Introduction

Once Mahatma Gandhi, the father of our nation said, "I had learnt the
true practice of law. I had learnt to find out the better side of human
nature, and to enter men's hearts. I realized that the true function of a
lawyer was to unite parties given as under. The lesson was so indelibly
burnt unto me that the large part of my time, during the twenty years of
my practice as a lawyer, was occupied in bringing about private
compromises of hundreds of case. I lost nothing, thereby not even my
money, certainly not my soul1.

The emergence of alternative dispute resolution has been one of the most
significant movements as a part of conflict management and judicial
reform, and it has become a global necessity. Lawyers, law students, law-
makers and law interpreters have started viewing disputes resolution in a
different and divergent environmental light and with many more
alternatives to the litigation. While ADR is, now, envisioned and
ingrained in the conscience of the Bench and the Bar and is an integral
segment of modern practice.

Resolution of disputes is an essential characteristic for societal peace,

amity, comity and harmony and easy access to justice. It is evident from
the history that the function of resolving dispute has fallen upon the
shoulders of the powerful ones. With the evolution of modern States and
sophisticated legal mechanisms, the courts run on very formal processes
and are presided over by trained adjudicators entrusted with the
responsibilities of resolution of disputes on the part of the State. The
processual formalisation of justice gave tremendous rise to consumption
of time and high number of cases and resultant heavy amount of

1 M.K. Gandhi, The law and the Lawyers (Navjeevan Publishing, Delhi, 1999)
expenditure. Obviously, this led to a search for an alternative
complementary and supplementary mechanism to the process of the
traditional civil court for inexpensive, expeditious and less cumbersome
and, also, less stressful resolution of disputes2.
Alternative Dispute Resolution is usually less formal, less expensive, and
less time-consuming than a trial. ADR can also give people more
opportunity to determine when and how their dispute will be resolved.
Types of Alternative Dispute Resolution3
1. Mediation
In mediation, an impartial person called a "mediator" helps the parties try
to reach a mutually acceptable resolution of the dispute. The mediator
does not decide the dispute but helps the parties communicate so they can
try to settle the dispute themselves. Mediation leaves control of the
outcome with the parties. Mediation may be particularly useful when
parties have a relationship they want to preserve. So when family
members, neighbors, or business partners have a dispute, mediation may
be the ADR process to use. Mediation is also effective when emotions are
getting in the way of resolution. An effective mediator can hear the
parties out and help them communicate with each other in an effective
and nondestructive manner.
Mediation may not be effective if one of the parties is unwilling to
cooperate or compromise. Mediation also may not be effective if one of
the parties has a significant advantage in power over the other. Therefore,
it may not be a good choice if the parties have a history of abuse or
victimization.
Mediation may not be effective if one of the parties is unwilling to

