held in Lok
Adalats by the labourers and the labour department and his general views on the
topic of Lok Adalats.
3. As an organizer on behalf of R.F.G.I., we conducted a public discussion on
Women Reservation Bill at Zen Café, CEPT University. The event was covered
by Ahmedabad Mirror.
4. As a delegate from R.F.G.I, I attended a meeting at Justice T. U. Mehta’s
residence, former chief justice of Himachal Pradesh High Court, on the issue of
transparency of the judicial system and the R.T.I. issue about judge’s declaration
of property. A panel was formed for deciding the further course of action on the
above said matter. The panel included our NGO’s director Miss Kanan Dhru. The
entire meeting was covered by Indian Express, Ahmedabad Mirror and DNA.

• Various kinds of labourers and industrial worker related issues can be easily
solved with Lok Adalats. It is also a cheap medium to get justice to these
people.
• Women reservation bill debate is becoming a very complicated issue in the
present scenario. Women were less participatory at the public discussion. But
majority of people out of 50 present at the discussion voted in the favor of the
bill.
• Former judges and judicial luminaries are very much active in the judicial
decisions and about the transparency in the judiciary.
• R.F.G.I is fully dedicated to its cause to evolve a legal thought on the “good
governance” by involving youth from all spheres.

• Practical working of Lok Adalats and problems faced by the laborers and
industrial workers.
• Organizing public discussions and controlling public debates.
• Research activities. Etc……


work assigned
Date: 14th march, 2010

Signature of the student
_________________________
Supervising officer
Institute of law
Weekly Report-3
Roll NO.:09BAL102 Duration of the report:15th to 21st

MARCH’10

(R.F.G.I.)

1. It was entirely the week of office work. Compilation of the project and further
research on the project by staying at the office of R.F.G.I.
2. Went to attend the short film festival – ‘SHAMIYANA’ at Darpan on the
Thursday evening of 18th of March to attend the screening of R.F.G.I short film by
one of the intern.
3. Attended a meeting on Saturday at R.F.G.I’s office regarding the work I have
done so far and how I can improve on my further research activities.
4. Follow up with the R.T.I. issue of judges’ appointment and judicial transparency
with the panelists and furthermore getting in touch with the different high courts
of other states in regard to all above said and what I have already mentioned in
my 2nd weekly report of 14th March.
5. Got all my documents of the period of internships attested from our director of
N.G.O. Miss Kanan Dhru.

• How the research work is compiled
• Then how the N.G.O’s main office’s different section’s work for e.g.
accounting, administration is working etc...
• How the actual screening of films takes place and yes!!!a lot of hard work is
done by N.G.O’s and Short film makers on bringing the change required in
the society.

• Compilation of research project.
• Inner working of N.G.O.
• Efforts taken by short film makers on bringing out the social and legal
awareness among the mass.


work assigned
Date: 21st March, 2010

Signature of the student
_________________________
Supervising officer
2. Questionnaire and Case study:
This is the case study which I did for my project on ‘Efficiency of Lok Adalats’.
It includes the entire case study and the questions I asked regarding the structure
of Lok Adalats to the different people and authorities associated with the case. So,
here it goes……….
Case study:
Citation: Criminal Miscellaneous Application no: 2005/09, Metropolitan Court no:18
Ahmedabad( Gheekanta court)
Applicant- Ritaben Bharat Ahuja
Vs.
Opponent- Bharat Rellumal Ahuja + 3
Lawyer of applicant: Mr. D. K. Saresa
Lawyer of opponent: Mr. R. F. Bhagat
Judge in the Lok Adalat’s this case’s proceedings: Metropolitan Magistrate Mr. D. I.
Patel
Legal issue involved: Domestic violence act-2005
Any other matters filed at any other court of law: criminal miscellaneous application
no: 276/2010 at family court no: 5, Ahmedabad.
Facts of the case:
Both the applicant and the opponent are wife and husband respectively; both the parties
are originally from Maharashtra. Ritaben hails from Ulhasnagar in Maharashtra and
Bharat Ahuja is from Srirampur from the same state. Both of them got married 4 years
before and because of some family feud Ritaben left him about 2 and half years back and
came to Ahmedabad and started living with her brother. She had filed case on the ground
of domestic violence at the family court in Ahmedabad after which the court summoned
Bharat Ahuja to the court of law.
The party has a 2 year child of theirs too, who is now with Ritaben. She didn’t want to
live with Bharat Ahuja anymore so she had filed an appeal for divorce in the same court.
Because of the family’s persuasion both the parties have decided to recall back the appeal
of divorce and want to take a middle path and considering the future of their child have
turned up to mediation by the court of law as a solution to their problem. Both the parties
have their own terms but court is trying hard to satisfy both the parties to drop the case
and again turn back to their married life.
The case is yet not decided and the next hearing is on 26th of March of 2010.
-----------------------------------------------------------------------------------------------------------
----------
After watching the case history and the proceedings in the case I had decided to interview
both the parties, their lawyers and the judge in the case on their views about Lok Adalat
concept as a whole and how much efficient it is proving to be. I had prepared a
questionnaire well in advance to get my quarries solved in regard to this concept. All of
them answered my questions properly.
Questions from the judge in this case – Mr. D. I. Patel:
1. Was this a typical case? If not, why not?

