Lok Adalat is a system of alternative dispute resolution developed in India.

It roughly means
"People's court". India has had a long history of resolving disputes through the mediation of
village elders. The system of Lok Adalats is an improvement and is based on the principles of
Mahatma andhi. Lok Adalat is a non!adversarial system" #hereby mock courts $called Lok
Adalats% are held by the &tate Authority" 'istrict Authority" &upreme (ourt Legal &ervices
(ommittee" )igh (ourt Legal &ervices (ommittee" or Taluk Legal &ervices (ommittee. They
are held periodically for e*ercising such +urisdiction as they determine. These are usually
presided over by retired +udges" social activists" or other members of the legal profession. The
Lok Adalats can deal #ith all (ivil (ases" Matrimonial 'isputes" Land 'isputes"
Partition,Property 'isputes" Labour 'isputes etc." and compoundable criminal (ases.
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Fees
There are no court fees nor any rigid procedural re.uirements $i.e. no need to follo# regular
processes as stated by either the (ivil Procedure (ode or the /vidence Act% #hich speeds up the
process. Parties can directly interact #ith the +udge" #hich is not allo#ed in regular courts.
Intake
(ases that are pending in regular courts can be transferred to a Lok Adalat if both the parties
agree. A case can also be transferred to a Lok Adalat if one party applies to the court and the
court sees some chance of settlement after the other party has been given an opportunity of being
heard.
Focus
The focus in Lok Adalats is on compromise. 0hen no compromise is reached" the matter goes
back to the court. )o#ever" if a compromise is reached" an a#ard is made and is binding on the
parties. It is enforced as a decree of a civil court. An important aspect is that the a#ard is final
and cannot be appealed" not even under Article 112 because it is a +udgement by consent. All
proceedings of a Lok Adalat are deemed to be +udicial proceedings and every Lok Adalat is
deemed to be a (ivil (ourt.
Lok Adalat for Public Utility Services
In order to get over the ma+or dra#back in the e*isting scheme of organisation of Lok Adalats
under (hapter 3I of the Legal &ervices Authorities Act" 4567" in #hich if the parties do not
arrive at any compromise or settlement" the unsettled case is either returned to the (ourt of la#
or the parties are advised to seek remedy in a court of la#" #hich causes unnecessary delay in
dispensation of +ustice" (hapter 3I A #as introduced in the Legal &ervices Authorities Act" 4567"
by Act 8o.97,1::1 #ith effect from 44!:2!1::1 providing for a Permanent Lok Adalat to deal
#ith pre!litigation" conciliation and settlement of disputes relating to Public ;tility &ervices" as
defined u,sec.11 A of the Legal &ervices Authorities Act" 4567" at pre!litigation stage itself"
#hich #ould result in reducing the #ork load of the regular courts to a great e*tent.
Public Utility Services, Hyderabad, India
Lok Adalat $people<s courts%" established by the government" settles dispute through conciliation
and compromise. The first Lok Adalat #as held on March 4=" 4561 at >unagarh in u+arat the
land of Mahatma andhi. Lok Adalat accepts the cases #hich could be settled by conciliation
and compromise" and pending in the regular courts #ithin their +urisdiction.
The Lok Adalat is presided over by a sitting or retired +udicial officer or other person of respect
and legal kno#ledge as the chairman" #ith t#o other members" usually a la#yer and a social
#orker. There is no court fee. If the case is already filed in the regular court" the fee paid #ill be
refunded if the dispute is settled at the Lok Adalat. The procedural la#s" and the /vidence Act
are not strictly follo#ed assessing the merits of the claim by the Lok Adalat.
Main condition of the Lok Adalat is that both parties in dispute should agree for settlement. The
decision of the Lok Adalat is binding on the parties to the dispute and its order is capable of
e*ecution through legal process. 8o appeal lies against the order of the Lok Adalat.
Lok Adalat is very effective in settlement of money claims. 'isputes like partition suits" damages
and matrimonial cases can also be easily settled before Lok Adalat as the scope for compromise
through an approach of give and take is high in these cases.
Lok Adalat is a boon to the litigant public" #here they can get their disputes settled fast and free
of cost. (riminal cases are out of the purvie# of Lok Adalat.
System adoption in other countries
As a result of its success the use of the Lok Adalat system has spread to other countries in the
region.
Legal Services Authorities act, 1987
"Legal Aid scheme was first introduced by Justice P.N. Bhagwati under the Legal Aid Committee formed in
191. According to him! the legal aid means "ro#iding an arrangement in the society so that the
missionary of administration of $ustice becomes easily accessible and is not out of reach of those who
ha#e to resort to it for enforcement of its gi#en to them by law" the "oor and illiterate should be able to
a""roach the courts and their ignorance and "o#erty should not be an im"ediment in the way of their
obtaining $ustice from the courts. Legal aid should be a#ailable to the "oor and illiterate. Legal aid as
defined! deals with legal aid to "oor! illiterate! who don%t ha#e access to courts. &ne need not be a litigant
to see' aid by means of legal aid. Legal aid is a#ailable to anybody on the road.
