Challenges In The Implementation Of Lok Adalat Award
- IJLLR Journal
- Jun 11
- 2 min read
Priyanka Gupta, Gautam Buddha University, Greater Noida
Anshumankar Dubey, Gautam Buddha University, Greater Noida
Introduction
Excessive pending litigation, complex litigation procedures, cost of litigation, and delays in administration of justice have long plagued the Indian judiciary. While the traditional Model of “Adversarial Legal Process” is an integral part of the dispute adjudication process it is not readily available for individuals on the economic margins because of financial and procedural obstacles. But in order to face these challenges the idea of Alternative Dispute Resolution (ADR) became a significant tool to secure prompt, cheap and efficient delivery of justice. Lok Adalat occupies a special place amongst the various ADR in India by rendering a unique recognition, informal recognition, and by focusing on a consensual settlement.
Article 39A was incorporated in Part IV of Indian Constitution by 42nd Amendment Act 1976 which provides that the State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. The Lok Adalats were envisioned as an avenue for resolving conflicts through conciliation and compromise, thereby avoiding the lengthy and disruptive nature of litigation. It operates according to the Gandhian principles of amicable resolution of conflicts between parties. Lok Adalats are legally established in the statute, the Legal Services Authorities Act, 1987, which puts Lok Adalats in the permanent framework of legal dispute settlement.
Lok Adalat Award is conclusive for all the parties to the dispute and is enforceable under the very same procedure as a decree of a civil court and no appeal against the same is possible before any court of law. The intent of conferring finality upon the award of Lok Adalats is to facilitate quick disposal of disputes and minimize unnecessary litigation. This legal status makes Lok Adalats different from that of the normal conciliatory and makes Lok Adalats more credible in the justice delivery system.