Yes, it was a typical case of domestic violence or say family matters which
usually comes under the purview of Lok Adalats.
2. Do you think the issue has been resolved? Do you think the litigants are happy
with the outcome?
Could not be said. If the issue resolves and both the parties agrees to each others
terms and agreements and then an amicable decision comes out of the case then
definitely the litigants will be happy.
3. Do you think the lawyers (if they were present) helpful in reaching a compromise,
or were they an obstruction?
Very few lawyers are not helpful in the fast disposal of the cases but most of the
lawyers are very helpful.
4. Do you think this is a proper method to dispose of cases?

If the compromises are made by the will of the applicants and opponents only and
they reach to the compromise by mutually agreeing to each other then it is
definitely a proper method to dispose of the cases.
5. Do you think Lok Adalats have reduced burdens on the regular courts?
Yes, Lok Adalats have reduced the burden of the regular courts. Thus these are a
very good and efficient method to dispose of the cases.
Question from the Lawyers: Mr. R. F. Bhagat from opponent’s side and
Mr. D. K. Saresa from applicant’s side:
1. Do you think the compromise reached benefited your client? If not, why not?
The compromise negotiations are going on and we have suggested our client to go
for the compromise because to conduct a matter in the court is highly expensive
and time wasting.
If we do not go for the compromise then we are supposed to be present before the
court on each and every date and they (clients) will have to face inconvenience.
2. Do you think the litigants are happy with the outcome?

We think that if the compromise is going to take place then it will be beneficial to
both the parties because they have to obey the duties towards their children also
and for their future.
3. How did the judge reach the compromise? What did you think of the judge’s role?
The said matter is still not finalised but the Hon’ble magistrate of court no 18 of
the metropolitan court is a very nice man because by keeping the law in his own
mind he is trying to settle the matter on the principle of natural justice and has
suggested to go for reconciliation and not to spoil the value and fruitful taste of
parties as well as their children. Such type of magistrates are to be found in the
rarest of the rare case because without abusing the law provisions he want to settle
the matter for the welfare of the society.
4. Are you paid by the hour, or by case, or through some other method?
Mr. R. F. Bhagat: I am an advocate practising since last 22 years and I have got a
handsome amount for the professional fees in cash and not by any other mean or
methods.
Mr. D. K. Saresa: I have been practising for the past 12 years and I being paid in
cash and that to per hour in a case.
5. Do you think Lok Adalats have reduced burdens on the regular courts?
Certainly, we can say that Lok Adalats are mainly established for the welfare of
the litigants for their grievances and to provide speedy remedy. We can say that
through Lok Adalats the burden of the cases on the courts both superior and lower
ones have reduced and because none of the parties are going to refer their cases
back to the courts.
Questions for the parties: Applicant and Opponent (both):
1. What motivated you to come to the Lok Adalat?
At the time when we have discussed for the compromise in Lok Adalat, we felt
that by forgetting and giving anything if any solution comes than it will be good
for the cause of the justice.
2. Are you happy with the outcome? Do you think it is fair?

We can say that if the solution is going to be found by the way of compromise in
Lok Adalat, we believe that the litigation will come to an end without any tension
or burden to both of us.
3. How did the judge behave? Was he or she fair in deliberations?

We have felt that the Hon’ble magistrate of the court is accommodating us as per
our needs, if we are interested to settle the matter and thus the attitude of court
towards us is purely monocline. We can say that being a male magistrate, he is
acting in both ways, looking from both the sides.
4. How did the lawyers behave? Were they useful in reaching a compromise?
Mr. Bharat. R. Ahuja: I am very much pleased with the attitude of my advocate.
He is also very cooperative in the settlement of matter by way of compromise.
Mrs. Ritaben. B. Ahuja: I am also very happy with the attitude of my lawyer. He
for sure will not let happen any injustice to me in the case. And he is also very
cooperative and is fully trying to put my cause in front and then letting
reconciliation happen.
5. Do you prefer Lok Adalats to the formal courts? If so, why?

We can say that the present method which is going on for Lok Adalats is a better
one, if Lok Adalats are going to be settled separately neither party will get the
benefit of Lok Adalats.
6. Is this your first time in a Lok Adalat?