Article (9A of the Constitution of )ndia "ro#ides that *tate shall secure that the o"eration of the legal
system "romotes $ustice on a basis of e+ual o""ortunity! and shall in "articular! "ro#ide free legal aid! by
suitable legislation or schemes or in any other way! to ensure that o""ortunities for securing $ustice are
not denied to any citi,en by reason of economic or other disability. Articles 1- and ../10 also ma'e it
obligatory for the *tate to ensure e+uality before law and a legal system which "romotes $ustice on a
basis of e+ual o""ortunity to all. Legal aid stri#es to ensure that constitutional "ledge is fulfilled in
its letter and s"irit and e+ual $ustice is made a#ailable to the "oor! downtrodden and wea'er sections of
the society.
1he earliest Legal Aid mo#ement a""ears to be of the year 1231 when some enactment was introduced
in 4rance for "ro#iding legal assistance to the indigent. )n Britain! the history of the organised efforts on
the "art of the *tate to "ro#ide legal ser#ices to the "oor and needy dates bac' to 19--! when Lord
Chancellor! 5iscount *imon a""ointed 6ushcliffe Committee to en+uire about the facilities e7isting in
8ngland and 9ales for gi#ing legal ad#ice to the "oor and to ma'e recommendations as a""ear to be
desirable for ensuring that "ersons in need of legal ad#ice are "ro#ided the same by the *tate. *ince
193.! the :o#t. of )ndia also started addressing to the +uestion of legal aid for the "oor in #arious
conferences of Law ;inisters and Law Commissions. )n 19<=! some guidelines were drawn by the :o#t.
for legal aid schemes. )n different
states legal aid schemes were floated through Legal Aid Boards! *ocieties and Law >e"artments. )n
192=! a Committee at the national le#el was constituted to o#ersee and su"er#ise legal aid "rogrammes
throughout the country under the Chairmanshi" of ?on. ;r. Justice P.N. Bhagwati then a Judge of the
*u"reme Court of )ndia. 1his Committee came to be 'nown as C)LA* /Committee for )m"lementing Legal
Aid *chemes0 and started monitoring legal aid acti#ities throughout the country. 87"ert committees
constituted! from 193= onwards! to ad#ise go#ernments on "ro#iding legal aid to the "oor ha#e been
unanimous that the formal legal system is unsuited to the needs of the "oor. 1he 19 re"ort of the
committee of Justices @rishna )yer and P.N. Bhagwati! both of the *u"reme Court! drew u" a detailed
scheme which en#isaged "ublic interest litigation /P)L0 as a ma$or tool in bringing about both institutional
and law reform e#en while it enabled easy access to the $udicial system for the "oor. 1heir re"ort! as
those of the "re#ious committees! was ignored. 1his e7"lained "artly the im"atience of these two $udges!
in the "ostAemergency "hase! in ma'ing the institution a""ear res"onsi#e to
the needs of the "o"ulation that had stood distanced from it. 1he two $udges "layed a ma$or role in
s"earheading the P)L $urisdiction.
1he introduction of Lo' Adalats added a new cha"ter to the $ustice dis"ensation system of this country
and succeeded in "ro#iding a su""lementary forum to the litigants for conciliatory settlement of their
dis"utes. )n 192 Legal *er#ices Authorities Act was enacted to gi#e a statutory base to legal aid
"rogrammes throughout the country on a uniform "attern. 1his Act was finally enforced on 9th of
No#ember! 1993 after certain amendments were introduced therein by the Amendment Act of 199-. ?on.
;r. Justice 6.N. ;ishra the then Chief Justice of )ndia "layed a 'ey role in the enforcement of the Act.
National Legal *er#ices Authority was constituted on 3th >ecember! 1993. ?is Lordshi" ?on. >r. Justice
A.*. Anand! Judge! *u"reme Court of )ndia too' o#er as the 87ecuti#e Chairman of National Legal
*er#ices Authority on 1the July! 199. *oon after assuming the office! ?is Lordshi" initiated ste"s for
ma'ing the National Legal *er#ices Authority functional. 1he first ;ember *ecretary of the authority
$oined in >ecember! 199 and by January! 1992 the other officers and staff were also a""ointed. By
4ebruary! 1992 the office of National Legal *er#ices Authority became "ro"erly functional for the first
time.
)n &ctober! 1992! ?is Lordshi" ?on. >r. Justice A.*. Anand assumed the &ffice of the Chief Justice of
)ndia and thus became the PatronAinAChief of National Legal *er#ices Authority. ?is Lordshi" ?on. ;r.
Justice *.P. Bharucha! the seniorAmost Judge of the *u"reme Court of )ndia assumed the office of the
87ecuti#e Chairman! National Legal *er#ices Authority.
Criterion for providing legal aid
*ection 1. of the Legal *er#ices Authorities Act! 192 "rescribes the criteria for gi#ing legal ser#ices to
the eligible "ersons. *ection 1. of the Act reads as underBA
8#ery "erson who has to file or defend a case shall be entitled to legal ser#ices under this Act if that
"erson is A
/a0 a member of a *cheduled Caste or *cheduled 1ribeC
/b0 a #ictim of traffic'ing in human beings or begar as referred to in Article .( of the ConstitutionC
/c0 a woman or a childC
/d0 a mentally ill or otherwise disabled "ersonC
/e0 a "erson under circumstances of undeser#ed want such as being a #ictim of a mass disaster! ethnic
#iolence! caste atrocity! flood! drought! earth+ua'e or industrial disasterC or
/f0 an industrial wor'manC or
/g0 in custody! including custody in a "rotecti#e home within the meaning of clause /g0 of section . of the
)mmoral 1raffic /Pre#ention0 Act! 193< /1=- of 193<0C or in a $u#enile home within the meaning of clause.
