Gunjan Madaan- A final year law student, BALLB (H) at KR MANGALAM UNIVERSITY has authored this article interning virtually at LeDroit India.
Abstract-
An important piece of legislation that helped democratize access to fairness and guarantee legal aid to the poor and oppressed segments of society in India is the legislation known as the Legal Services Authorities Act, 1987. The Act, which was passed with the primary goal of giving economically marginalized and poor individuals access to reasonable and effective legal aid, fulfills the constitutional obligation of equality to everyone.
The Legal Service Authorities Act,1987 (LSAA), was enacted by Central Government of India pursuant to Article 39-A of constitution of India and recommendation of its committee. The legal service authority act,1987 come into effect on 9th November 1995. According to this act, the economically weak, backward, and disabled are eligible to receive the legal aid. There are different levels of legal aid, including provisions for legal assistance to illiterate poor, and physically challenged individuals who are unable to access to courts due to their ignorance of law or financial limitations. Anyone who meets the requirements for legal aid under Section 12 of the Act is eligible to receive it.
Keywords-
- Pre-litigation
- Settlement
- Permanent Lok Adalats
- Public Utility Services
- Binding decision
- Conciliation
Introduction-
Chapter VI A of the Legal Services Authorities Act, 1987, which was added in 2002, specifies pre-litigative measures for mediation and settlement of disputes relating to “public utility services.”
Chapter VIA of the Legal Services Authorities Act of 1987 governs the setting up, the company, and operation of Lok Adalats (People’s Courts). It was included by the 1994 Amendment Act to improve India’s alternative dispute settlement framework.
The Act intends to create the Lok Adalats, provide legal assistance for free, and ensure that nobody is denied the opportunity for justice due to impairment or lack of money. It also aims to inform the public regarding the law. The nation has witnessed a transformation in the administration of justice with the establishment of Lok Adalats. There are still a lot of matters that are pending in the nation’s courts. The administration has already implemented a variety of initiatives to lower the number of open cases. The proposal succeeded in giving litigants access to an extra court alongside offering a second venue for conciliation.
Lok Adalats under the Legal Service Authority Act, 1987-
Lok Adalats is defined under section 19 of the Legal Service Authority Act, 1987. Statute’s Section 19 calls for the creation of Lok Adalats. Lok Adalats will be held by legal service authorities across all tiers, including the federal, state, and local levels. A further method of resolving disputes is through Lok Adalats. Their goal is to resolve unresolved or outstanding cases outside of the legal system. It is made up of judges or other authorized individuals who are either state, local, or federal government employees. Conciliators administer the decision in compliance with the provisions of section 21 of the Act after the parties have agreed and the dispute has been resolved through mediation. Legally speaking, the reward is equivalent to a court ruling.
- Functions of Lok Adalat-
The roles that Lok Adalat performs are as follows:
- Representatives of Lok Adalat ought to treat all sides equally and impartially.
- Court proceedings that are unresolved are handled by Lok Adalat. The court money that was made to the arbitration on the application will be repaid in the event of a Lok Adalat agreement.
- There is no court charge to file an appeal with Lok Adalat.
- Types of Lok Adalat-
There are different types of Lok Adalat which are as follows: –
- National Lok Adalat- Hundreds of petitions are resolved at the highest court and lower levels of government via regular nationwide Lok Adalat sessions. This Adalat discusses a distinct subject every thirty days.
- Permanent Lok Adalat- Section 22B, on the other of the Act governs the body. In Permanent Lok Adalat, there is a required pre-litigation system for resolving issues involving public services including transportation, the postal service, telegraph, etc. Following Abdul Hasan and National Legal Services Authority v. Delhi Vidyut Board and others (1999), the courts mandated the establishment of Lok Adalats that would remain in place permanently.
- Mobile Lok Adalat– Mobile Lok Adalat is an argument resolution process that moves from location to location. As of the end of September 2015, the nation had conducted about 15.14 lakh Lok Adalats and resolved over 8.25 crore cases.
- Mega Lok Adalat- Ad hoc body known as the Mega Lok Adalat is established at the state level in just one day across all courts.
- Daily Lok Adalat- Such Lok Adalats, or Lok Adalats, take place every day.
- Continuous Lok Adalat- It is conducted nonstop for a predetermined period of days.
Chapter VI A of Legal Services Authority Act,1987-
Chapter VI A of the Legal Services Authorities Act, 1987, which was added in 2002, specifies pre-litigative measures for mediation and resolution of conflicts relating to “public utility services.”