No, this is not our first time in Lok Adalat, but since last 2 to 3 dates the
compromise negotiations are going on and we hope, we will get justification and
both of our needs will be satisfied in a just manner.
3. News paper clippings and articles:
1. Related with the topic of the project on ‘Efficiency of Lok Adalats’
1. Ahmedabad Mirror correspondent- Vijay Zala
Posted On Tuesday, December 22, 2009 at 02:51:30 AM
The metropolitan courts in Ahmedabad have made a

dent in pending cases by holding lok adalats on working
Saturdays. Launched in Madhya Pradesh, the concept
was adopted by Chief Metropolitan Magistrate K B
Mehta to push through the 3.5 lakh cases that were
pending when he took charge of the post on September
11.
Over 3,000 cases have been disposed of since the lok

adalats began on October 21.
Lok adalats settle matters at a pre-trial stage and
prevent cases from finding a way to court
Mehta said, “Madhya Pradesh holds lok adalats on
working Saturdays. We have replicated the system here after receiving permission from the High
Court of Gujarat. Lok adalats are held in all 35 courts here. Judges take up cases pertaining to
only lok adalat and each adalat disposes of 10-15 cases in one session.”
Decentralising justice
The pending cases have created great pressure on the judicial system. Lok adalats helps ease
this pressure by settling matters at a pre-trial stage, and preventing them from finding a way to
court. Lok adalat accepts cases that can be settled by conciliation and compromise. The main
condition is that both parties in dispute should agree for settlement.
When no compromise is reached, the matter goes back to the court. However, if a compromise is
reached, an award is made and is binding on the parties. It is enforced as a decree of a civil court.
An important aspect is that the award is final and cannot be appealed, not even under Article 226
because it is a judgement by consent.
Mediation not litigation

A panel of four advocates — former vice-president of bar association Bharat Shah, association
joint secretary Gulab Khan Pathan, advocate Bharat Bhagat and advocate Raju Patel — work on
a voluntary basis at the lok adalat.
They guide the accused as well as the complainant. The adalat handles cases related to
prohibition, private complaints, Negotiable Instrument Act for bounced cheques, gambling as well
as non-cognisable offences. In many western countries, 90 per cent of the disputes were settled
out of court through mediation.
Ahmedabad gets nine more evening courts

Three years after the introduction of seven evening courts at metropolitan court, nine more courts
have been set up to tackle case backlog. These will deal with all cases including those pertaining
to the Negotiable Instruments Act and section 498a of the Dowry Prevention Act.
The evening courts begin at 7 pm and work till 8.30 pm. Started on experimental basis in
November 2006, the evening courts first took up cases related to minor offences, and later
progressed to criminal cases. Gujarat was the first state to implement the double-shift system to
clear backlog of cases.
Source: Ahmedabad mirror.
2.Views of Girish Patel on Lok Adalats: (from India Together.org)
ACCESS TO JUSTICE
Crippling Lok Adalats

As the justice delivery system gets farther from the people, a serious attempt like the Lok Adalat to make
justice accessible to a large chunk of the poor has been appropriated by powerful vested interests. The
search for an equitable justice system has come to an end, writes Girish Patel.
"We all want a Humane Legal System, but I think we sometimes forget that the largest part of humane is
human. A humane legal system would look at the people it deals with as human beings, people with hearts
and heads and lives and troubles. I think the biggest problem with our legal system is that often it sees the
people it deals with as disembodied crimes or torts or bank accounts, and not as human beings. If we are
ever to fix that, or set it right, we need lawyers not only with great minds, but also great heads.
Justice and efficiency and legal craft are very good things. It is good and right and proper that you have
spent three years learning about them. But they are incomplete. Justice need mercy, efficiency needs
empathy, and legal craft needs love. And if words like empathy and love sound like they do not belong to the
same page with a phrase like legal craft, I think that may be a sign that we have lost our bearings. If there is
one thing I would ask you as you begin your professional lives, it is this: Do not lose your bearings. Use your
minds and also use your hearts."
Prof. Bill Stuntz

Harvard Law School
December 2007 - I am in search of real Lok Adalats as they originated in Gujarat from the most sensitive
heart of late Chief Justice of the Gujarat High Court, M P Thakkar, who also served the Supreme Court as
its judge. Like him many of us expected Lok Adalats to grow and develop into temples of justice. Sadly, this
is not seen anywhere in India as they are failing. Not that they are dead, but as it happens in India with other
institutions, they have suffered total metamorphosis into something completely different, distorted and
perverted.
Unfortunately we missed a great opportunity to develop purely, indigenous people's courts of

