Understanding Lok Adalat: Meaning, Structure, and Key Functions

In India, the Lok Adalat offers an alternative dispute resolution mechanism where authorities amicably settle cases pending in court or at the pre-litigation stage. The government granted it statutory status under the Legal Services Authorities Act, 1987.

A Lok Adalat gives an award or decision. The law treats this award as a decree of a civil court.
It is final and binding on all parties involved. The law does not permit any appeal against this award in any court.

However, if parties are unsatisfied with the decision, they are free to initiate fresh litigation by approaching a court of competent jurisdiction.

One of the key benefits is that parties don’t need to pay a court fee to file a case. If the court refers a pending case for settlement and the parties resolve it through this mechanism, the court refunds the fee already paid.

The members who decide the cases in a Lok Adalat are not judges; they are statutory conciliators. Their role is to help the parties reach an amicable settlement and they cannot pressure or force anyone into a compromise.

The final decision is based solely on the mutual agreement between the parties involved, with the members providing impartial assistance to help them reach a resolution.

Authorities refer the following types of cases to Lok Adalat.

1. Any case pending under any court.

2. Any matter which has not been brought under any court and is probably going to be filed under the court.

The authorities do not settle any issue in Lok Adalat if it involves a non-compoundable offense under the law.

Which Lok Adalat to be Approached

Section 18(1) of the Act empowers it to decide or settle disputes between parties regarding –

(1) Any case pending previously; or

(2) Any matter within its jurisdiction that hasn’t been brought before a court.

Lok Adalat has no jurisdiction over divorce cases or non-compoundable offences.

How to Get the Case Referred to the Lok Adalat for Settlement

(A) Case pending under the court.

(B) Any matter at pre-litigative stage.

On receiving a pre-litigation application, the State or District Legal Services Authority may refer the matter for amicable settlement, and a notice will be sent to the other party.

Levels and Composition of Lok Adalats:

At the State Authority Level

The Member Secretary of the State Legal Services Authority sets up the benches. Each bench includes a judge or legal officer, and a legal professional or social worker involved in legal aid.

At High Court Level

The Secretary of the High Court Legal Services Committee would establish benches of the Lok Adalat, each bench containing a sitting or retired judge of the High Court and any one or both of either a member from the legal profession; a social worker occupied with the upliftment of the weaker segments and interested by the implementation of legal services plans or projects.

At District Level

The Secretary of the District Legal Services Authority organizing the Lok Adalat is responsible for establishing its benches.
Each bench must include a sitting or retired legal officer.
In addition, one or both of the following may be appointed to the bench:

• A member from the legal profession, or
• A social worker engaged in uplifting weaker sections and interested in implementing legal services schemes or programs.
  Alternatively, a person involved in paralegal activities in the area may also be included, preferably a woman.

At Taluk Level

The Secretary of the Taluk Legal Services Committee would establish benches, each comprising a sitting or retired legal officer, along with one or both of the following: a member from the legal profession, and a social worker engaged in the upliftment of weaker sections and motivated by the implementation of legal services schemes or programs, or a person involved in para-legal activities in the area, preferably a woman.

National Lok Adalat

Authorities hold National Level Lok Adalats at regular intervals, conducting them across the country on a single day in all courts—from the Supreme Court to the Taluk levels—where they dispose of a large number of cases. Since February 2015, they have been organizing National Lok Adalats every month on specific topics.

Permanent Lok Adalat

The other type is the Permanent body constituted under Section 22-B of the Legal Services Authorities Act, 1987.

The authorities have set up Permanent Lok Adalats as permanent bodies, appointing a Chairman and two members to provide a mandatory pre-litigation system for conciliation and settlement of cases related to Public Utility Services like transport, postal, telegraph, and others.

Here, regardless of whether the gatherings fail to reach a settlement, the Permanent Lok Adalat has the jurisdiction to decide the matter, given, the matter does not identify with any offense.

Further, the Award of the Permanent Lok Adalat is last and official on every one of the parties. The purview or jurisdiction of the Permanent Lok Adalats is up to Rs. Ten Lakhs.

Here if the parties fail to reach a settlement, the Permanent Lok Adalat has the power to decide the case. The award of the Permanent Lok Adalat is last and official upon the parties.

The authorities handle proceedings as they find suitable, considering the case’s circumstances and the parties’ wishes—like requests for oral statements or speedy resolution.

They also organize Portable Lok Adalats in various parts of the country, which travel from one location to another to help resolve matters and facilitate dispute settlement through this mechanism.

By 30.09.2015, authorities had organized over 15.14 lakh Lok Adalats across the country since the initiative began. This mechanism has successfully settled more than 8.25 crore cases to date.