39.Tribunals and Lok Adalat

Question 1

What is the purpose of a tribunal?

Answer 1

The purpose of a tribunal is to provide speedy, inexpensive, and decentralized dispute resolution in various matters such as administrative or tax-related disputes.

Question 2

What is the origin of the term “tribunal”?

Answer 2

The term “tribunal” is derived from the word “Tribunes,” which means “Magistrates of the Classical Roman Republic.”

Question 3

What is Article 323A about?

Answer 3

Article 323A refers to tribunals that are quasi-judicial institutions for the resolution of specific administrative disputes.

Question 4

What are the functions of tribunals?

Answer 4

The functions of tribunals include adjudicating disputes, determining rights between contesting parties, making administrative decisions, and reviewing existing administrative decisions.

Question 5

How are tribunals defined?

Answer 5

A tribunal is generally defined as any person or institution with the authority to judge, adjudicate, or determine claims or disputes, regardless of whether it is called a tribunal in its title.

Question 6

What are the objectives of tribunals?

Answer 6

The objectives of tribunals are to reduce the pendency of cases in various courts, reduce the workload of courts, expedite decisions, and provide a forum manned by lawyers and experts in the relevant areas.

Question 7

What role do tribunals play in the justice mechanism?

Answer 7

Tribunals play an important and specialized role in the justice mechanism by hearing disputes related to the environment, armed forces, tax, and administrative issues.

Question 8

When were tribunals incorporated into the Indian Constitution?

Answer 8

Tribunals were incorporated into the Indian Constitution by the 42nd Amendment Act in 1976.

Question 9

Which article of the Indian Constitution deals with Administrative Tribunals?

Answer 9

Article 323-A deals with Administrative Tribunals.

Question 10

Which article of the Indian Constitution deals with Tribunals for other matters?

Answer 10

Article 323-B deals with Tribunals for other matters.

Question 11

What are the matters for which tribunals can be established under Article 323-B?

Answer 11

Tribunals can be established under Article 323-B for disputes relating to taxation, foreign exchange, import and export, industrial and labor issues, land reforms, ceiling on urban property, elections to Parliament and state legislatures, food stuff, and rent and tenancy rights.

Question 12

How do Articles 323 A and 323 B differ in terms of the establishment of tribunals?

Answer 12

Under Article 323 A, tribunals for public service matters can be established only by Parliament, while under Article 323 B, tribunals for certain other matters can be established by both Parliament and state legislatures within their legislative competence.

Question 13

Is there a difference in the number and hierarchy of tribunals under Articles 323 A and 323 B?

Answer 13

Yes, under Article 323 A, only one tribunal for the Centre and one for each state or two or more states may be established, and there is no hierarchy of tribunals. Under Article 323 B, a hierarchy of tribunals may be created.

Question 14

What are the three aspects in which Articles 323 A and 323 B differ?

Answer 14

The three aspects in which Articles 323 A and 323 B differ are the scope of matters for which tribunals can be established, the authority to establish tribunals (Parliament or Parliament and state legislatures), and the possibility of creating a hierarchy of tribunals under Article 323 B.

Question 15

What is the nature of an Administrative Tribunal?

Answer 15

An Administrative Tribunal performs quasi-judicial functions and is vested with the judicial power of the State.

Question 16

How is an Administrative Tribunal created?

Answer 16

An Administrative Tribunal is created through a statute.

Question 17

What principles does an Administrative Tribunal follow?

Answer 17

An Administrative Tribunal follows the principles of natural justice, including acting openly, fairly, and impartially.

Question 18

Does an Administrative Tribunal have to adhere to strict rules of procedure and evidence?

Answer 18

No, an Administrative Tribunal is not bound by the strict rules of procedure and evidence prescribed by the civil procedure court.

Question 19

What type of functions does an Administrative Tribunal perform?

Answer 19

An Administrative Tribunal performs quasi-judicial functions, distinct from pure administrative functions.

Question 20

In what manner is an Administrative Tribunal required to act?

Answer 20

An Administrative Tribunal is required to act judicially, following the principles of natural justice.