justice, based upon the ideals of our Constitution, namely democracy, liberty, equality, justice, fraternity
and human dignity in furtherance of our Constitution's "commitment to socio-economic revolution"
(Granville Austin). The well-entrenched system of vested interests
extending upto careerist legal professionals, mainly money minting
lawyers and reactionary socio-economic forces, who co-opted emerging Lok Adalats to serve their narrow
interests. As a result 'We, the People of India', remained where we were - trapped, alienated, impersonal,
remote, narrowly divided and dominated by a system of administration of justice in which justice-seeking
people are the only 'outsiders'.
Genesis of Lok Adalat
The Lok Adalat really originated from the failure of the established legal and juridical system to provide
effective, fast, and inexpensive justice with the litigant at the centre, particularly the huge arrears of cases
which took extraordinarily long time for disposal. In most of the cases, common people were waiting for
justice - many a times simply for the conclusion of the case, not for justice. Again plethora of appeals,
revisions, reviews, and the end product is either victory or defeat of one of the parties, but not satisfactory
and just resolution of the dispute.
The late Justice Thakkar could not bear the sight of waiting and begging workers, widows, landless
labourers, Dalits or Adivasis cherishing hope for justice howsoever faint it could be. The first Lok
Adalat was held in Junagadh with great preparation and remarkable simplicity. It was a great success
and the idea picked up and led to a number of Lok Adalats
with the help of a select and sensitised group of advocates
and at different places. At many of them the atmosphere was charged with enthusiasm, and missionary
zeal. In one Lok Adalat in north Gujarat, when the judges- cum-lawyers asked an ordinary litigant,
"What is your problem?" The man with fears in his eyes said, "For the first time in five years, somebody
has asked me about my case."
Many of us saw in this small incident the potential of Lok Adalats to grow into genuine Justice-Courts
of the people and for the people. The sole guiding principle of Justice Thakkar was to turn Lok Adalats into
"less expensive, less speculative, less glamourised, more participatory, more resolutions oriented or
dispute solving mechanisms that work to serve the purpose of justice with humanity in mind".
A novel and exciting idea
In one sense, we in India had some kind of village community or caste panchayats or Adalats where local
disputes were sought to be resolved. The problem was that they were nyaya panchayats (caste/community
panchayats) or village panchayats operating within the rigid framework of the unjust, inequitable, hierarchical
caste-system, where justice among equals was possible, but not justice between unequal opponents.
Equality before law was absent. On the other hand when the British established their own judicial system
with independent courts and lawyers, its "equality before law" did please the lower castes and lower ranks. It
had a revolutionary germ, namely, even a Dalit can file a case against Brahmin.
But this was only a mirage. The social structure did affect the system and could not translate formal equality
before law into substantial and real equality. The dominant sections and the lawyers hijacked the institution.
Moreover, the system was so remote from the social reality and people's own world that it remained a totally
alienated and impersonal system. It used to be said that a person who could not tell lies before his
neighbours and relatives can shamelessly tell lies in a court of law even under oath. The English courts
finally became the courts of the few and for the few, where the goddess of justice had unequal scales. The
system centred around professional judges and skilled lawyers where the litigants were only the passive
consumers and recipients of whatever justice could trickle down.
As against this, we could see in the Lok Adalats - as they originally started working - their inner potential of
overcoming the limitations of both traditional and British systems. They might bring back centre-stage the
common people seeking justice, and deliver justice to the satisfaction of both parties, given the help of
sensitive judges and caring lawyers. We did not consider Lok Adalats as only a way out of the arrears of
cases, but much more than that i.e. as genuine people's tribunals - independent, impartial, participatory and
more justice-oriented that aimed at resolving disputes as far as possible.
Downtrend
After a few successful Lok Adalats, the process of distortion started. The very same vested legal interests,
both among judges and the lawyers, started smelling something threatening the system they had created for
themselves and their careers. They did not openly oppose it but toyed with the idea of using it to their
advantages.
Firstly, the Lok Adalats were found useful for reducing the burden of arrears of cases with great ease and
without additional burden upon them. Secondly, to show the good performance and success of Lok Adalats,
pending cases which were likely to be settled or compromised were kept pending and assigned to be placed
before the Lok Adalat. Thus, a game of numbers was set off. Thirdly, Lok Adalats came to be used by
judges at all levels for self-image-boosting and career advancement by extravagant publicity and fanfare.
The simple puri-subji or khichdi-chhash gave way to multi-cuisine dishes. Fourthly, the lawyers who have
already received their fees fully looked upon Lok Adalats as a method of disposing of cases no longer useful
for them.
Fifthly, the Lok Adalats that were meant to bring about resolution of dispute on the basis of equality,
fairness, justice and give-and-take deteriorated in course of time into some kind of invisible, coercive
agencies for brining undue public pressure, particularly pressure from the lawyers, judges, and the social
workers present in the Lok Adalats for settlement despite its being unfair, unjust and calling for one sided
sacrifice. Sixthly, the same unjust, unequal, authoritarian and hierarchical socio-economic structure of our
society which was responsible for distorting the established justice delivery system engulfed the new system
of Lok Adalats with the result that the poor, weak, needy and deserving side started losing their just fight to
the advantage of rich, affluent, powerful and well off sections.
Thus, the haves could have their way over have-nots. The former could purchase injustice at a low cost and
with impunity. Thus, Lok Adalats also met the same fate as had happened to many other well-meaning
institutions. Many times, good institutions die before their actual arrival and others die on arrival as they
slowly undergo a decaying process or metamorphosis and grow into something totally different with different
and opposite fuctions.
Vested interests' game
Lok Adalats originated from nobler purposes and for serving the cause of justice and bringing it to the door
of the people. But the concept was never fully examined and was allowed to grow haphazardly and on an ad
hoc basis. Nobody tried seriously to put it in a larger and proper historical and socio-political context.
How should we look at the very concept of Lok Adalat - merely as a byproduct of the failure of our judicial
system, or as a simple device to dispose of the heaps of cases pending for years in our courts, or as an
alternative justice-delivery system to be imposed from above? If this is so, it was bound to fail or falter
sooner or later. It could not develop simply as an adjunct of the present system of administration of justice
centering around passive judges and controlled by aggressively expensive lawyers. Except Justice Thakkar,
and few other judges, and a few committed lawyers, others - lawyers and judges - did not take Lok Adalats
seriously. In fact, they looked down on them, and ridiculed or laughed at them. Many reluctantly joined and
soon they discovered how this could serve their professional purpose. The spirit of the institution
disappeared, its idealism evaporated; only form remained along side its professional utility.
The Lok Adalats, as conceived and perceived by late Justice Thakkar could not take deep roots in the soil. It
did not become part of natural ethos, part of living law. It was never accepted by the judges and lawyers as
essential part of their true functions as persons entrusted to take forward the cause of justice and fairplay in
the society.
How to look at Lok Adalats?
The institution of Lok Adalat should be understood in the context of the evolution of our polity. As we have
seen, we did have our own system of local and royal justice, with all its imperfections, injustices, and
inadequacies. Aa a brooding sense of injustice is omnipresent in every human being, every society
recognises forms of injustices and evolves its own methods of doing justice, always influenced and
controlled by powerful interests. Still it had it roots in the society. The British system, even though based
upon liberal concept of rule of law and equality before law, has merely remained an alien system for the vast
majority of our people. It never became a part of their day-to-day life. The people by and large did have
neither resources nor energy to use these courts and mostly were dragged into courts as victims or
defendants. The courts and the law were for the people, not of the people.
It was the freedom movement which gave us the new ideals of liberty, equality, justice, dignity, fraternity and
democracy and which finally culminated in our Constitution in 1950. Its preamble, its democratic institutions,
its ideals, Fundamental Rights, Directive Principles constitute our "nation's conscience" and stood for our
commitment to socio-economic revolution. Our basic institutions - Parliament, Legislature and Executive -
were moving towards people's participation through adult franchise and free elections. The 73rd and 74th
Amendments adopted the Panchayati Raj institutions that were based upon principles of decentralisation of
power and participatory democracy.
The Supreme Court took one very important step forward by evolving relaxed locus standi and opened the
gates of justice for the large section of invisible and inaudible people through Public Interest Litigation - a
new participatory institution. A new concept of preventive and remedial legal services came to be recognised
and adopted. Public hearing in environmental projects was accepted by law, and now the people's right to
information has become a very important instrument for the people in the affairs of the nation.
Lok Adalats ought to have been understood, accepted and evolved in this direction - as participatory
people's courts or centres of justice with the best features of people's participation and people's perception
and of independent, fair and equal justice. They could and should have become a part of the process of
humanisation, emancipation and democratisation of law and justice. Of course this required clear vision,
perception, insight and foresight, leadership, commitment, courage and strength of conviction and firm
determination to fight against all odds and vested interests. This was not to be, and as it happened with
most of our Constitutional institutions, it also overtook Lok Adalats.
Is there no hope?
We cannot afford to give up hope. The process of humanisation and democratisation is always slow and has
to undergo ups and downs. The question is of rendering justice to the members of society, and every society
has to arrange for protecting rights, preventing or promoting wrongs and for settling or resolving disputes,
both individual and collective. It is for one of these principal reasons for which state as a political institution
came into being and if it ceases to discharge that function or fails in this, it ceases to be a state.
Of course, justice through state courts is not the only way. In every society there are a number of conflict-
resolving or dispute-settling systems or modes for justice, and it is generally well recognised that resort
to a court of law should be the last one. Social resolution of
disputes is generally preferable to official resolution because
it is more socially acceptable and does not ordinarily leave behind bitterness. It can also be preventive.
Lok Adalats must be considered as one of the agencies in this wide social context, not merely as an
appendage to or corrective of the present system.
Lok Adalats, if properly conceived and thoughtfully designed, have many advantages over the established
courts. They combine both lawmen and lawyers. They are less formalised, less expensive, more
purposeful and directly committed to real long term justice. The litigating people have greater scope for
participation in the satisfactory resolution of their disputes. Lok Adalats can thus perform different functions
depending upon different factors. They can pre-empt and remove the causes of the likely disputes with the
assistance of auxiliary people's centres which can constantly be vigilant, and sense or detect possible areas
of conflict or can encourage people to bring their possible or likely disputes before them. They can also act
simultaneously as conciliators, mediators, arbitrators or adjudicators as per the requirements. One special
advantage is that their decision will be made easily acceptable and smoothly enforceable.
These Lok Adalats will be and can be indigenous and people's court or tribunal originating or drawing
inspiration from the people - not remote, alienated, impersonal, formalistic and legalistic. Like language, law
and its courts must reflect the volkgeist - the spirit of the people - not because this is always just and
righteous, but because it is closer to the law of life. The absence of this was the bane of the English system
in India, which remained largely an urban and elitist institution for the few, while the common people
continued to live and resolve problems in their own ways. Lok Adalat can combine both traditionality of the
modern and modernity of the tradition.
The modern world of globalisation is in search of different alternative disputes-settlement methods for its
trade, business and industries, and Indian lawyers and judges are in a hurry, as if they were evolving or
creating original methods for the people. They do not know - or pretend not to know - that they are really
trying to meet the rising and urgent demands and needs of a globalised capitalism. There is nothing wrong
in this, but the search and zeal for effective and genuine people's tribunals or fora for people's problems
must also go on simultaneously. Here there is an opportunity for a strong movement and campaign for Lok
Adalats. Such Lok Adalats will have roots in the soil, easily accessible and acceptable to the people. They
can perform different roles - preventive, negotiating, bargaining, compromising and resolving. They must
retain and preserve the basic feature of impartial, just and fair system of justice, with popular participation,
but not diverted or distorted by populism or guided or controlled by powerful vested interests of the society at
the local level.
What ought to be done?