2 (2002) 1 SCC (journal) 11

3 ADR Types and benefits available at www.courts.ca.gov (Last visited

15/10/2015)
cooperate or compromise. Mediation also may not be effective if one of
the parties has a significant advantage in power over the other. Therefore,
it may not be a good choice if the parties have a history of abuse or
victimization.
2. Arbitration4
In arbitration, a neutral person called an "arbitrator" hears arguments and
evidence from each side and then decides the outcome of the dispute.
Arbitration is less formal than a trial, and the rules of evidence are often
relaxed. Arbitration may be either "binding" or "nonbinding." Binding
arbitration means that the parties waive their right to a trial and agree to
accept the arbitrator's decision as final. Generally, there is no right to
appeal an arbitrator's decision. Nonbinding arbitration means that the
parties are free to request a trial if they do not accept the arbitrator's
decision.
If parties want to retain control over how their dispute is resolved,
arbitration, particularly binding arbitration, is not appropriate. In binding
arbitration, the parties generally cannot appeal the arbitrator's award, even
if the evidence or the law does not support it. Even in nonbinding
arbitration, if a party requests a trial and does not receive a more
favorable result at trial than in arbitration, there may be penalties.
Arbitration is best for cases where the parties want another person to
decide the outcome of their dispute for them but would like to avoid the
formality, time, and expense of a trial. It may also be appropriate for
complex matters where the parties want a decision-maker who has
training or experience in the subject matter of the dispute.
3. Neutral Evaluation
In neutral evaluation, each party gets a chance to present the case to a
neutral person called an "evaluator." The evaluator then gives an opinion
4 Supra note 3
on the strengths and weaknesses of each party's evidence and arguments
and about how the dispute could be resolved. The evaluator is often an
expert in the subject matter of the dispute. Although the evaluator's
opinion is not binding, the parties typically use it as a basis for trying to
negotiate a resolution of the dispute.
Neutral evaluation may be most appropriate in cases in which there are
technical issues that require special expertise to resolve or the only
significant issue in the case is the amount of damages.
Neutral evaluation may not be appropriate when there are significant
personal or emotional barriers to resolving the dispute.
4. Settlement Conferences
Settlement conferences may be either mandatory or voluntary. In both
types of settlement conferences, the parties and their attorneys meet with
a judge or a neutral person called a "settlement officer" to discuss
possible settlement of their dispute. The judge or settlement officer does
not make a decision in the case but assists the parties in evaluating the
strengths and weaknesses of the case and in negotiating a settlement.
Settlement conferences are appropriate in any case where settlement is an
option. Mandatory settlement conferences are often held close to the date
a case is set for trial.

The Institution of Lok Adalats in India

The concept of conciliated settlement of disputes is not alien to the
traditional Indian culture and social life. Nyaya Panchayats and Gram
Panchayat provided seats for resolving the disputes in rural areas on an
immediate basis. Generally, any crime or civil dispute used to be resolved
within the village itself. Either village elders or caste elders or family
elders used to facilitate the process5.
As such, ADR has been, a vital, and vociferous, vocal and vibrant part of
our historical past. Undoubtedly, Lok Adalat (Peoples' Court) concept
and philosophy is an innovative Indian contribution to the world
jurisprudence. It has very deep and long roots not only in the recorded
history but also even in pre historical era. It has been proved to be a very
effective alternative to litigation. Lok Adalat is one of the fine and
familiar fora, which has been playing an important role in settlement of
disputes. The system has received laurels from the parties involved in
particular and the public and the legal functionaries, in general. It also
helps in emergence of jurisprudence of peace in the larger interest of
justice and wider sections of society.6
The ancient concept of settlement of dispute through mediation,
negotiation or through arbitral process known as "Peoples' Court verdict"
or decision of "Nyaya-Panch" is conceptualized and institutionalized in
the philosophy of Lok Adalat. Some people equate Lok Adalat to
conciliation or mediation; some treat it with negotiations and arbitration.
Those who find it different from all these, call it "Peoples' Court". It
involves people who are directly or indirectly affected by dispute
resolution.
The introduction of Lok Adalats added a new chapter to the justice

5 Significance of Lok Adalats in present scenario available at

www.legalservicesIndia.com (last visited 15/10/2015)
6 Justice Jitendra N. Bhatt, A vibrant- ADR in India 11 SCCjournal (2002)
dispensation system of this country and succeeded in providing a
supplementary forum to the victims for satisfactory settlement of their
disputes. This system is based on Gandhian principles. It is one of the
components of ADR systems. It is an Indian contribution to the world
jurisprudence of ADR. Lok Adalat (peoples courts), established by the
government settles dispute by the principles of justice, equity and fair
play, which are the guiding factors for decisions based on compromises
to be arrived at before such Adalats.7
The introduction of Lok Adalats added a new chapter to the justice
dispensation system of this country and succeeded in providing a
supplementary forum to the victims for satisfactory settlement of their
disputes. This system is based on Gandhian principles. It is one of the
components of ADR systems. It is an Indian contribution to the world
jurisprudence of ADR. Lok Adalat (peoples courts), established by the
government settles dispute by the principles of justice, equity and fair
play, which are the guiding factors for decisions based on compromises
to be arrived at before such Adalats.
The camps of Lok Adalats were initially started in the state of Gujarat in
1982. The first Lok Adalat was organized on 14th March 1982 at
Junagarh. Maharashtra commenced the Lok Nyayalaya in 1984. The
movement has now subsequently spread to the entire country. The reason
to create such camps was only the pending cases and to give relief to the
litigants who were in a queue to get justice.
The salient features of this form of dispute resolution are participation,
accommodation, fairness, expectation, voluntariness, neighborliness,
transparency, efficiency and lack of animosity.
Reasons for Development of Lok Adalats

