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LOK ADALAT- “ PEOPLE’S COURT IN INDIA”
LOK ADALAT- “ PEOPLE’S COURT IN INDIA”
Lok Adalats are being conducted by various legal services institutions along with NALSA for the dispute resolution system in India. Lok Adalat is the legal forum in which pending cases in the courts are settled or the cases where litigation process has not yet begun. This mechanism of dispute resolution has been recognized and given statutory status under the Legal Services Act, 1987. The decision of the Lok Adalat is final and legally binding on the parties and there is no option of appeal for the parties in opposition to the award given by the Lok Adalats. There is a provision under this mechanism that if the parties are dissatisfied with the award given by the Lok Adalat then they cannot file an appeal in opposition to it but they can always approach the court for the litigation process by just filing a case with the said procedure. The parties possess the right to litigate and they are free to exercise it. There are no fees applicable for the parties who approach for litigation after the dissatisfaction of the award of the Lok Adalats. Also, if the dispute pending in the court for a long duration and the judiciary itself refers the matter for the alternative dispute resolution mechanism that is Lok Adalat then the fees which have already been paid are refunded to the parties. Members of the Lok Adalat are the persons who decide on the matter and gives award to the parties. They play the role of statutory conciliators and don’t possess any judicial role. Their role is to guide the parties to a conclusion or a solution through which they can settle their dispute outside the courtroom and can be saved from the time-consuming conventional litigation process. The members of the Lok Adalat cannot force or pressurize any of the parties to come to a settlement of the dispute between the two parties. The members should only help the parties autonomously and fairly in their endeavor to arrive at a friendly settlement of the dispute.
The nature of the cases includes any case which has been pending before the court for a long period of time, any dispute which is in a state of pre-litigation. There are various levels and composition of Lok Adalat.
- State Authority Level Lok Adalat: the bench comprises a sitting or retired judge of the high court or any other sitting or retired judicial officer or any social working for the improvement in the society.
- High Court Level Lok Adalat: the bench comprises of a sitting or retired judge of the high court or any other sitting or retired judicial officer or any social working for the improvement in the society or any legal professional working towards the implementation of the schemes of legal services.
- District Level Lok Adalat: the bench comprises a sitting or retired judge of the high court or any other sitting or retired judicial officer or any social working for the improvement in the society or any other person who indulges in para-legal activities towards the women.
- Taluk Level Lok Adalat: the bench comprises a sitting or retired judge of the high court or any other sitting or retired judicial officer or any social working for the improvement in the society or any other person who indulges in para-legal activities towards the women.
Also, Lok Adalat has been classified into more further heads:
- National level Lok Adalat
- Permanent level Lok Adalat
- Mobile level Lok Adalat
- LOK ADALAT- “ PEOPLE’S COURT IN INDIA”
- LEVELS OF LOK ADALAT
- ROLE OF SUPREME COURT