Brain Booster for UPSC & State PCS Examination (Topic: Lok Adalat)

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Lok Adalat

A daily wager in Odisha’s Kandhamal district has moved to the Lok Adalat against Prime Minister Narendra Modi after he allegedly failed to get an aadhaar card registered in his name despite 21 attempts.

Lok Adalat is one of the significant modes of Alternative Dispute Resolution (ADR) mechanism.
National Legal Services Authority (NALSA) along with other Legal Services Institutions conducts Lok Adalats.
It is strictly not a Court in the conventional sense in as much as the Lok Adalat does not adjudicate on dispute.
It is a forum where disputes between the parties are resolved by conciliation, mediation and negotiation.
The Lok Adalats have been statutorily recognized in India. When statutory recognition had been given to Lok Adalat, it was specifically provided that the award passed by Lok Adalat formulating the terms of compromise will have the force of a decree of a court which can be duly executed as a Civil Court decree.

Case pending before the court.

Any dispute at pre-litigative stage.

Provided that the Lok Adalat shall have no jurisdiction in respect of matters relating to divorce or matters relating to an offence not compoundable under any law.
The State Legal Services Authority or District Legal Services Authority as the case may be on receipt of an application from any one of the parties at a pre-litigation stage may refer such matter to the Lok Adalat for amicable settlement of the dispute for which notice would then be issued to the other party.

The Lok Adalat is presided over by members of Lok Adalat; they act as statutory conciliators only and they can therefore, only persuade the parties to come to a settlement, rather than order them.
The main condition of the Lok Adalat is for both parties to agree on the forum.
There is no court fee; if a matter pending in the court of law is referred to the Lok Adalat and is settled subsequently, then the court fee paid initially in the court on the complaints/petition is refunded back to the parties.
The procedural laws and the Evidence Act are not strictly followed while assessing the merits of the claim by the Lok Adalat.
The decision of the Lok Adalat is binding; the award can be executed by a court of law.
All proceedings in a Lok Adalat are recorded and maintained for future reference. Thus, it is also known as a court of record.

The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society and to organize Lok Adalats for amicable settlement of disputes.
In every State, State Legal Services Authority has been constituted to give effect to the policies and directions of the NALSA and to give free legal services to the people and conduct Lok Adalats in the State. The State Legal Services Authority is headed by the Chief Justice of the respective High Court who is the Patron-in-Chief of the State Legal Services Authority.
In every District, District Legal Services Authority has been constituted to implement Legal Services Programmes in the district. The District Legal Services Authority is situated in the District Courts complex in every district and chaired by the District Judge of the respective district.
Permanent and Continuous Lok Adalats are being established in all the districts in the country.