Lok Adalat

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LOK ADALAT

NALSA –
NALSA regulations 2009, came into force on the date of their
publications in the official gazette. This act deals with regulations
regarding commencement of Lok Adalat with respect to NALSA
Lok Adalat may be organised by the state authorities or district
authorities or supreme court legal services committee or high court
legal services committee or taluka services committee at regular
interval for a definite geographical area as the authorities think fit.
The parties concerned whose case is referred to the Lok Adalat shall
be informed well in time so as to afford him an opportunity to prepare
himself for the Lok Adalat. If the party in not willing to refer their case
to the Lok Adalat the case may be considered on its merits by the
court concern.
Composition of Lok Adalat –
a) At state authority level
The member secretary organising Lok Adalat consisting of
sitting or retired judge of high court or a serving or retired judicial
officer and any one or two of the qualified persons mentioned
under the act.
b) At high court level
The secretary of the high court legal services committee
organising Lok Adalat consisting of a sitting or retired judge of
high court or serving or retired judicial officer and any one or two
of the qualified persons mentioned under the act.
c) At district level
The secretary of district authority organising the Lok Adalat
comprising of sitting or retired judicial officer and any one or two
of the qualified persons mentioned under the act.
d) At Taluka level
The chairman of the taluka legal services committee organising
the Lok Adalat comprising of sitting or retired judicial officer and
any one or two of the qualified persons mentioned under the act.
LOK ADALAT

The member secretary, the secretary of high court legal services


committee or the chairman of taluka legal services committee shall
assign specific cases to each bench of Lok Adalat.
Lok Adalat shall have the power only to help the parties to arrive at a
conclusion by settlement between the parties of a dispute which is
either pending before the court or it may be a prelitigation dispute.
The judicial records summoned by the Lok Adalat shall be referred
within 10 days whether or not the case is settled by the Lok Adalat.
Award -
An award on settlement between the parties can be challenged only
on violation of procedure prescribed under Section 20 of the act by
filing a petition under article 226 and article 227 of the constitution of
India.
Lok Adalat cannot grant bail or divorce by mutual consent it can only
be granted by a competent court of law. If Lok Adalat fails to settle a
pre litigation matter the parties may be advised to resort to other
alternative dispute resolution techniques or approach a court of law.

Legal Services Authorities Act, 1987 –

The Legal Services Authorities Act, 1987, is aimed 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 equal opportunity. Access to justice for all is the
moto of Legal Service Authorities. The state shall secure that the
operation of the legal system promotes justice on the basis of equal
opportunity and shall in particular provide free legal aid.
LOK ADALAT

Section 12 of the Legal Services authorities Act, 1987 prescribes the


criteria for giving free legal services to the eligible persons. Section
21(2) of the Act also makes it clear that the decisions of the Lok
Adalat organised under this Act has a binding force on both the
parties to the case.

Mediation -
The Mediation Bill, 2021 (“Bill”) was introduced in the Rajya Sabha on
December 20, 2021 however due to significant opposition, the Bill was
sent to the Committee on Law and Justice for further scrutiny.
Mediation is a form of alternative dispute resolution, where parties
attempt to settle their dispute outside courts with the assistance of an
independent third person called the mediator. The object of the Bill is
to facilitate and promote mediation in India, particularly institutional
mediation for the resolution of disputes. It also aims to encourage
community mediation and make online mediation an acceptable and
cost-effective process. It proposes to bring a codified law on
mediation and provide for enforcement of settlement agreements
resulting from mediation.

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