The task is not very easy. Its challenge has to be accepted. But we cannot afford to give up the idea. We
should start at both the ends. One, the pending cases in different courts can be sorted out and those cases
touching the essential needs of the people should be our focus. To resolve them, we should build up a good
team of lawyers, judges and social workers who understand the social dynamics and who can withstand the
pressure from the stronger elements of society. We must orient them towards seeking demystification of law,
so that they start understanding that essence of law is substantively equal treatment and justice. At the other
end we should start at the grassroot level, and build up an organised group of easily available law-men and
others, who live and work in the midst of the people and who can provide preventive legal services to the
needy, particularly the poor and the weak.
The idea is to root out the initial causes of trouble and disputes and resolve them at the earliest.
This requires a totally new approach. The 21st century is considered as the century for human rights
and human developments. The basic principle is people's
participation and people's control in all spheres. This must
also include the sphere of law, lawyers and judges. Law
cannot be allowed to be too much sophisticated, learned and intricate, or even scientific, otherwise it will be
only a lifeless machine to be used and abused at will. Lawyers and judges cannot be mere black-
letter men looking upon law as only an exercise in logic and not in life.
There is nothing new and surprising in this. What was after all the jury system in criminal cases and even
in civil cases? The spirit underlying this must pervade and permeate the entire juridical system. It is
definitely a long term project and there are no short cuts. We must start with our law colleges and with our
legal education. We must aim at producing and training lawyers and judges for radical people-
orientated transformation of our justice-delivery system. In course of time Lok Adalats as projected here
will take deep roots in the soil and will be accepted as the foundation of our judicial system. Only then
courts of law will become courts of the people - integral part of people's social life.
This will be a very challenging task - to create people's institutions with the active cooperation and support of
the people. We must also remember that this will be seriously resisted by the established profession, as it is
rightly said "every profession is a conspiracy against lay people". We must be on constant guard to ensure
that the new institutions are not hijacked by the judges and lawyers for their self interest. It is necessary that
these institutions grow from the bottom and not from the top and for this a strong people's movement
demanding the people and justice-centered system of administration of justice is necessary.
We do require trained judges and trained lawyers, not as benefactors or commanders but as people's
servants and equal participants with those seeking justice. These local and decentralised institutions
working with and in the midst of the people and with openness, fairness and transparency are the only
effective answers to the ideological hegemony of capitalism and globalisation controlled by giant national
and multinational corporates. We must strive to make latter subordinate and subservient to the demands of
dignified life of the common people in every nook and corner of the country. Are we prepared to accept this
challenge?
Girish Patel
December 2007
Girish Patel is a human rights activist and a senior advocate in the Gujarat High Court.
Source: This article is republished by arrangement from Combat Law, volume 6, issue 6.
3.Indian Express article on Lok Adalats winning people’s faith:
Lok Adalats have won people's faith