Question 21

What are the key characteristics of an Administrative Tribunal?

Answer 21

An Administrative Tribunal is created by statute, performs quasi-judicial functions, acts judicially, follows natural justice principles, and is not bound by strict civil procedure court rules.

Question 22

What is the judicial power vested in an Administrative Tribunal?

Answer 22

An Administrative Tribunal is vested with the judicial power of the State.

Question 23

How should an Administrative Tribunal conduct its proceedings?

Answer 23

An Administrative Tribunal should conduct its proceedings openly, fairly, and impartially.

Question 24

What is the difference between administrative and quasi-judicial functions?

Answer 24

Administrative functions are different from quasi-judicial functions, and an Administrative Tribunal performs the latter.

Question 25

What is the relationship between an Administrative Tribunal and the civil procedure court?

Answer 25

An Administrative Tribunal is not bound by the strict rules of procedure and evidence prescribed by the civil procedure court.

Question 26

What type of power does an Administrative Tribunal exercise?

Answer 26

An Administrative Tribunal exercises judicial power, as it performs quasi-judicial functions.

Question 27

What is the primary duty of an Administrative Tribunal?

Answer 27

The primary duty of an Administrative Tribunal is to act judicially and follow the principles of natural justice.

Question 28

How does an Administrative Tribunal ensure fairness in its actions?

Answer 28

An Administrative Tribunal ensures fairness by acting openly, fairly, and impartially.

Question 29

What rules does an Administrative Tribunal have to adhere to?

Answer 29

An Administrative Tribunal is bound to act judicially and follow the principles of natural justice but is not bound by strict civil procedure court rules.

Question 30

When was the Central Administrative Tribunal (CAT) established?

Answer 30

The Central Administrative Tribunal (CAT) was established in 1985.

Question 31

What legislation established the Central Administrative Tribunal (CAT)?

Answer 31

The Central Administrative Tribunal (CAT) was established through the Administrative Tribunals Act.

Question 32

Who are the members of the Central Administrative Tribunal (CAT) drawn from?

Answer 32

The members of the Central Administrative Tribunal (CAT) are drawn from judicial and administrative streams.

Question 33

Who chairs the select committee responsible for the appointment of Central Administrative Tribunal (CAT) members?

Answer 33

The select committee responsible for the appointment of Central Administrative Tribunal (CAT) members is chaired by a sitting Judge of the Supreme Court.

Question 34

Who appoints the members of the Central Administrative Tribunal (CAT)?

Answer 34

The members of the Central Administrative Tribunal (CAT) are appointed by the President.

Question 35

What is the tenure of the Chairman of the Central Administrative Tribunal (CAT)?

Answer 35

The Chairman of the Central Administrative Tribunal (CAT) has a tenure of 5 years or until the age of 65.

Question 36

What is the tenure of the Members of the Central Administrative Tribunal (CAT)?

Answer 36

The Members of the Central Administrative Tribunal (CAT) have a tenure of 5 years or until the age of 62.

Question 37

What jurisdiction does the Central Administrative Tribunal (CAT) have?

Answer 37

The Central Administrative Tribunal (CAT) has original jurisdiction in relation to recruitment and all service matters of public servants covered by it.

Question 38

Which individuals or groups are excluded from the jurisdiction of the Central Administrative Tribunal (CAT)?

Answer 38

The Central Administrative Tribunal (CAT) excludes members of the Defence Forces, officers and servants of the Supreme Court, and secretarial staff of the Parliament.

Question 39

What principle does the Central Administrative Tribunal (CAT) follow?

Answer 39

The Central Administrative Tribunal (CAT) follows the Principle of Natural Justice (PNJ).

Question 40

How does the appeals process work for decisions made by the Central Administrative Tribunal (CAT)?

Answer 40

Appeals against the orders of the Central Administrative Tribunal (CAT) can be made only in the High Courts and not in the Supreme Court, as established in the L Chandra Kumar Case of 1997.

Question 41

What is the purpose of the Central Administrative Tribunal (CAT)?

Answer 41

The Central Administrative Tribunal (CAT) adjudicates matters related to employment under the central government.