7 Supra note 5
Perhaps one of the biggest challenges faced by the Indian judiciary is the
massive burden of pending cases. As of the last quarter of 2013, there
were over 3 crore pending cases in various courts. In the eight years
between 2006 and 2013, the number of pending cases increased at each
level of courts.8
The increase, however, is steeper at the higher levels compared to district
and subordinate courts. Also, the burden of cases per judge has increased
in the SC and HCs while it has decreased in district courts.
In addition to the govt. being the largest litigant, the provision of repeated
appeals in the judicial system is responsible for the huge pendency in all
the courts particularly high courts and supreme court.
The evolution of this movement was a part of the strategy to relieve
heavy burden on the Courts with pending cases and to give relief to the
litigants who were in a queue to get justice. The first Lok Adalat was held
on March 14, 1982 at Junagarh in Gujarat the land of Mahatma Gandhi.
Lok Adalats have been very successful in settlement of motor accident
claim cases, matrimonial/family disputes, labour disputes, disputes
relating to public services such as telephone, electricity, bank recovery
cases and so on.

Some statistics may give us a feeling of tremendous satisfaction and

encouragement. Up to the middle of 2004, more than 200,000 Lok
Adalats have been held and therein more than16 million cases have been
settled, half of which were motor accident claim cases. More than one
billion US dollars were distributed by way of compensation to those who
had suffered accidents. 6.7 million persons have benefited through legal
aid and advice.

8 Biggest Challenge faced by the Indian Judiciary: Pending Cases, The Times of
India, Apr. 6, 2105
Justice Ramaswamy had once said Resolving disputes through Lok
Adalat not only minimizes litigation expenditure, it saves valuable time
of the parties and their witnesses and also facilitates inexpensive and
prompt remedy appropriately to the satisfaction of both the parties.
Indian socio-economic conditions warrant highly motivated and
sensitized legal service programmes as large population of consumers of
justice (heart of the judicial anatomy) are either poor or ignorant or
illiterate or backward, and, as such, at a disadvantageous position. The
State, therefore, has a duty to secure that the operation of legal system
promotes justice on the basis of equal opportunity. Alternative dispute
resolution is, neatly, worked out in the concept of Lok Adalat. It has
provided an important juristic technology and vital tool for easy and early
settlement of disputes. It has again been proved to be a successful and
viable national imperative and incumbency, best suited for the larger and
higher sections of the present society and Indian system. The concept of
legal services, which includes Lok Adalat, is a "revolutionary evolution
of resolution of disputes".9