EXPRESS NEWS SERVICE
SURAT, Nov 15: The State Legal Services Authority working president and judge of the
Gujarat High Court Justice J N Bhatt said more and more litigants were turning to Lok
Adalats as it was inexpensive and justice never delayed like courts.
Justice Bhatt while speaking at the 143rd District Lok Adalat held in the district and
sessions court on Saturday to mark the end of the Legal Awareness Week said 6,800
cases were brought to the Lok Adalat for settlement. The judge called on the authorities
to respond in equal measure and dispose of as many cases as possible so that people's
faith in the judiciary can be further strengthened.
This was jointly organised by the Gujarat State and Surat District Legal Services
Authority. About 1460 such adalats have been held in the state so far and the district
recently received a state award for conducting and disposing of maximum lok adalats and
cases. About 2,50,029 cases have been solved till date. The biggest advantage of lok
adalats over regular courts is that not a single rupee has to be spent by the parties and the
result is expeditious.
While expressing happiness over the increase in legal awareness among the people, Bhatt
felt that more efforts needed to be made in this direction. He cited the example of legal
awareness programmes held by the government on October 2 throughout the state and
felt that more such programmes were necessary.
High court judge K R Vyas, additional chief secretary (administration) P David, officials
of major banks, district judge A A Qureshi, Surat District Bar Association president Ashit
Mehta and others attended the lok adalat.
Source: Indian Express

