Lok Adalats - Significance & Challenges

Discuss the significance of Lok Adalats as an effective
dispute resolution institution in the present scenario. Also

discuss some challenges faced by them in their effective
functioning.
Keywords Lok Adalats, dispute resolution institution and challenges

they face
Introduction Introduce with Lok Adalat definition and constitutional
provisions
Body • Importance/benefits of Lok Adalat over normal courts.
• Challenges that they face.
• Some recommendation for the effective functioning
Conclusion Conclude with a positive outlook about how it can change
our justice delivery system.
Introduction
Lok Adalat is one of the alternative dispute redressal
mechanisms, a forum where disputes/cases pending in the court of
law or at pre-litigation stage are settled/ compromised amicably. The
Lok Adalats are formed to fulfil the promise given by the preamble of
the Indian Constitution– securing Justice – social, economic and
political of every citizen of India.
Body:
Constitutional Basis:
• Article 39A of the Constitution provides for free legal aid to the
deprived and weaker sections of the society and to promote justice
on the basis of equal opportunity.
• Articles 14 of the Constitution also make it compulsory for the

State to guarantee equality before the law.
• Legal Basis under the Legal Services Authorities Act, 1987 Lok
Adalats have been given statutory status.
Significance of Lok Adalat
• Speedy Justice and Saving from The Lengthy Court Procedures
o Lok Adalats ensure speedier justice because it can be conducted at

suitable places, can be arranged very fast, in local languages too,
even for the illiterates.
o The procedural laws and the Evidence Act are not strictly followed
while assessing the merits of the claim by the Lok Adalat. Hence, Lok
Adalats are also known as “People’s Festivals of Justice”.
o The functioning of these Lok Adalats has been responsible for the
disposal of more than 50 lakh cases in 2017.
• Justice at No Cost
o There is no court fee in Lok Adalat. If the case is already filed in the
regular court, the fee paid is refunded in the manner provided under
the Court Fees Act, if the dispute is settled at the Lok Adalat.
• Solving Problems of Backlog Cases

o Current figures reveal that the arrears in HCs exceeded 40 lakh
cases and in subordinate courts 270 lakh.
o In a Lok Adalat, if a compromise is reached, an award is made and
is binding on the parties.
o 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 judgment by consent.
• Maintenance of Cordial Relations

o The main thrust of Lok Adalats is on compromise. When no
compromise is reached, the matter goes back to the court. While
conducting the proceedings, a Lok Adalat acts as a conciliator and
not as an arbitrator. Its role is to persuade the parties to hit upon a
solution and help in reconciling the contesting differences.
Challenges of Lok Adalats
• It is difficult in making timely contacts with the litigants and

ensuring their attendance in Lok Adalats due to a remoteness of the
area in village areas.
• Another disadvantage with Lok Adalats is that repeated sittings at

short intervals with the same judge are almost not possible which
breaks the continuity of the deliberations
• Lack of confidentiality: Lok Adalat proceedings are held in the

open court and any member of the public may witness these
proceedings. Thus, the element of confidentiality is lacking.
• The most important factor to be considered while deciding the

cases at the Lok Adalat is the consent of both the parties which leads
to delay. It cannot be forced on any party that the matter has to be
decided by the Lok Adalat.
• There is currently a severe lack of resources, both manpower and

financial, in the Lok Adalat system, which can limit the number of
cases heard and leads to understaffing, inefficient dispensation of
remedies, and general disorganization.
• Lack of awareness among people regarding the working of Lok
Adalats.
• Today, Lok Adalats rarely consider indigenous practices and

customs. This can seriously inhibit conciliation because the
resolution is often inappropriate and so the parties do not accept it.
• They are conducted in regular courts, so some amount of formality

still remains attached with Lok Adalat. However, what is required is
to maintain some informal nature of proceedings.
• Due to high frequency of convening of Lok Adalat, stakeholders

involved hardly get any time to prepare for the next Lok Adalat.
Recommendations to improve the efficiency of Lok Adalats (LAs) :
• Establishing permanent and continuous Lok Adalats in disposal of

pending matters as well as disputes at pre-litigative stage.
• Appointment of legal aid counsel in all courts of magistrate in the

country.
• Financial and manpower resources: India should devote a
proportionally comparable number of resources to ADR like
countries such as Australia, the United Kingdom, the United States.
• Ensuring Inclusivity: involvement of the community and the

participative character of the proceedings.
• Increase awareness: Indians need to be better informed about the

LA system and resolution possibilities.
• Use of technology: LAs should use the Internet and cellular

technology to inform people of when they will be held, to facilitate
payment of settlements, and for other necessary communications.
• using specialists other than judges ensures that all interests and
concerns of the parties can be addressed, which was one of the
original goals of Lok Adalats.
• Sensitization of judicial officers in regard to legal services scheme,

legal literacy and legal aid programmes need to expand. Besides the
mass media like newspapers, television and radio is can be desirable
for this purpose.
• There is a need for improvement in the quality of legal aid
provided by the lawyers. The remuneration offered from legal
Service authority to lawyers should be revised and thus encourage to
render effective legal assistance to needy persons.
Conclusion
The Lok Adalat Movement can be successful only if the people
participate on a voluntary basis in the functioning of Lok Adalat. This
can be achieved by organizing more and more Lok Adalats, ensuring
greater participation, reducing formalism, spare more time and
personalized attention thereby ensuring quality justice through Lok
Adalats.
Additional Info:
• As an alternative dispute resolution tool, Lok Adalats are regularly
organized to help parties reach a compromise. The State Legal
Services Authorities (SLSAs) have been organizing Lok Adalats on a
daily, fortnightly and monthly basis.
• Every Lok Adalat organized for an area shall consist of such number
of serving or retired judicial officers and other persons of the area as
may be specified by the agency organizing.
• Generally, a Lok Adalat consists of a judicial officer as the chairman
and a lawyer (advocate) and a social worker as members.
• Motor-accident claims, disputes related to public-utility services,
cases related to dishonor of cheques, and land, labour and
matrimonial disputes (except divorce) are usually taken up by Lok
Adalats.
• However, the Lok Adalat shall have no jurisdiction in respect of any
case or matter relating to an offence not compoundable under any
law.
• An award of a Lok Adalat shall be deemed to be a decree of a Civil
Court or an order of any other court.

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Discuss the significance of Lok Adalats as an effective

dispute resolution institution in the present scenario. Also

Keywords Lok Adalats, dispute resolution institution and challenges

• Articles 14 of the Constitution also make it compulsory for the

Significance of Lok Adalat

• Speedy Justice and Saving from The Lengthy Court Procedures

o Lok Adalats ensure speedier justice because it can be conducted at

• Solving Problems of Backlog Cases

• Maintenance of Cordial Relations

• It is difficult in making timely contacts with the litigants and

• Another disadvantage with Lok Adalats is that repeated sittings at

• Lack of confidentiality: Lok Adalat proceedings are held in the

• The most important factor to be considered while deciding the

• There is currently a severe lack of resources, both manpower and

• Today, Lok Adalats rarely consider indigenous practices and

• They are conducted in regular courts, so some amount of formality

• Due to high frequency of convening of Lok Adalat, stakeholders

Recommendations to improve the efficiency of Lok Adalats (LAs) :

• Establishing permanent and continuous Lok Adalats in disposal of

• Appointment of legal aid counsel in all courts of magistrate in the

• Ensuring Inclusivity: involvement of the community and the

• Increase awareness: Indians need to be better informed about the

• Use of technology: LAs should use the Internet and cellular

• Sensitization of judicial officers in regard to legal services scheme,

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