Lok Adalats and Other Courts
National Legal Services Authority (NALSA)
- Article 39A mandates free legal aid.
- Articles 14 and 22(1) ensure equality before law and a legal system promoting justice.
- Legal Services Authorities Act, 1987, came into force on November 9, 1995.
- NALSA monitors legal aid programs, lays down policies.
- State Legal Services Authorities, High Court Legal Services Committees, District Legal Services Authorities, and Taluk Legal Services Committees have been constituted.
- Supreme Court Legal Services Committee administers legal services for the Supreme Court.
- NALSA frames schemes for State Legal Services Authorities.
- Functions:
- Provide free legal services.
- Organize Lok Adalats.
- Organize legal awareness camps.
- Free legal services include:
- Court fees and process charges.
- Lawyer services.
- Certified copies of documents.
- Preparation of appeals.
- Eligible persons:
- Women and children.
- SC/ST members.
- Industrial workmen.
- Victims of mass disasters.
- Disabled persons.
- Persons in custody.
- Low-income individuals (₹1 lakh annual income, ₹5,00,000 in SC).
- Victims of trafficking or beggars.
Lok Adalats
- A forum for compromising or settling cases pending in court or at the pre-litigation stage.
- Based on Gandhian principles and part of ADR.
- Provides an alternative for quick and inexpensive justice.
- No victors or vanquished.
- First camp was in Gujarat in 1982.
- Given statutory status under the Legal Services Authorities Act, 1987.
- Organization:
- Organized by State/District Legal Services Authority, Supreme Court/High Court Legal Services Committee, or Taluk Legal Services Committee.
- Composed of serving or retired judicial officers and other persons.
- Usually includes a judicial officer, lawyer, and social worker.
- Jurisdiction:
- Cases pending before any court.
- Matters within the jurisdiction of any court but not yet brought before it.
- Excludes offences not compoundable under law.
- Referral of Cases:
- By agreement of parties.
- By application to the court.
- If the court is satisfied the matter is appropriate.
- Pre-litigation disputes can be referred by the organizing agency.
- Powers:
- Same powers as a Civil Court under the Code of Civil Procedure (1908).
- Summoning witnesses.
- Document discovery and production.
- Reception of evidence on affidavits.
- Requisitioning public records.
- Can specify its own procedure.
- Proceedings are considered judicial proceedings under the Indian Penal Code (1860).
- Award:
- Deemed a decree of a Civil Court.
- Final and binding; no appeal is allowed.
- Types:
- National Lok Adalats: Held regularly nationwide, often on a single day and on a specific subject every month.
- State Lok Adalats (Regular Lok Adalats):
- Continuous Lok Adalat: Sits continuously for a set number of days.
- Daily Lok Adalat: Organised on daily basis.
- Mobile Lok Adalat: Uses a multi-utility van to resolve cases in different areas.
- Mega Lok Adalat: Organised in the State on a single day in all courts of the State.
- Permanent Lok Adalats (Public Utility Services).
- Benefits:
- No court fee, refunds if already paid.
- Procedural flexibility and speedy trial.
- Direct interaction with the judge.
- Binding and non-appealable awards.
- Less expensive and time-consuming.
- Free from technicalities.
- Parties can discuss freely.
- Redressal of grievances and restoration of relationships.
Permanent Lok Adalats
- Established under 2002 amendment to the Legal Services Authorities Act, 1987.
- Deals with public utility services.
- Composition:
- Chairman: District judge or equivalent.
- Two other persons with expertise in public utility services.
- Jurisdiction:
- Transport, postal, telegraph, power, water, sanitation, hospitals, insurance.
- Pecuniary jurisdiction: Up to ₹10 lakhs (increased to ₹1 Crore in 2015).
- Excludes offences not compoundable.
- Application for settlement can be made before dispute is brought to court.
- No party can invoke jurisdiction of any court after application is made to Permanent Lok Adalat.
- Formulates settlement terms, submits to parties, and passes award if agreed.
- If no agreement is reached, Permanent Lok Adalat decides the dispute on merits.
- Awards are final and binding.
Family Courts
- Family Courts Act, 1984 promotes conciliation and speedy settlement of family disputes.
- Reasons for Establishment:
- Urged by women's associations and others.
- Emphasis on conciliation and socially desirable results.
- Law Commission recommendation for a different approach.
- Lack of conciliatory procedure in regular courts.
- Objectives:
- Specialized court for family matters.
- Mechanism for conciliation.
- Inexpensive remedy.
- Flexibility and informal atmosphere.
- Features:
- Established by State Governments in consultation with High Courts.
- Mandatory in cities/towns with >1 million population.
- Enables establishment in other areas.
- Jurisdiction over:
- Matrimonial relief.
- Property of spouses.
- Legitimacy.
- Guardianship/custody.
- Maintenance.
- Mandatory reconciliation efforts.
- Informal proceedings; rigid rules don't apply.
- Association of social welfare agencies, counselors, medical, and welfare experts.
- Parties cannot be represented by lawyers as of right.
- Simplified rules of evidence and procedure.
- Only one right of appeal to the High Court.
Gram Nyayalayas
- Gram Nyayalayas Act, 2008, provides access to justice at the grassroots level.
- Reasons for Establishment:
- Access to justice for the poor and disadvantaged.
- Constitutional directive (Article 39A).
- Law Commission recommendation.
- Features:
- Court of Judicial Magistrate of the first class.
- Presiding officer (Nyayadhikari) appointed by State Government in consultation with High Court.
- Established for every Panchayat or group of Panchayats.
- Nyayadhikaris are judicial officers with same powers as First Class Magistrates.
- Mobile court with powers of both Criminal and Civil Courts.
- Located at Panchayat headquarters.
- Tries criminal cases, civil suits, claims, and disputes specified in Schedules.
- Central and State Governments can amend Schedules.
- Follows summary procedure in criminal trials.
- Exercises powers of a Civil Court with modifications.
- Tries to settle disputes through conciliation.
- Judgment/order deemed a decree; follows summary procedure for execution.
- Not bound by the Indian Evidence Act but guided by natural justice.
- Appeal in criminal cases to Court of Session, disposed of within six months.
- Appeal in civil cases to District Court, disposed of within six months.
- Accused can apply for plea bargaining.
Commercial Courts
- Commercial Courts Act, 2015, for Commercial Courts, Commercial Appellate Courts, Commercial Divisions and Commercial Appellate Divisions in High Courts.
- Addresses commercial disputes of specified value.
- Reasons for Establishment:
- Speedy disposal of high-value commercial disputes.
- Independent mechanism for early resolution.
- Positive image for investors.
- Recommendations of the Law Commission (253rd Report).
- Features:
- State Government can constitute Commercial Courts at the District level.
- Commercial Appellate Courts can be designated at the District Judge level.
- Chief Justice of High Court can constitute Commercial Division.
- Chief Justice of High Court can constitute Commercial Appellate Division.
- Specified value should not be less than ₹3 lakh (reduced from ₹1 crore in 2018).
- Compulsory mediation before institution of a suit without urgent interim relief; Pre-Institution Mediation and Settlement Mechanism is introduced.
- Central Government may empower Legal Services Authorities for pre-institution mediation.