Legislative and Constitutional basis of Lok Adalats

9 Supra note 6
Eminent judges of the Supreme Court and High Courts have many a time
emphasized the need for free legal aid to the poor. Legal Aid is a kind of
human right in the context of conflicts and contradictory interests. The
Central Government, taking note of the need for legal aid for the poor and
the needy, had introduced Article 39 (A) in the Constitution in February
1977.
Article 39 A of the Constitution of India provides for equal justice and
free legal aid. It is, therefore clear that the State has been ordained to
secure a legal system, which promotes justice on the basis of equal
opportunity. The language of Article-39 A is understood in mandatory
terms. This is made more than clear by the use of the word shall in Art-
39 A.
It is emphasized that the legal system should be able to deliver justice
expeditiously on the basis of equal opportunity and provide free legal aid
to ensure that opportunities for securing justice are not denied to any
citizens by reasons of economic or other disabilities. It was in this context
that the Legal Services Authorities Act, 1987 has been enacted by the
Parliament. One of the aims of this Act is to organize Lok Adalats to
secure that the operation of legal system promotes justice on the basis of
equal opportunity. Chapter VI of the Act deals with Lok Adalats. The Act
created National, State and District Legal Service Authorities with the
power to organize Lok Adalats10.
The advent of Legal Services Authorities Act, 1987 gave a statutory
status to Lok Adalats, pursuant to the constitutional mandate in Article
39-A of the Constitution of India, contains various provisions for
settlement of disputes through Lok Adalat. It is an Act to constitute legal
services authorities to provide free and competent legal services to the
weaker sections of the society to ensure that opportunities for securing
10 Sami S. George, The Legal Review of Lok Adalats in India 8 IJSLS (2009)
justice are not denied to any citizen by reason of economic or other
disabilities, and to organize Lok Adalats to secure that the operation of
the legal system promotes justice on a basis of equal opportunity. Even
before the enforcement of the Act, the concept of Lok Adalat has been
getting wide acceptance as People's Courts as the very name signifies.
Settlement of disputes at the hands of Panchayat Heads or tribal heads
was in vogue since ancient times. When statutory recognition had been
given to Lok Adalat, it was specifically provided that the award passed by
the Lok Adalat formulating the terms of compromise will have the force
of decree of a court, which can be executed as a civil court decree.

Peculiarities associated with the working of Lok Adalats

 Procedure11
The procedure followed at a Lok Adalat is very simple and shorn of
almost all legal formalism and rituals. The Lok Adalat is presided over by
a sitting or retired judicial officer as the chairman, with two other
members, usually a lawyer and a social worker. It is revealed by
experience that in Lok Adalats it is easier to settle money claims since in
most such cases the quantum alone may be in dispute. Thus the motor
accident compensation claim cases are brought before the Lok Adalat and
a number of cases were disposed of in each Lok Adalat. One important
condition is that both parties in dispute should agree for settlement
through Lok Adalat and abide by its decision. A Lok Adalat has the
jurisdiction to settle, by way of effecting compromise between the
parties, any matter which may be pending before any court, as well as
matters at pre-litigative stage i.e. disputes which have not yet been
formally instituted in any Court of Law. Such matters may be civil or
criminal in nature, but any matter relating to an offence not
compoundable under any law cannot be decided by the Lok Adalat even
if the parties involved therein agree to settle the same. Lok Adalats can
take cognizance of matters involving not only those persons who are
entitled to avail free legal services but of all other persons also, be they
women, men, or children and even institutions. Anyone, or more of the
parties to a dispute can move an application to the court where their
matter may be pending, or even at pre-litigative stage, for such matter
being taken up in the Lok Adalat whereupon the Lok Adalat Bench
constituted for the purpose shall attempt to resolve the dispute by helping
the parties to arrive at an amicable solution and once it is successful in