/$0 of section . of the Ju#enile Justice Act! 192< /3( of 192<0 or in a "sychiatric hos"ital or "sychiatric
nursing home within the meaning of clause /g0 of section . of the ;ental ?ealth Act! 192 /1- of 1920C or
/h0 in recei"t of annual income less than ru"ees nine thousand or such other higher amount as may be
"rescribed by the *tate :o#t.! if the case is before a court other than the *u"reme Court! and less than
ru"ees twel#e thousand or such other higher amount as may be "rescribed by the Central :o#t.! if the
case is before the *u"reme Court."/6ules ha#e already been amended to enhance this income ceiling0.
According to section ./10 /a0 of the Act! legal aid can be "ro#ided to a "erson for a %case% which includes a
suit or any "roceeding before a court. *ection ./10 /aaa0 defines the %court% as a ci#il! criminal or re#enue
court and includes any tribunal or any other authority constituted under any law for the time being in force!
to e7ercise $udicial or +uasiA$udicial functions. As "er section ./10/c0 %legal ser#ice% includes the rendering
of any ser#ice in the conduct of any case or other legal "roceeding before any court or other authority or
tribunal and the gi#ing of ad#ice on any legal matter.
Legal *er#ices Authorities after e7amining the eligibility criteria of an a""licant and the e7istence of a
"rima facie case in his fa#our "ro#ide him counsel at *tate e7"ense! "ay the re+uired Court 4ee in the
matter and bear all incidental e7"enses in connection with the case. 1he "erson to whom legal aid is
"ro#ided is not called u"on to s"end anything on the litigation once it is su""orted by a Legal *er#ices
Authority.
Hierarchy of Bodies created under the Act
A nationwide networ' has been en#isaged under the Act for "ro#iding legal aid and assistance. National
Legal *er#ices Authority is the a"e7 body constituted to lay down "olicies and "rinci"les for ma'ing legal
ser#ices a#ailable under the "ro#isions of the Act and to frame most effecti#e and economical schemes
for legal ser#ices. )t also disburses funds and grants to *tate Legal *er#ices Authorities and N:&s for
im"lementing legal aid schemes and "rogrammes.
)n e#ery *tate a *tate Legal *er#ices Authority is constituted to gi#e effect to the "olicies and directions of
the Central Authority /NAL*A0 and to gi#e legal ser#ices to the "eo"le and conduct Lo' Adalats in the
*tate. *tate Legal *er#ices Authority is headed by the Chief Justice of the *tate ?igh Court who is its
PatronAinAChief. A ser#ing or retired Judge of the ?igh Court is nominated as its 87ecuti#e Chairman.
>istrict Legal *er#ices Authority is constituted in e#ery >istrict to im"lement Legal Aid Programmes and
*chemes in the >istrict. 1he >istrict Judge of the >istrict is its e7Aofficio Chairman.
1alu' Legal *er#ices Committees are also constituted for each of the 1alu' or ;andal or for grou" of
1alu' or ;andals to coordinate the acti#ities of legal ser#ices in the 1alu' and to organise Lo' Adalats.
8#ery 1alu' Legal *er#ices Committee is headed by a senior Ci#il Judge o"erating within the $urisdiction
of the Committee who is its e7Aofficio Chairman.
Supreme Court Legal Services Committee
1he Central Authority shall constitute a Committee to be called the *u"reme Court Legal *er#ices
Committee for the "ur"ose of e7ercising such "owers and "erforming such functions as may be
determined by regulations made by the Central Authority.
NAL*A is laying great deal of em"hasis on legal literacy and legal awareness cam"aign. Almost all the
*tate Legal *er#ices Authorities are identifying suitable and trustworthy N:&s through whom legal
literacy cam"aign may be ta'en to tribal! bac'ward and farAflung areas in the country. 1he effort is to
"ublicise legal aid schemes so that the target grou"! for whom Legal *er#ices Authorities Act has
"ro#ided for free legal aid! may come to 'now about the same and a""roach the concerned legal ser#ices
functionaries.
NAL*A has also called u"on *tate Legal *er#ices Authorities to set u" legal aid cells in $ails so that the
"risoners lodged therein are "ro#ided "rom"t and efficient legal aid to which they are entitled by #irtue of
section 1. of Legal *er#ices Authorities Act! 192.
Certain *alient 4eatures of the Act are enumerated belowBA *ection . >efinitions.A
/10... /c0 %legal ser#ice% includes the rendering of any ser#ice in the conduct any case or other legal
"roceeding before any court or other Authority or tribunal and the gi#ing of ad#ice on any legal matterC
/d0 %Lo' Adalat% means a Lo' Adalat organised under Cha"ter 5)C
/g0 %scheme% means any scheme framed by the Central Authority! a *tate Authority or a >istrict Authority
for the "ur"ose of gi#ing effect to any of the "ro#isions of this ActC
/h0 %*tate Authority% means a *tate Legal *er#ices Authority constituted under *ection <C
/.0 Any reference in this Act to any other enactment or any "ro#ision thereof shall! in relation to an area in
which such enactment or "ro#ision is not in force! be construed as a reference to the corres"onding law
or the rele#ant "ro#ision of the corres"onding law! if any! in force in that area.
