LOK ADALATS ARE NEED OF THE HOUR FOR JUDICIARY IN INDIA

Guided by:Asim Vidvarthi

Submitted By:Suneeta Mohapatra

Roll No. 06LLM

CONTENTSWhat is Lok Adalat?Statutory ProvisionsNeed of Lok AdalatNumber of Cases Solved by Lok AdalatNALSALok Adalat in IndiaWorking of the Lok AdalatJurisdiction of the Lok Adalat

NATIONAL LEGAL SERVICES AUTHORITY(NALSA)The National Legal Services Authority (NALSA) has

been constituted under the Legal Services Authorities Act, 1987 to monitor and evaluate implementation of legal aid programmes and to lay down policies and principles for making legal services available under the Act.

NALSA lays down policies, principles, guidelines and frames effective and economical schemes for the State Legal Services Authorities to implement the Legal Services Programmes throughout the country.

STATUTORY PROVISIONS:

Article 39 (A)

Legal Services Authorities Act, 1987(Chapter VI )

CHAPTER VI-APRE-LITIGATION CONCILIATION AND

SETTLEMENT OF THE LEGAL SERVICES AUTHORITIES ACT

Section 22 A – Definition of permanent lok adalat & public utility service

Section 22 B - Establishment of Permanent Lok Adalats

NEED FOR LOK ADALATSAs Justice Ramaswamy said:

“ Resolving disputes through Lok Adalat not only minimizes litigation expenditure, it saves valuable time of the parties and their witnesses and also facilitates inexpensive and prompt remedy appropriately to the satisfaction of both the parties”

JUSTICE P.N.BHAGWATI STATES IN THE REPORT OF THE LEGAL AID

COMMITTEE“Legal aid implies providing an arrangement in the

society so that the machinery of administration of justice becomes easily accessible and is not out of reach of those who have to resort to it for enforcements of the rights given to them”.

Law Courts in India face mainly four problems:

The number of courts and judges in all grades are alarmingly inadequate.

Increase in flow of cases in recent years due to multifarious Acts enacted by the Central and State Governments.

The high cost involved in prosecuting or defending a case in a court of law, due to heavy court fee, lawyer's fee and incidental charges.

Delay in disposal of cases resulting in huge pendency in all the courts.

STATEMENT SHOWING THE DETAILS OF NUMBER OF CASES SETTLED IN NATIONAL LOK ADALATS HELD ON 23.11.2013. S.NO. STATE NUMBER OF CASES SETTLEDState No. Of Cases State No. Of CasesAndhra Pradesh 1,13,195 2 Arunachal

Pradesh441 3

Assam 53,191 4 Bihar 2,22,164 5Chhattisgarh 2,20,858 6 Goa 867 7Gujarat 86,319 8 Haryana 1,80,193 9Himachal Pradesh 16,416 10 Jammu & Kashmir 59,267 11 Jharkhand 1,06,041 12 Karnataka 94,997 13 Kerala 11,897 14 Madhya Pradesh 20,08,398 15 Maharashtra 4,08,222 16 Manipur 439 17 Meghalaya 972 18 Mizoram 510 19 Nagaland 1,439 20 Odisha 1,84,108 21 Punjab 3,46,423 22 Rajasthan 2,54,922 23 Sikkim 343 24 Tamil Nadu 13,77,252 25 Uttar Pradesh 9,22,768 27 West Bengal 30,968 29 Delhi 3,75,343 34 TOTAL 71,78,178

CASES SUITABLE FOR LOK ADALATLok Adalats have competence to deal with a number of cases like:a)Partition Claims b)Damages Casesc)Matrimonial and family disputes d)Mutation of lands casee)Land Pattas casesf)Bonded Labour casesg)Land acquisition disputesh)Bank’s unpaid loan cases i)Arrears of retirement benefits casesj)Family Court casesk)Cases which are not sub-judice

WORKING OF THE LOK ADALATSSection 20 of

Legal Services Authority Act 1987 provides about the working of Lok Adalats.

Moni Mathai v. Federal Bank

JURISDICTION OF LOK ADALATS:According to Section 19(5) of Legal

Services Authority Act,1987, lok adalats can decide case by compromise and settlement.

State of Kerala v. Ernakulum District Legal Services Authority(AIR 2008 Kerala 70)

Union of India v. Annatto (AIR 2007 SC 1561)