Question 42

Is there a separate tribunal for matters related to employment under state governments?

Answer 42

Yes, the State Administrative Tribunal (SAT) is established for adjudicating matters related to employment under state governments.

Question 43

What is the jurisdiction of the State Administrative Tribunal (SAT)?

Answer 43

The State Administrative Tribunal (SAT) has jurisdiction over employment matters under state governments.

Question 44

What is the appellate authority for decisions made by the Central Administrative Tribunal (CAT)?

Answer 44

The appellate authority for decisions made by the Central Administrative Tribunal (CAT) is the High Courts.

Question 45

Who has the authority to establish tribunals under Article 323B?

Answer 45

Both Parliament and State Legislatures have the authority to establish tribunals under Article 323B.

Question 46

Can a hierarchy of tribunals be created under Article 323B?

Answer 46

Yes, a hierarchy of tribunals may be created under Article 323B.

Question 47

What are some of the matters for which tribunals can be established under Article 323B?

Answer 47

Some of the matters for which tribunals can be established under Article 323B include taxation, foreign exchange, import and export, industrial and labor disputes, land reform, ceiling on urban property, elections to Parliament and State legislatures, food stuffs, and rent and tenancy rights.

Question 48

What are the four similarities between Article 323A and Article 323B?

Answer 48

The four similarities between Article 323A and Article 323B are:

1.Power to establish the tribunal.
2.Power to empower the tribunal.
3.Procedure to be followed in the tribunal.
4.Exclusion of jurisdiction by the legislature.

Question 49

What did the Supreme Court rule in the L Chandra Kumar Case (1997)?

Answer 49

In the L Chandra Kumar Case, the Supreme Court ruled that the fourth provision excluding the jurisdiction of High Courts and the Supreme Court is unconstitutional.

Question 50

What were the grounds on which the Supreme Court held the fourth provision of the L Chandra Kumar Case to be unconstitutional?

Answer 50

The grounds on which the Supreme Court held the fourth provision of the L Chandra Kumar Case to be unconstitutional were:

1.Article 32 and Article 226 are part of the basic structure of the constitution and cannot be excluded.
2.The legislature did not create an equally effective substitute for the High Courts and the Supreme Court when excluding their jurisdiction.
3.Tribunals were meant to have a supplementary role, and appeals should be allowed before the High Courts and the Supreme Court.
4.The L Chandra Kumar case defeated the purpose for which tribunals were created, and a review of this judgment was recommended by the Law Commission’s 215th report.

Question 51

What is tribunalization?

Answer 51

Tribunalization refers to the transfer of cases from traditional courts to specialized courts.

Question 52

What are the advantages of tribunalization?

Answer 52

The advantages of tribunalization are:

1.Speedy, cost-affordable, and user-friendly justice systems.
2.Contrast to civil courts based on the Indian Evidence Act, which can be time-consuming.
3.Helps cope with “Docket Explosion” and indicates trust in the judiciary system.
3.Provides a high standard of adjudication.
4.Well-suited for social welfare legislation involving numerous small claims.

Question 53

What are the disadvantages of tribunals?

Answer 53

The disadvantages of tribunals are:

1.Lack of independence as they are under the control of the sponsoring department or ministry.
2.Sometimes tribunals function without technical members, which can affect their efficiency.
3.Instances where tribunals have operated without a technical member have been objected to, such as in the case of the Securities Appellate Tribunal (SAT) by SEBI.

Question 54

What issues were raised in the L Chandra Kumar (1995) and Sampath Kumar judgments?

Answer 54

The issues raised in these judgments were whether the power conferred upon the Parliament and State Legislature to exclude the jurisdiction of all courts, except the Supreme Court, is constitutional under Article 323A (2)(d) and Article 323B (3)(d) of the Indian Constitution.

Question 55

What are the benefits of tribunalization?

Answer 55

The benefits of tribunalization include providing speedy, affordable, and user-friendly justice systems, addressing docket explosion, maintaining a high standard of adjudication, and being well-suited for social welfare legislation.

Question 56

Why have tribunals not performed well according to the given text?