Section 19
1. Central! *tate! >istrict and 1alu' Legal *er#ices Authority has been created who are res"onsible for
organi,ing Lo' Adalats at such inter#als and "lace.
.. Conciliators for Lo' Adalat com"rise the followingB A
A. A sitting or retired $udicial officer.
B. other "ersons of re"ute as may be "rescribed by the *tate :o#ernment in consultation with the Chief
Justice of ?igh Court.
Section 20: eference of Cases
Cases can be referred for consideration of Lo' Adalat as underBA
1. By consent of both the "arties to the dis"utes.
.. &ne of the "arties ma'es an a""lication for reference.
(. 9here the Court is satisfied that the matter is an a""ro"riate one to be ta'en cogni,ance of by the Lo'
Adalat.
-. Com"romise settlement shall be guided by the "rinci"les of $ustice! e+uity! fair "lay and other legal
"rinci"les.
3. 9here no com"romise has been arri#ed at through conciliation! the matter shall be returned to the
concerned court for dis"osal in accordance with Law.
Section 21
After the agreement is arri#ed by the consent of the "arties! award is "assed by the conciliators. 1he
matter need not be referred to the concerned Court for consent decree. 1he Act "ro#isions en#isages as
underB
1. 8#ery award of Lo' Adalat shall be deemed as decree of Ci#il Court .
.. 8#ery award made by the Lo' Adalat shall be final and binding on all the "arties to the dis"ute.
(. No a""eal shall lie from the award of the Lo' Adalat.
Section 22
8#ery "roceedings of the Lo' Adalat shall be deemed to be $udicial "roceedings for the "ur"ose of BA
1. *ummoning of 9itnesses.
.. >isco#ery of documents.
(. 6ece"tion of e#idences.
-. 6e+uisitioning of Public record.
?on%ble >elhi ?igh Court has gi#en a landmar' decision highlighting the significance of Lo' Adalat
mo#ement which has far reaching ramifications. Abdul ?asan and National Legal *er#ices Authority 5s.
>elhi 5idyut Board and others D.E A
!acts of the Case "
1he "etitioner filed a writ "etition before >elhi ?igh Court for restoration of electricity at his "remises!
which was disconnected by the >elhi 5idyut Board />5B0 on account of nonA"ayment of Bill. )nter alia! the
grie#ances of the citi,ens were not only confined to the >5B but also directed against the *tate agencies
li'e >>A! ;unici"al Cor"oration! ;1NL! :)C and other bodies! Court notices were directed to be issued
to NAL*A and >elhi *tate Legal *er#ice Authority.
Court Held"
?is lordshi" ?on%ble ;r. Justice Anil >e# *ingh "assed the order gi#ing directions for setting u" of
"ermanent Lo' Adalats. 1he scholarly obser#ations of ?is Lordshi" ;r. Justice Anil >e# *ingh deser#e
s"ecial commendations and are worthy of note. )t will be "rofitable to re"roduce the im"ortant te7t and
abstract from this $udgment! which should be an eye o"ener for all of us. )t should also steer the
conscience of all! as there is an increasing need to ma'e Lo' Adalat mo#ement a "ermanent
feature.
Article (9A of the Constitution of )ndia "ro#ides for e+ual $ustice and free legal aid. )t is! therefore clear
that the *tate has been ordained to secure a legal system! which "romotes $ustice on the basis of e+ual
o""ortunity. 1he language of ArticleA(9A is couched in mandatory terms. 1his is made more than clear by
the use of the twiceAoccurring word "shall" in ArtA(9 A. )t is em"hasi,ed that the legal system should be
able to deli#er $ustice e7"editiously on the basis of e+ual o""ortunity and "ro#ide free legal aid to secure
that o""ortunities for securing $ustice are not denied to any citi,ens by reasons of economic or other
disabilities. )t was in this conte7t that the "arliament enacted the Legal *er#ices Authority ActA192.
1he need of the hour is frantically bec'oning for setting u" Lo'AAdalats on "ermanent and continuous
basis. 9hat we do today will sha"e our tomorrow. Lo' Adalat is between an e#erAburdened Court *ystem
crushing the choice under its own weight and alternati#e dis"ute resolution machinery including an
ine7"ensi#e and +uic' dis"ensation of $ustice. 1he Lo' Adalat and alternati#e dis"ute resolution
e7"eriment must succeed otherwise the conse+uence for an o#er burdened court system would be
disastrous. 1he system needs to inhale the life gi#ing o7ygen of $ustice through the note.
)f we closely scrutini,e the contents of the decision of >elhi ?igh Court! there has been an alarming
situation of doc'etAe7"losion and the ultimately remedy is the dis"osal of cases through the mechanism of
Lo' Adalat.