2. Related with the R.F.G.I’s activities during my internship period:
1. Lawyers protest SC’s decision to challenge HC’s verdict
By IANS
Posted On Sunday, March 14, 2010 at 02:27:47 AM
A group of Gujarat legal luminaries has criticised the Supreme Court’s decision to appeal against the Delhi
High Court judgement on the disclosure of assets of judges. It has formed a panel to decide the future
course of action and mobilise public opinion.
At a meeting of former judges, lawyers and social activists in Ahmedabad late on Friday, the members
passed a resolution protesting the apex court decision. The meeting was held at the residence of justice T
U Mehta, former chief justice of the Himachal Pradesh High Court.
The apex court has decided to appeal against the judgement of the Delhi High Court about assets’
disclosure under the Right to Information (RTI) Act.
Senior lawyer Girish Patel said on Saturday that the three-member panel would decide on the future
course of action. The panel consists of former justice R A Mehta, Kanan Dhru (R.F.G.I) and Girish Patel.
They will forward the resolution passed at the meeting to bar associations in the state.
The resolution points out that it would not be in the interest of the highest ideals of justice for the higher
court to be a petitioner and litigant before itself in a case involving its own actions. “It will shake the
confidence of the people in the highest court. We believe this action of the apex court will undermine the
authority and credibility,” the resolution stated.
Source:http://www.ahmedabadmirror.com/index.aspx?Page=article&sectname=News%20-
%20City&sectid=3&contentid=20100314201003140227472005c5acc4
2.Ahmedabad youth ponder cost of women's bill
DNA
Friday, March 12, 2010 9:10 IST
The Women's Reservation Bill generated mix reactions among Ahmedabad's youth at a
debate on the same organised by the Research Foundation for Governance in India
(RFGI) on Thursday evening. The debate saw intense interactions between those for and
against the Bill. "Women have been shouting about inequality for long. This is their
chance for empowerment and more opportunity on a high-level playing field," said
environmental engineering student, Nemi Vora, 18, who supported the bill.
According to her, it provides a window of opportunity for gender equality. She further
said that more women in government will help address various issues related women.
"This (bill) will give women hope in changing their situation and bring about much
needed reformation," said Vora.
Another supporter of the bill, vice-resident of AIESEC in Ahmedabad Prakash Iyengar
said, "This bill is a one time opportunity for women, who are already working hard at the
grassroots level, to break the glass ceiling and facilitate women's empowerment." In
contrast, other participants of the debate who opposed the bill said that reservation
defeated the talk about equal opportunity.
"I'm against reservation because it does not represent equal opportunity," said Anar
Shukla, 29, a project manager with Education Initiative.Shukla said that the bill is a
reflection of affirmative action and female proxy candidates may be viewed as 'dummies'
or 'props' rather than be judged on the basis of their merit.
"The women will not be chosen because of their intelligence or experience, but because
of their gender. I want to be able to choose the person who will speak for me irrespective
of the gender," she said. Only one-fifth of the 30 attendees who took part in the debate
were women.
The other arguments against the bill included lack of suitable women candidates, effect of
motherhood on a female politician's career among others which some youth said would
weaken a female candidate's position.
"I was surprised by some of the chauvinistic comments," said Vora who said that many
women make it to the top on the basis of pure merit.
However, some were fearful the bill would bring out more Bihar cases where former
chief minister, Lalu Prasad Yadav appointed his illiterate wife, Rabri Devi, to step into
his shoes after he was forced to quit office over some corruption cases.
Source: http://www.dnaindia.com/india/report_ahmedabad-youth-ponder-cost-of-
women-s-bill_1358219
3.No internal debate happening within political parties'