11Anurag K Agarwal, Role of Alternative Dispute Resolution methods in

developing societies: Lok Adalats in India, IIMAhmedabadPublications (2005)
doing so, the award passed by it shall be final which has as much force as
a decree of a Civil Court obtained after due contest.
Moreover the procedure of Lok Adalats has been made as simple as
possible because Indian socio-economic conditions warrant highly
motivated and sensitised legal service programmes as large population of
consumers of justice (heart of the judicial anatomy) are either poor or
ignorant or illiterate or backward, and, as such, at a disadvantageous
position. The State, therefore, has a duty to secure that the operation of
legal system promotes justice on the basis of equal opportunity.
Alternative dispute resolution is, neatly, worked out in the concept of Lok
Adalat. It has provided an important juristic technology and vital tool for
easy and early settlement of disputes. It has again been proved to be a
successful and viable national imperative and incumbency, best suited for
the larger and higher sections of the present society and Indian system.
The concept of legal services, which includes Lok Adalat, is a
"revolutionary evolution of resolution of disputes"12.
Finality of the awards of Lok Adalats
One issue that raises its head often is the finality of the award of the Lok
Adalat. During the Lok Adalat, the parties agree to abide by the decision
of the judge at the Lok Adalat. However, it is often seen that later, the
same order is challenged on several grounds. In one of the recent
decisions, the Supreme Court of India has once again laid to rest all such
doubts. In unequivocal terms, the Court has held that award of the Lok
Adalat is as good as the decree of a Court. The award of the Lok Adalat is
fictionally deemed to be decrees of Court and therefore the courts have
all the powers in relation thereto as it has in relation to a decree passed by
it. This includes the powers to extend time in appropriate cases. The
award passed by the Lok Adalat is the decision of the court itself though
12 Supra note 6
arrived at by the simpler method of conciliation instead of the process of
arguments in court.
It is useful to refer the judgment of the Supreme Court in State of Punjab
& Anr. vs. Jalour Singh and Ors13. The ratio of the decision was that the
award of the Lok Adalat does not mean any independent verdict or
opinion arrived at by any decision making process. The making of the
award is merely an administrative act of incorporating the terms of
settlement or compromise agreed by the parties in the presence of the Lok
Adalat, in the form of an executable order under the signature and seal of
the Lok Adalat. This judgment was followed in B.P. Moideen
Sevamandir and Anr. vs. A.M. Kutty Hassan14.
In view of the unambiguous language of Section 21 of the NLSA Act,
every award of the Lok Adalat shall be deemed to be a decree of a civil
court and as such it is executable by that Court. 2. The Act does not make
out any such distinction between the reference made by a civil court and
criminal court.
There is no restriction on the power of the Lok Adalat to pass an award
based on the compromise arrived at between the parties in respect of
cases referred to by various Courts (both civil and criminal), Tribunals,
Family court, Rent Control Court, Consumer Redressal Forum, Motor
Accidents Claims Tribunal and other Forums of similar nature.
Even if a matter is referred by a criminal court under Section 138 of the
Negotiable Instruments Act, 1881 and by virtue of the deeming
provisions, the award passed by the Lok Adalat based on a compromise
has to be treated as a decree capable of execution by a civil court15.

13 (2008) 2 SCC 660

14 (2009) 2 SCC 198
15Lok Adalats: The Peoples court in India available at www.wizardlegal1.in
(Last visited 15/10/2015)
 Consent of the Parties
The most important factor to be considered while deciding the cases at
the Lok Adalat is the consent of both the parties. It cannot be forced on
any party that the matter has to be decided by the Lok Adalat. However,
once the parties agree that the matter has to be decided by the Lok Adalat,
and then any party cannot walk away from the decision of the Lok
Adalat. In several instances, the Supreme Court has held that if there was
no consent the award of the Lok Adalat is not executable and also if the
parties fail to agree to get the dispute resolved through Lok Adalat, the
regular litigation process remains open for the contesting parties.