Supreme Court on Legal Aid
1he lin'age between Article .1 and the right to free legal aid was forged in the decision in ?ussainara
@hatoon #. *tate of Bihar D(E where the court was a""alled at the "light of thousands of undertrials
languishing in the $ails in Bihar for years on end without e#er being re"resented by a lawyer. 1he court
declared that "there can be no doubt that s"eedy trial! and by s"eedy trial! we mean reasonably
e7"editious trial! is an integral and essential "art of the fundamental right to life and liberty enshrined in
Article .1." 1he court "ointed out that Article (9AA em"hasised that free legal ser#ice was an inalienable
element of %reasonable! fair and $ust% "rocedure and that the right to free legal ser#ices was im"licit in the
guarantee of Article .1. )n his
inimitable style Justice Bhagwati declaredB
"Legal aid is really nothing else but e+ual $ustice in action. Legal aid is in fact the deli#ery system of social
$ustice. )f free legal ser#ices are not "ro#ided to such an accused! the trial itself may run the ris' of being
#itiated as contra#ening Article .1 and we ha#e no doubt that e#ery *tate :o#ernment would try to a#oid
such a "ossible e#entuality". ?e reiterated this in *u' >as #. Fnion 1erritory of Arunachal Pradesh D-E and
said ")t may therefore now be ta'en as settled law that free legal assistance at *tate cost is a
fundamental right of a "erson accused of an offence which may in#ol#e $eo"ardy to his life or "ersonal
liberty and this fundamental right is im"licit in the re+uirement of reasonable! fair and $ust "rocedure
"rescribed by Article .1." 1his "art of the narration would be incom"lete without referring to the other
astute architect of human rights $uris"rudence! Justice @rishna )yer. )n ;.?. ?os'ot #. *tate of
;aharashtra D3E! he declaredB ")f a "risoner sentenced to im"risonment is #irtually unable to e7ercise his
constitutional and statutory right of a""eal inclusi#e of s"ecial lea#e to a""eal /to the *u"reme Court0 for
want of legal assistance! there is im"licit in the Court under Article 1-. read with Articles .1 and (9AA of
the Constitution! "ower to assign counsel for such im"risoned indi#idual %for doing com"lete $ustice".
#n $hatri % &thers v' St' of Bihar % others ()* Bhagmati +' o,served-
"6ight to free legal aid! $ust! fail and reasonable "rocedures is a fundamental right /@hatoon%s Case0. )t is
elementary that the $eo"ardy to his "ersonal liberty arises as soon as the "erson is arrested and is
"roduced before a magistrate for it is at this stage that he gets the 1st o""ortunity to a""ly for bail and
obtain his release as also to resist remain to "olice or $ail custody. 1his is the stage at which and accused
"erson needs com"etent legal ad#ice and re"resentation. No "rocedure can be said to be $ust! fair and
reasonable which denies legal ad#ice re"resentation to the accused at this stage. 1hus! state is under
a constitutional obligation to "ro#ide free to aid to the accused not only at the stage of...... 8#ery indi#idual
of the society are entitled as a matter of "rerogati#e."
#n #ndira .andhi v' a/ 0arain (1* the Court:
"6ule &f Law is basic structure of constitution of )ndia. 8#ery indi#idual is guaranteed the its gi#e to him
under the constitution. No one so condemn unheard. 8+uality of $ustice. 1here ought to be a #iolation to
the fundamental right or "rerogati#es! or "ri#ileges! only then remedy go to Court of Law. But also at the
stage when he first is "roduced before the magistrate. )n absence of legal aid! trial is #itiated."
Legal Aid under C'2'C and Cr'2'C
*. (=-/10 Lays down that when accused facing a trial. Conce"t of free legal aid scheme under legal
ser#ices Authority. Act is only when accused facing trial in court. 9hen "erson is 55 "oor! then he can get
legal aid. )n the absence of lawyer! the entire trial becomes #itiated and then case to be remanded bac' to
the trial court. Court to as' the accused! whether he has ser#ices to engage a lawyer or not. )f not! the
court is bound to gi#e him lawyer from the bar! who should be well #ersed with the law and to be get "aid
by *t. :o#t. Court cannot sym"athi,e with a lawyer. Lawyer must be a com"etent one. " is amicus curiae
/friend of court0. *. (=-! CrPC "lays 5. im". role." &rder ((! rule 1! CPC BA *uit by or against an indigent
"erson. 9hen a "laint along with "etition! that "erson unable to a#ail ser#ices of an lawyer! then court
e7em"ts him from court fees.
Amendments to made to the Legal Services Authorities Act3 1941
1he Legal *er#ices Authorities Act! 192 was enacted to constitute legal ser#ices authorities for "ro#iding
free and com"etent legal ser#ices to the wea'er sections of the society to ensure that o""ortunities for
securing $ustice were not denied to any citi,en by reason of economic or other disabilities and to organi,e
Lo' Adalats to ensure that the o"eration of the legal system "romoted $ustice on a basis of e+ual
o""ortunity. 1he system of Lo' Adalat! which is an inno#ati#e mechanism for alternate dis"ute resolution!
has "ro#ed effecti#e for resol#ing dis"utes in a s"irit of conciliation outside the courts.