TNN, Mar 8, 2010, 05.54am IST
AHMEDABAD: The existing democratic system within the political parties in the
country needs an overhaul. Constant effort is needed to strengthen the inner party
political system. This was the high point of a public debate on democratic system within
political parties organised by city-based Research Foundation for Governance in India
(RFGI) on Sunday.
Taking a critical view of the political scenario, former IIM-A dean Jagdeep Chhokar and
founder-member of the Association For Democratic Reforms (ADR) said, "Political
parties need to be more responsible and accountable to the public. Presently, their only
job is to win elections."
He added that there is no internal debate happening within the political parties. "If there
is a voice of dissent, either the member is barred or they float a new political party. The
internal democratic system within the parties will greatly help the governance in
country," said Chhokar.
The debate also saw representation from two major political parties in the country chief
spokesperson, Gujarat Congress, Arjun Modhwadia, and minister of state, Gujarat and
MLA from BJP Saurabh Patel.
Modhwadia accepted the fact that there has been an erosion in democracy within political
parties. "Right of dissent is an important factor in matured democracy. Rahul Gandhi has
taken a lead in strengthening the internal party democracy by organising elections at
grass root levels. The political parties need youth power to propel bigger changes in
society," he said.
However, Patel differed. "On a practical level, the inner party democracy creates internal
rivalry because of existing caste equation and onus of giving representation to each one
of them," he said.
Sharing the Samras' initiative of Gujarat Government, Dalal said, "The initiative of
building consensus in choosing a representative without dividing the electorate has been a
success."
Present chief vigilance commissioner and former chief secretary of Gujarat, Manjula
Subramaniam lamented the fact that majority of work done by elected representatives
revolves around administrative issues like transfers and promotions in the government.
"Democracy is an evolutionary process and each stakeholder needs to take a
responsibility to strengthen it," she said.
Source: http://timesofindia.indiatimes.com/city/ahmedabad/No-internal-debate-
happening-within-political-parties/articleshow/5655238.cms

Lok Adalat..... A Research Project During My Internship

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Nirma University

B.A.LL.B. (Hons.) Programme

With Research Foundation for Governance in India NGO

As a part of Clinical Training

For the academic year 2009-10

Efficiency of Lok Adalats

Prepared & Submitted By

Alok Ratnoo – 09BAL102

8 New Issues in The Lok Adalat

11 Conclusion & Suggestion

This project is an outcome of the three weeks placement programme of Institute of

Date: Name & Signature of Trainee

I would also like to thank:-

2. Metropolitan Magistrate Mr. D. I. Patel of Gheekanta court, Ahmedabad.

3. Advocate Mr. R. F. Bhagat & Mr. D. K. Saresa.

Thank you to all once again.

1. R.F.G.I – RESEARCH FOUNDATION FOR GOVERNANCE IN INDIA

2. N.G.O – NON-GOVERNMENT ORGANIZATIONS

3. ADR – ALTERNATIVE DISPUTE RESOLUTION

4. PUS – PUBLIC UTILITY SERVICES

5. PLA – PERMANENT LOK ADALAT

6. NALSA – NATIONAL LEGAL SERVICES AUTHORITY

8. CPC – CIVIL PROCEDURE CODE

9. MVA – MOTOR VEHICLES ACT

10.MACT – MOTOR ACCIDENT CLAIMS TRIBUNAL

The Research Foundation for Governance has a broad perspective on "governance".

The Research Foundation for Governance in

Founders: Kanan Dhru

Type: Research, Awareness, Consulting

Founded: 26 January 2009

3, Brahmin Mitra Mandal Society,

Area served: India

Good Governance, Legal System, Civil

To help create strong processes of

Method: Research, Awareness, Consulting

Research Foundation for Governance in

Focus areas and activities

Awareness Initiatives One of the primary objectives of the foundation is to spread

Advisors and Associate Organisations:

• Jaago Re! One Billion Votes

The way in which I carried on my project will be explained in the project

1. Lok Adalats in India:

The ancient concept of settlement of dispute through mediation, negotiation or

The salient features of this form of dispute resolution are participation,

Some statistics may give us a feeling of tremendous satisfaction and

1.1 Legislation pertaining to Lok Adalats:

1.2 Procedure at Lok Adalat:

1.3 Finality of Lok Adalat award:

1.4 Consent of Parties:

A compromise is always bilateral and means mutual adjustment. Settlement is

1.5 Benefits of Lok Adalat:

1. Permanent Lok Adalats:

"There will be no harm if Legal Services Authorities Act is suitably amended to

This will, certainly, prove to be very effective, litigant-friendly and less-expensive

(1) With regard to the constitution of PLA;

(3) Absence of provision for appeal against the decision of PLA.

It is submitted that there is no basis for these criticisms. As the Government is

So far as the State Legal Services Authorities are concerned, it is headed by a

An award of PLA shall be executed by a civil court "having local jurisdiction"

As already mentioned above, it is possible, if somebody raises a claim against

2. Scope For Judicial Review - A Critical Study

An award of PLA shall be executed by a civil court "having local jurisdiction"

The likelihood of such events cannot be ruled out. In Mansukhlal Vithaldas