Benefits of Lok Adalats

The benefits that litigants derive through the Lok Adalat are many. First,
there is no court fee and even if the case is already filed in the regular
court, the fee paid will be refunded if the dispute is settled at the Lok
Adalat. Secondly there is no strict application of the procedural laws and
the Evidence Act while assessing the merits of the claim by the Lok
Adalat. The parties to the disputes though represented by their advocate
can interact with the Lok Adalat judge directly and explain their stand in
the dispute and the reasons therefor, which is not possible in a regular
court of law. Thirdly, disputes can be brought before the Lok Adalat
directly instead of going to a regular court first and then to the Lok
Adalat. The most vital benefit under the said Act is that the decision of
the Lok Adalat is binding on the parties to the dispute and its order is
capable of execution through legal process. No appeal lies against the
order of the Lok Adalat whereas in the regular law courts there is always
a scope to appeal to the higher forum on the decision of the trial court,
which causes delay in the settlement of the dispute finally. The reason
being that in a regular court decision is that of the court but in Lok Adalat
it is mutual settlement and hence no case for appeal will arise. In every
respect the scheme of Lok Adalat is a boon to the litigant public, where
they can get their disputes settled fast and free of cost.16
Though the Lok Adalat lends itself to easy settlement of money claims
there is scope for settlement of other disputes as well. Partition suits,
damages and matrimonial cases can be easily settled before Lok Adalat as
the scope for compromise through an approach of give and take is high in
these cases. The nationalized banks and other financial institutions are the
biggest litigants in all the civil courts throughout the country. The over
dues from the bank borrowers exceed Rs. 60,000 crores, of which a
substantial number of cases relate to small borrowers. However, for the
reasons best known to them the banks do not utilize the Lok Adalat
scheme liberally. Likewise the state-owned transport corporation should
take earnest steps to settle the motor accident cases through the Lok
16 Editorial, Lok Adalats for speedy justice, The Hindu, 18 Dec 2001
Adalat. But it is learnt that the transport corporations are not willing to
settle the cases before the Lok Adalat, since it involves payment of
money immediately.
Disposal of a case through a regular court of law not only involves higher
expenditure but also delay. Generally the litigants are anxious to settle the
disputes as early as possible. If the parties to a dispute are apprised of the
legal position they may agree to settle it amicably.
Moreover as discussed earlier, the decision of the Lok Adalat is binding
on the parties to the dispute and its order is capable of execution through
legal process. No appeal lies against the order of the Lok Adalat whereas
in the regular law courts there is always a scope to appeal to the higher
forum on the decision of the trial court, which causes delay in the
settlement of the dispute finally. The reason being that in a regular court,
decision is that of the court but in Lok Adalat it is mutual settlement and
hence no case for appeal will arise. In every respect the scheme of Lok
Adalat is a boon to the litigant public, where they can get their disputes
settled fast and free of cost.17

Cases, which can be referred to Lok Adalats

A Lok Adalat may take cognizance of cases, as per Section 20 of the
Legal Services Authority Act where:
(I) (a) the parties thereof agree; or
(b) one of the parties thereof makes an application to the court for
referring the case to the Lok Adalat for settlement and if such court is
17 Supra note 6
prima facie satisfied that there are chances of such settlement; or

(II) The court is satisfied that the matter is an appropriate one to be taken
cognizance of by the Lok Adalat; the court shall refer the case to the Lok
Adalat:
Provided that no case shall be referred to the Lok Adalat by such court
except after giving a reasonable opportunity of being heard to the parties.
Moreover there are various types of cases which can be specifically be
referred to the Lok Adalats:18
Compoundable civil, revenue and criminal cases.
Motor accident compensation claims cases
Partition Claims
Damages Cases
Matrimonial and family disputes
Mutation of lands case
Land Pattas cases
Bonded Labour cases
Land acquisition disputes
Banks unpaid loan cases
Arrears of retirement benefits cases
Family Court cases
Cases which are not sub-judice

18Lok Adalats: The Peoples Court, available at www.shodhganga.com (last

visited 15/10/2015)
Permanent Lok Adalats19
During the last few years Lok Adalat has been found to be a successful
tool of alternate dispute resolution in India. It is most popular and
effective because of its innovative nature and inexpensive style. The
system received wide acceptance not only from the litigants, but from the
19 Supra Note 15
public and legal functionaries in general. In India, during the last few
years Lok Adalat has been functioning continuously and permanently in
every district centre. In taluk centres also sittings of Lok Adalats have
been held successfully. Several thousands of pending cases and disputes,
which had not reached law courts, have been settled through Lok Adalats.

In 2002, Parliament brought about certain amendments to the Legal

Services Authorities Act, 1987. The said amendment introduced Chapter
VI-A with the caption PRE LITIGATION CONCILIATION AND
SETTLEMENT. Section 22-B envisages establishment of
"PERMANENT LOK ADALATS (PLA)" at different places for
considering the cases in respect of Public Utility Services (PUS).