This chapter proposes to establish a mandatory pre-litigation procedure for settling disputes involving public utility services through conciliation and settlement.
It addresses conflicts over public utility services, which are referred to as facilities that are critical to the belonging, such as power, water, sanitation, and transportation.
The section provides a structure for Lok Adalats (People’s Courts) to address these conflicts, thereby encouraging amicable outcomes and lessening the burden on the court system.
Key provisions-
- Mandatory Pre-Litigative Mechanism: Disputes over public utility services must first be handled through conciliation and mediation before proceeding to litigation.
- Lok Adalats: They play an important role in enabling these conciliations and settlements.
- Focus on Public Utility Services: The chapter focuses on disputes over public utility services such as power, water, and sanitation.
Permanent Lok Adalats-
A further element of the Legal Services Authorities Act of 1987 is the Permanent Lok Adalat for Public Utility Operations. Pre-litigation, compromise, and resolution are the steps in the process. If the dispute is not resolved, it may be decided based on the evidence presented. As per the terms of the sixth chapter of the Tamil Nadu Legal Services Authorities Act, 1987 Permanent Lok Adalats were established by the State Legal Services Authority for 32 Areas with Public Utility Services. Permanent Lok Adalat will be made up of consisting of a chairperson and two more members with sufficient expertise in the Notifications from the State Government on Public Utility Services on the suggestions made by the State Legal Services Authority of Tamil Nadu.
Section 22A of the Legal Services Authority Act,1987-
Section 22A talks about the definition of Permanent Lok Adalats-
In this chapter and sections 22 and 23, “Permanent Lok Adalat” refers to the Permanent Lok Adalat formed under sub-section (1), unless otherwise specified.
section22B.
Public Utility Services-
Section 22-A(b) of the Legal Service Authority Act, 1987 defines the Public Utility Services as any of the following-
- Transport services
- Postal, Telegraph, or telephone services
- Supply of light, power, or water
- System of public conservancy or sanitation
- Services in hospital or dispensary
- Insurance services
- Banking services
- Finance services
- Housing services
- Education
- Other services included notification by the State Government, from time to time.
Characteristics of Permanent Lok Adalats-
- Permanent Lok Adalats are intended to settle conflicts over public utility services such as transportation, postal, and telegraph through conciliation and settlement.
- They provide a mandatory pre-litigation procedure, which means that parties must seek settlement by means of Permanent Lok Adalats without proceeding to formal court proceedings.
- PLAs are permanent entities that normally have a chairman and two members.
- They have jurisdiction over issues involving public utility services, although their powers are comparable to those of a civil court under the Code of Civil Procedure, 1908.
- Natural justice, objectivity, fair play, and equity are the values that support Permanent Lok Adalats proceedings.
- Before embarking with formal court procedures, parties must try to resolve their differences through Permanent Lok Adalats.
- Permanent Lok Adalats are permanent structures that have been set up in most districts.
- They focus on issues involving public utility services such as transportation, postal, and telegraph.
Legal Framework-
Legal Framework of the Permanent Lok Adalats are mentioned in Section 22A TO 22E
Section 22A – Definitions-
- Permanent Lok Adalats-
In this chapter and sections 22 and 23, “Permanent Lok Adalat” refers to the Permanent Lok Adalat formed under sub-section (1), unless otherwise specified.
section22B.
- Public utility services-
Means any-
- Transport services
- Postal, Telegraph, or telephone services
- Supply of light, power, or water
- System of public conservancy or sanitation
- Services in hospital or dispensary
- Insurance services
- Banking services
- Finance services
- Housing services
- Education
This section applies to any service declared as a public utility service by the Central or State Government in the public interest, as per notice.
Section 22B- Establishment of Permanent Lok Adalats-
(1) The Central Authority or State Authority may establish Permanent Lok Adalats in specified areas to exercise jurisdiction over public utility services, regardless of section 19.
(2)A Permanent Lok Adalat formed for a specified region under sub-section (1) must include—
(a) a person who is or has been a district judge, additional district judge, or has held judicial Chairman of the Permanent Lok Adalat must be a higher-ranking official than a district judge.
(b) Two more individuals with relevant experience in public utility services will be nominated by the Central or State Governments based on recommendations from the Central or State Authority.
The Chairman and other members of the Permanent Lok Adalat would be appointed by the Central Authority or the State Authority, according to the terms and conditions established by the Central Government.