Answer 56

Tribunals have not performed well due to their lack of independence, as they are controlled by the sponsoring department or ministry. Additionally, some tribunals may function without technical members, affecting their effectiveness.

Question 57

Give an example of a tribunal functioning without a technical member and the objection raised.

Answer 57

The example mentioned is the Securities Appellate Tribunal (SAT) hearing matters in the absence of a technical member, which was objected to by SEBI (Securities and Exchange Board of India).

Question 58

What are some of the guidelines laid down by the Supreme Court for tribunal reforms?

Answer 58

Some of the guidelines laid down by the Supreme Court for tribunal reforms are:

1.Establishment of a single nodal ministry to administer all tribunals.
2.Creation of an independent supervisory body to handle administrative requirements of tribunals.
3.Clear allocation of funds and appointment procedures.
4.Recommendation for the creation of a National Tribunal Commission (NTC) to ensure uniform administration across all tribunals.

Question 59

What is the purpose of the National Tribunal Commission (NTC)?

Answer 59

The National Tribunal Commission (NTC) aims to support uniform administration across all tribunals and separate administrative and judicial functions carried out by various tribunals.

Question 60

What is one of the problems affecting the efficacy of tribunals?

Answer 60

One of the problems affecting the efficacy of tribunals is the large number of vacancies that remain unfilled for extended periods.

Question 61

What recommendation does the Law Commission make regarding vacancies in tribunals?

Answer 61

The Law Commission recommends that the procedure for filling up vacancies in tribunals should start six months before the seats become vacant.

Question 62

What is the potential consequence of not implementing reforms in the tribunal system?

Answer 62

Without reforms, tribunals may become bureaucratic boards, and tribunalization could lead to the “trivialization of the justice system” in India.

Question 63

What changes were initiated with the Finance Bill of 2017 and the Finance Act, 2017?

Answer 63

The Finance Bill of 2017 and the Finance Act, 2017 empowered the central government to notify rules regarding the qualifications of tribunal members, terms and conditions of their service, and the composition of search-cum-selection committees for specific tribunals.

Question 64

Who formulated the Rules under Section 184 of the Finance Act, 2017?

Answer 64

The Rules were formulated by the Central Government under Section 184 of the Finance Act, 2017.

Question 65

How did the Supreme Court respond to the Rules framed by the government?

Answer 65

The Supreme Court struck down the Rules framed by the government in their entirety.

Question 66

What directive did the Supreme Court give to the central government regarding the Rules?

Answer 66

The Supreme Court directed the central government to re-formulate the Rules within six months, strictly in conformity with the principles delineated by the Court.

Question 67

What conditions should the new set of Rules formulated by the central government ensure?

Answer 67

The new set of Rules should ensure non-discriminatory and uniform conditions of service, including assured tenure. It should also establish two separate and distinct homogeneous classes for Chairperson and Members, including those appointed after retirement and those from other specialized professions/services.

Question 68

What is the name of the bill introduced by the government in response to the Supreme Court’s directives?

Answer 68

The government introduced The Tribunals Reforms (Rationalisation and Conditions of Service) Bill, 2021.

Question 69

What provisions does the Tribunals Reforms (Rationalisation and Conditions of Service) Bill, 2021 include?

Answer 69

The bill includes provisions related to the composition of search-cum-selection committees and the term of office of members, amending the 2017 Act.

Question 70

How are the Chairperson and Members of the Tribunals appointed?

Answer 70

The Chairperson and Members of the Tribunals are appointed by the central government on the recommendation of a Search-cum-Selection Committee.

Question 71

Who constitutes the Search-cum-Selection Committee for the appointment of Chairperson and Members?

Answer 71

The Search-cum-Selection Committee consists of the Chief Justice of India or a nominated Supreme Court Judge as the Chairperson, two Secretaries nominated by the central government, the sitting or outgoing Chairperson or a retired Supreme Court Judge or a retired Chief Justice of a High Court, and the Secretary of the Ministry under which the Tribunal is constituted (without voting right).

Question 72

What is the term of office for the Chairperson of the tribunals?

Answer 72

The term of office for the Chairperson of the tribunals is four years or until the attainment of the age of seventy years, whichever is earlier.