If there is a dispute with respect to PUS, as per Section 22-C(1), any

party to such a dispute can, before bringing it to a court of law for
adjudication, make an application to PLA for the settlement of that
dispute. The party making such application need not be a party who raises
a claim against a public utility service. If one against a public utility
service makes a claim, the establishment carrying out the public utility
service can also raise that dispute before PLA to resolve it. The only
limitation is that PLA shall not have jurisdiction to consider a dispute
relating to an offence not compoundable under any law or any matter
where the value of the property in dispute exceeds Rs 10 lakhs. But the
Central Government can, by an appropriate notification, increase this
limit. Once an application has been made to PLA by one party, no party
to that application shall invoke the jurisdiction of any court in the same
dispute.

PLA has to be established by the National Legal Services Authority or

the State Legal Services Authorities. It shall have three members; the
Chairman, who is or has been a District Judge or an Additional District
Judge or has held a judicial office higher in rank than that of a District
Judge and two other members having adequate experience in public
utility service. The State or the Central Authority shall appoint such
persons, as the case may be, upon nomination by the respective
Governments. But at the same time, such nomination shall be on the
recommendation of the Central or the State Authority. Section 22-C(3)
provides that when an application is filed raising a dispute, the parties
shall be directed to file written statements with appropriate proof,
including documents and other evidence. Copies of documents produced
and statements made by the parties shall be given to each other.
Thereafter PLA shall conduct conciliation proceedings between the
parties to bring about an amicable settlement to the dispute. It is the
primary duty of PLA as per Section 22-C(4). While conducting such
conciliation proceedings, it is incumbent on the members of PLA to assist
the parties to reach an amicable settlement.

Conclusion
In every kind of civilisation, pursuit of justice is instinctive, it is, in fact, a
basic and primordial instinct in every human being; it is an individual, as
well as, societal instinct and every society strives or aspires to attain it
through its legal system. The degree of perfection attained by legal
system may be measured by the extent to which it exists in good instinct
for justice system to express itself and to find its fulfilment. Not every
legal system succeeds in this goal. Sometimes a legal system fails to
achieve its purpose because of defects and deficiencies in its substantive
laws and sometimes mainly because of its procedural rules' infirmities.
The concept of Lok Adalat is no longer an experiment in India, but it is
an effective and efficient, pioneering and palliative alternative mode of
dispute settlement which is accepted as a viable, economic, efficient,
informal, expeditious form of resolution of disputes. It is a hybrid or
admixture of mediation, negotiation, arbitration and participation. The
true basis of settlement of disputes by the Lok Adalat is the principle of
mutual consent, voluntary acceptance of conciliation with the help of
counsellors and conciliators. It is a participative, promising and potential
ADRM. It revolves round the principle of creating awareness amongst the
disputants to the effect that their welfare and interest, really, lies in
arriving, at amicable, immediate, consensual and peaceful settlement of
the disputes.
Let me conclude with a sound but an imperative caveat that we must be
ever mindful that "Yesterday is not ours to recover, but tomorrow is ours
to win or lose"

Bibliography:
ShodhGanga (Online Magazine of Social Sciences)
Various Articles from Google Scholar
Jstor
Manupatra (Online legal search engine)
Supreme Court Cases Journal (SCCJ)
 The Hindu
The Indian Express
Research and Publication Open source management, IIM
Ahmedabad

Acknowledgement
I would like to convey my deepest regards to Prof. Eqbal Hussain, for
providing me with such a novel topic, concerning the social aspect of
law. The completion of this assignment would not have been possible
except under his able guidance. His relentless endeavor in providing
expert guidance and mentorship during the completion of this assignment
deserves outstanding appreciation.
Regards,
Syed Tamjeed Ahmad
B.A.LL.B (Hons.) Semester VII

Semester Assignment

A brief study of the Peoples Court of India: Lok Adalats

Clinical Course-I
Submitted By: Submitted To:
Syed Tamjeed Ahmad Prof. Eqbal Hussain