Section 22C- Cognizance of cases by Permanent Lok Adalats- 9
(1) Either party to a conflict may, into the dispute is presented before any court, make an appeal to the Permanent Lok Adalat for the settlement of dispute,
Provided that the Permanent Lok Adalat shall not have authority in regard of any issue pertaining to an offence not compoundable under any law,
Provided further that the Permanent Lok Adalat may also not have authority in the issue where the worth of the asset in dispute exceeds ten lakh rupees.
The Central Government may enhance the limit of lakh rupees indicated in the second proviso through notification after consulting with the Central Authority.
(2) Once a petition is made under sub-section (1) to the Permanent Lok Adalat, no party to that application shall assert authority of any court in the same dispute.
(3) When an application is submitted to a Permanent Lok Adalat under sub-section (1),
a) each party must provide a written statement outlining the facts, nature of the dispute, points or problems, and grounds for the application. If a party supports or opposes a point or issue, they can supplement their statement with relevant documents and evidence. They must send a copy of the statement, along with any supporting documents and evidence, to all parties involved in the application.
b) Request supplementary statements from any party involved in the application at any point of the conciliation process.
c) disclose any documents or statements received from any party involved in the application to the other party so that they can respond.
(4) After filing a statement, further declaration, and respond under sub-section (3), the Permanent Lok Adalat will conduct conciliation proceedings with the parties involved, considering their circumstances dispute.
(5) Throughout conciliation proceedings under sub-section (4), the Permanent Lok Adalat will assist the parties in reaching an equitable settlement in an unbiased and impartial manner.
(6) Parties to the application must work in good faith with the Permanent Lok Adalat to resolve the issue and present evidence and documents as directed.
(7) In conciliation procedures, if a Permanent Lok Adalat believes there are aspects of agreement that are acceptable to the parties, it may propose terms for a possible settlement. If the parties reach an agreement, they must sign the settlement agreement, and the Permanent Lok Adalat will pass an order.
(8) If the parties cannot reach an agreement under sub-section (7), the Permanent Lok Adalat will resolve the issue, if it does not include an offense.
Section 22D- Procedure of Permanent Lok Adalats-
The Permanent Lok Adalat must follow natural justice, objectivity, fair play, equity, and various other principles of justice when conducting conciliation proceedings or settling disputes under this Act. They are not obliged by the Code of Civil Procedure, 1908 (5 of 1908), and the Indian Evidence Act, 1872
Section 22E- The Permanent Lok Adalat award will be final.
(1) The Permanent Lok Adalat’s decisions under this Act, whether issued on merit or through a settlement agreement, are final and binding on all parties involved and their claimants.
(2) The Permanent Lok Adalat’s awards under this Act are equivalent to civil court decrees.
(3) The Permanent Lok Adalat shall make its award under this Act with the approval of a majority of its members.
(4) Awards rendered by the Permanent Lok Adalat under this Act are final and cannot be challenged in any originating suit, application, or execution procedure.
(5) The Permanent Lok Adalat can send any award made by it to a civil court with local jurisdiction, and the civil court shall implement the order as if it were a decree issued by that court.
Conclusion-
Chapter VIA of the Legal Services Authorities Act of 1987, which governs Lok Adalats and Permanent Lok Adalats (PLAs), has been instrumental in fostering alternative dispute resolution (ADR) in India. It has made a substantial contribution to lessening the strain on courts, assuring fast justice, and providing a cost-effective, accessible, and user-friendly alternative for conflict resolution.
Lok Adalats promote conciliation and amicable agreements, making them an important instrument for achieving justice without needless litigation. The binding character of their awards promotes finality, preventing lengthy legal fights. Furthermore, the creation of Permanent Lok Adalats for public utility services has improved dispute settlement in areas vital to everyday living, including as transportation, power, water supply, and healthcare.
Chapter VIA supports the constitutional duty for free legal aid under Article 39A while also advancing the ideals of natural justice and social equity. It is a progressive step toward a more inclusive and accessible justice system.
However, there is still room for development in awareness, infrastructure, and enforcement measures to make Lok Adalats even more efficient. Strengthening its operations can boost public faith in alternative dispute resolution and lead to a more efficient justice delivery system in India.
References-
- Bare Act- Legal Services Authorities Act,1987- https://www.indiacode.nic.in/
- Drishti Judiciary- https://www.drishtijudiciary.com/
- I Pleaders Blog-https://blog.ipleaders.in/
- National Legal Services Authority- https://nalsa.gov.in/