?owe#er! the ma$or drawbac' in the e7isting scheme of organi,ation of the Lo' Adalats under Cha"ter 5)
of the said Act is that the system of Lo' Adalats is mainly based on com"romise or settlement between
the "arties. )f the "arties do not arri#e at any com"romise or settlement! the case is either returned to the
court of law or the "arties are ad#ised to see' remedy in a court of law. 1his causes unnecessary delay in
the dis"ensation of $ustice. )f Lo' Adalats are gi#en "ower to decide the cases on merits in case "arties
fails to arri#e at any com"romise or settlement! this "roblem can be tac'led to a great e7tent. 4urther! the
cases which arise in relation to "ublic utility ser#ices such as ;ahanagar 1ele"hone Nigam Limited! >elhi
5idyut Board! etc.! need to be settled urgently so that "eo"le get $ustice without delay e#en at "reA
litigation stage and thus most of the "etty cases which ought not to go in the regular courts would be
settled at the "reAlitigation stage itself which would result in reducing the wor'load of the regular courts to
a great e7tent. )t is! therefore! "ro"osed to amend the Legal *er#ices Authorities Act! 192 to set u"
Permanent Lo' Adalats for "ro#iding com"ulsory "reAlitigati#e mechanism for conciliation and settlement
of cases relating to "ublic utility ser#ices.
5he salient features of the amendment are as follo6s:
/i0 to "ro#ide for the establishment of Permanent Lo' Adalats which shall consist of a Chairman who is or
has been a district $udge or additional district $udge or has held $udicial office higher in ran' than that of
the district $udge and two other "ersons ha#ing ade+uate e7"erience in "ublic utility ser#icesC
/ii0 the Permanent Lo' Adalat shall e7ercise $urisdiction in res"ect of one or more "ublic utility ser#ices
such as trans"ort ser#ices of "assengers or goods by air! road and water! "ostal! telegra"h or tele"hone
ser#ices! su""ly of "ower! light or water to the "ublic by any establishment! "ublic conser#ancy or
sanitation! ser#ices in hos"itals or dis"ensariesC and insurance ser#icesC
/iii0 the "ecuniary $urisdiction of the Permanent Lo' Adalat shall be u" to ru"ees ten la'hs. ?owe#er! the
Central :o#ernment may increase the said "ecuniary $urisdiction from time to time. )t shall ha#e not
$urisdiction in res"ect of any matter relating to an offence not com"oundable under any lawC
/i#0 it also "ro#ides that before the dis"ute is brought before any court! any "arty to the dis"ute may ma'e
an a""lication to the Permanent Lo' Adalat for settlement of the dis"uteC
/#0 where it a""ears to the Permanent Lo' Adalat that there e7ist elements of a settlement! which may be
acce"table to the "arties! it shall formulate the terms of a "ossible settlement and submit them to the
"arties for their obser#ations and in case the "arties reach an agreement! the Permanent Lo' Adalat shall
"ass an award in terms thereof. )n case "arties to the dis"ute fail to reach an agreement! the Permanent
Lo' Adalat shall decide the dis"ute on meritsC and
/#i0 e#ery award made by the Permanent Lo' Adalat shall be final and binding on all the "arties thereto
and shall be by a ma$ority of the "ersons constituting the Permanent Lo' Adalat.
Pros and cons of Legal Services Authorities Act
The provisions of the Legal &ervices Authorities Act seek to reduce +ustice dispensation to an
informal and casual process. &uch measures #ill serve no purpose save to thro# the foundation
of the legal system into total chaos.
T)/?/ I& unfortunately an opinion gaining ground that la#yers are unreasonably opposing implementation and
provisions of the Legal &ervices Authorities Act" 4567 as amended by Act 97 of 1::1. In the first place it must be
clarified that la#yers are not against the Act itself but only against certain provisions that they consider draconian"
unreasonable and #ould have the effect of contributing to backlogs.
There are several laudable aspects in the Act. @or e*ample most citiAens do not kno# that under its provisions free
legal services are available to all members of a &cheduled (aste or &cheduled Tribe" to all #omen and children B
yes" #ithout any .ualification regarding their financial status to victims of trafficking in human beingsC to persons
#ith disabilitiesC to persons under circumstances of undeserved #ant such as being a victim of man made disaster"
ethnic violence" caste atrocity" flood" drought" etc.C an industrial #orkmanC persons in custody and persons in receipt
of annual income less than ?s. 5"::: or such other higher amount as may be prescribed by the &tate overnment.
&ince the Act applies to all persons #ho are members of the &cheduled (astes and Tribes and all #omen and
children irrespective of their financial status the implication is that free legal services are available to 7D per cent of
the country's population" something #hich any developing country like ours should be proud of.
8o# #hat does "legal services" under the Act meanE It includes rendering of any service in the conduct of any case
or other legal proceedings before any court" or any other authority or tribunal and giving advice on any legal matter.
It means that persons covered by the Act are entitled to legal advice" legal representation and legal ad+udication free
of cost. And since the Legal &ervices Authority pays fairly decent remuneration to la#yers maintained on its panel"
the .uality of service rendered can be e*pected to be .uite satisfactory. In fact enrolment #ith the Authority can be
both a satisfying e*perience and a remunerative e*ercise to a +unior #ho .ualifies to be empanelled #ith the
Authority.
The Act contemplates establishment of "Permanent Lok Adalats" at such places and for e*ercising such +urisdiction
in respect of one or more public utility services and such areas as may be specified in the notification. Transport"
postal" telegraph" telephone" po#er" #ater" public conservancy or sanitation" service in hospital or dispensary"
insurance service and any other service #hich the government may declare to be public utility service come #ithin
the definition of the term "Public ;tility &ervice."
The Permanent Lok Adalat shall be composed of one +udicial member and t#o non!+udicial members.
These are +ust some of the finer aspects of the Act. La#yers have no ob+ection to the implementation of these
provisions. If at all" #e can only complain that sufficient a#areness has not been created about the benefits accruing
through the Act.
Arbitrary and unreasonable
The provisions #hich have stirred a hornets' nest among la#yers are as follo#sF
Gnce an application is made to the Lok Adalat no party to that application shall invoke +urisdiction of any court in
the same disputeC to the process of conciliation or ad+udication by the Lok Adalat" the provisions of the (ode of
(ivil Procedure 45:6 or the provisions of the Indian /vidence Act shall not applyC every a#ard of the Permanent
Lok Adalat shall be a decree of a civil court and a decree can be made by a ma+ority of the members. This means
that the lay members can overrule the +udicial officerC every a#ard made by the Permanent Lok Adalat under this
Act shall be final and cannot be called in .uestion in any courtC the provisions of the Act are to have overriding
effect over any other la#C there are no provisions for any appeal.
Lok Adalats do perform and can perform invaluable service as conciliators or mediators. Hut then to tell parties that
even if they do not agree to settle the matter the Lok Adalat #ould go ahead and pass a decree #hich #ill then be
binding on them" is horrendously arbitrary and unreasonable.
&ome#here do#n the line #e have started blaming our procedural and evidence la#s for the docket e*plosion in our
legal system. The result is #e no# #ant to impart ad hocism to the process of +ustice dispensation. Let the state first
realise that it is not the la#s themselves but the manner of their implementation #hich has resulted in the proverbial
la#'s delays. )o#ever good la#s may be on paper" unless #e have sufficient infrastructural support and ade.uate
number of competent and honest +udges to implement them" they #ill lose their capacity to render +ustice. Thro#ing
overboard the (ivil Procedure (ode and the /vidence Act is no ans#er to +udicial backlogs. In the long term it #ill
have a most pernicious effect on the system. /ven on a short term basis no advantage is discernible. This is because"
though the Legal &ervices Act does not provide for an appeal against the orders of the Lok Adalat" invoking the )igh
(ourts' 0rit >urisdiction under Articles 112 and 117 cannot be ruled out as it is a basic feature of our (onstitution.
The ultimate result #ould be that all these matters #ill come knocking at the doors of the )igh (ourt" thus
suffocating an already overloaded )igh (ourt.
The provisions of the Legal &ervices Authorities Act seek to reduce +ustice dispensation to an informal and casual
process. &uch measures #ill serve no purpose save to thro# the foundation of the legal system into total chaos and
disarray. Let the /*ecutive and the Legislature realise that the reason for the pathetic state of our litigation disposal
rate is the ne*t to non!e*istent infrastructure" enormous delays in filling up vacancies" lo# entry level barriers into
the legal profession and appallingly lo# +udge!to!population ratio in India. The ob+ection of the la#yers to the
provisions of the Act is relevant and most definitely merits a revie#.
ustice Altamas !abir" /*ecutive (hairman" 8AL&A
Para!legal volunteers can help bridge the gap bet#een the ordinary citiAen and legal services
institutions.
The provision of legal aid to the poor and the disadvantaged e*ists in all civilised countries" often
guided by charitable and philanthropic concerns. In a democratic set!up" the philosophy of legal
aid has ac.uired a ne# meaning" #ith an emphasis on the concept of e.uality of all human
beings" increasingly dra#n from the universal principles of human rights. @ree legal aid to the
poor and marginalised members of society is no# vie#ed as a tool to empo#er them to use the
po#er of the la# to advance their rights and interests as citiAens" and as economic actors. &uch a
paradigm shift in the concept of legal aid gains greater importance #hen India is vie#ed as a
gro#ing economic po#er.
Parliament enacted the Legal &ervices Authorities Act" 4567 in order to give effect to Article 95!
A of the (onstitution to e*tend free legal aid" to ensure that the legal system promotes +ustice on
the basis of e.ual opportunity. $8ovember 5 is observed as 8ational Legal &ervices 'ay" to
commemorate the enactment of the legislation.% Those entitled to free legal services are members
of the &cheduled (astes and the &cheduled Tribes" #omen" children" persons #ith disability"
victims of ethnic violence" industrial #orkmen" persons in custody" and those #hose income does
not e*ceed a level set by the government $currently it is ?s.4 lakh a year in most &tates%. The Act
empo#ers legal services authorities at the district" &tate and national levels" and the different
committees $legal services institutions% to organise Lok Adalats to resolve pending and pre!
litigation disputes. It provides for permanent Lok Adalats to settle disputes involving public
utility services. ;nder the Act" Ilegal servicesJ have a meaning that includes rendering of service
in the conduct of any court!anne*ed proceedings or proceedings before any authority" tribunal
and so on" and giving advice on legal matters. Promoting legal literacy and conducting legal
a#areness programmes are functions of legal services institutions.
Access to "ustice
The (onstitution treats all citiAens as being e.ual and provides them e.ual protection under the
la#. Ket" the common person faces barriers to Laccess to +ustice.'
Illiteracy" lack of financial resources and social back#ardness are ma+or factors that hinder the
common person from accessing +ustice. There are other invisible barriersF lack of courage to
e*ercise legal rights" the proclivity to suffer silently the denial of rights" and geographical and
spatial barriers are e*amples. &uch barriers keep people disempo#ered and sub+ected to
e*ploitation by po#erful people. This results in their being shoved a#ay from the mainstream"
and they become constrained in becoming potential economic actors contributing to the nation's
development.
The Act provides for a machinery to ensure access to +ustice to all through the institutions of
legal services authorities and committees. These institutions are manned by +udges and +udicial
officers. Parliament entrusted the +udiciary #ith the task of implementing the provisions of the
Act" as the other pillars of the government #ere neither inclined nor had the e*pertise to take up
the responsibility to provide access to +ustice to the #eaker sections.
#eaching out
Gne of the problems faced by legal services institutions is their inability to reach out to the
common people. This hiatus bet#een them and the common people #as perceived as indirectly
defeating the ob+ectives of the Act. It is in this conte*t that the 8ational Legal &ervices Authority
$8AL&A% has come up #ith the idea of para!legal volunteers to bridge the gap bet#een the
common person and legal services institutions.
The scheme seeks to utilise community!based volunteers selected from villages and other
localities to provide basic legal services to the common people. /ducated persons #ith
commitment to social service and #ith a record of good character are selected. The volunteers
are trained by district legal services authorities. The training e.uips them to identify the la#!
related needs of the marginalised in their locality. &uch needs include assistance to secure legal
rights" benefits and actionable entitlements under different government schemes that are denied
to them. (oming as they do from the same locality" they are in a better position to identify those
#ho need assistance and bring them to the nearest legal services institutions to solve their
problems #ithin the frame#ork of la#. They can assist disempo#ered people to get their
entitlements from government offices #here ordinary people often face hassles on account of
bureaucratic lethargy and apathy.
Legal aid clinics in villages
In order to reach out to the common people" 8AL&A has come up #ith a pro+ect to set up legal
aid clinics in all villages" sub+ect to financial viability. Ignorance of #hat to do #hen faced #ith
la#!related situations is a common problem for disempo#ered people. Legal aid clinics #ork on
the lines of primary health centres" #here assistance is given for simple ailments and other minor
medical re.uirements of village residents. Legal aid clinics assist in drafting simple notices"
filling up forms to avail benefits under governmental schemes and by giving initial advice on
simple problems. A legal aid clinic is a facility to assist and empo#er people #ho face barriers to
Laccess to +ustice.'
Trained para!legal volunteers are available to run legal aid clinics in villages. The common
people in villages #ill feel more confident to discuss their problems #ith a friendly volunteer
from their o#n community rather than #ith a city!based legal professional. The volunteers #ill
refer any complicated legal matters that re.uire professional assistance to the nearest legal
services institutions. 0hen comple* legal problems are involved" the services of professional
la#yers #ill be made available in the legal aid clinics.
Free and competent legal services
There has been a #idespread grievance that la#yers engaged by legal services institutions do not
perform their duties effectively and that the la#yers are not paid commensurately for their #ork.
In order to solve these problems" 8AL&A has framed the 8ational Legal &ervices Authority
$@ree and (ompetent Legal services% ?egulations" 1:4: to provide free and competent legal
services. &crutiny of legal aid applications" monitoring of cases #here legal aid is provided" and
engaging senior la#yers on payment of regular fees in special cases" are the salient features of
the ?egulations. In serious matters #here the life and liberty of a person are in +eopardy" the
?egulations empo#er legal services authorities to specially engage senior la#yers.
$hildren%s rights, a neglected field
>uveniles including children constitute more than a third of India's population. Ket" children and
their rights are neglected. The problems of children are often seen through the spectacles of an
adult. (onse.uently" the rights of children #ho are orphaned" abandoned and in conflict #ith the
la# are not properly handled by government officials and +uvenile +ustice institutions. 'enied
care and protection" they may end up as children in conflict #ith la#. At the same time" children
in conflict #ith the la# need care and protection. In Gctober 1:44" the &upreme (ourt" in
Sampurna Behrua v. Union of India" a public interest litigation" directed the 'irectors eneral of
Police of the &tates to designate one police officer in each police station as +uvenile,child #elfare
officer. The court directed legal services authorities to train such police officials and give free
legal services to all children in conflict #ith la# on an incremental basis" starting #ith the &tate
capital cities.
Legal services to the mentally!ill and the mentally!retarded" to #orkers in the unorganised sector"
and to solve disputes arising out of the implementation of the Mahatma andhi 8ational ?ural
/mployment uarantee Act" are other schemes dra#n up by 8AL&A for implementation by legal
services institutions. A #eb!based monitoring system is in place to monitor their activities.
8AL&A #orks #ith civil society organisations" specialised statutory bodies and government
departments.
Legal services institutions have until no# functioned in uncharted #aters" often making their
presence felt only at certain ports of call like court!based legal services" organising legal literacy
camps and Lok Adalats. 8o#" #ith a paradigm shift in the concept of legal services" legal
services authorities are reaching out to the people to facilitate Laccess to +ustice' to all in the most
practicable and economical manner.