Question 73

What is the term of office for other members of the tribunals?

Answer 73

The term of office for other members of the tribunals is four years or until the age of sixty-seven years, whichever is earlier.

Question 74

What does the Bill include in terms of tribunals?

Answer 74

The Bill includes bringing the National Consumer Disputes Redressal Commission, established under the Consumer Protection Act, 2019, within the purview of the Finance Act, 2017.

Question 75

Which tribunals are removed from the purview of the Finance Act, 2017 by the Bill?

Answer 75

The tribunals removed from the purview of the Finance Act, 2017 by the Bill are:

1.The Airport Appellate Tribunal established under The Airports Authority of India Act, 1994.
2.The Appellate Board established under the Trade Marks Act, 1999.
3.The Authority of Advance Ruling established under the Income Tax Act, 1961.
4.The Film Certification Appellate Authority established under the Cinematograph Act, 1952.

Question 76

What is the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance 2021 about?

Answer 76

The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance 2021 abolishes several appellate tribunals and authorities and transfers their jurisdiction to other existing judicial bodies.

Question 77

What has been the response to the Ordinance?

Answer 77

The Ordinance has been challenged in the Supreme Court.

Question 78

What is one criticism of the Ordinance?

Answer 78

One criticism is that it bypassed the usual legislative process.

Question 79

Which tribunal was abolished without stakeholder consultation?

Answer 79

The Film Certification Appellate Tribunal was abolished without stakeholder consultation.

Question 80

Was a judicial impact assessment conducted before abolishing the tribunals?

Answer 80

No, a judicial impact assessment was not conducted.

Question 81

Which court directed the conduct of a judicial impact assessment?

Answer 81

The Supreme Court directed the conduct of a judicial impact assessment in the case of Rojer Mathew v. South Indian Bank (2019).

Question 82

Were the suggestions made in the case of Madras Bar Association v. Union of India (2020) incorporated in the Ordinance?

Answer 82

The suggestions made in the case of Madras Bar Association v. Union of India (2020) regarding the composition of a search-cum-selection committee and its role in disciplinary proceedings were incorporated in the Ordinance.

Question 83

What is the fixed tenure for Chairpersons and members of the tribunals?

Answer 83

The Ordinance fixed a four-year tenure for Chairpersons and members of the tribunals, disregarding the court’s direction for fixing a five-year term.

Question 84

Is there an oversight mechanism for the functioning of tribunals?

Answer 84

No, there is currently no oversight mechanism in place. The Centre is yet to constitute a National Tribunals Commission (NTC) to supervise the functioning of tribunals.

Question 85

What are the responsibilities of the National Tribunals Commission (NTC)?

Answer 85

The National Tribunals Commission (NTC) would be responsible for the appointment of and disciplinary proceedings against members of the tribunals, as well as taking care of their administrative and infrastructural needs.

Question 86

What is one concern regarding the composition of the tribunals?

Answer 86

One concern is that the tribunals have both administrative and judicial members, which goes against the separation of powers.

Question 87

What is the conflict of interest concern related to tribunal appointments?

Answer 87

The concern is that appointments to the tribunals are made by the executive, which is also the largest litigant in the country, creating a conflict of interest.

Question 88

Why is there a lack of autonomy for the tribunals?

Answer 88

The tribunals operate under parent administrative ministries, which means they depend on these ministries for facilities, infrastructure, and rule-making, leading to a lack of autonomy.

Question 89

What is a criticism regarding the transparency of the tribunals?

Answer 89

There is a lack of information available on the functioning of the tribunals, and their websites are often non-existent, unresponsive, or not updated.

Question 90

How has the authority of high courts been undermined by the tribunals?

Answer 90

The tribunals have largely replaced high courts for disputes under various acts. Appeals against appellate tribunals go directly to the Supreme Court, bypassing the high courts.

Question 91

What is the average pendency in the tribunals compared to high courts?

Answer 91

The average pendency in the tribunals is 3.8 years, while in high courts, it is 4.3 years.

Question 92

What is the concern regarding overlapping jurisdiction in the tribunals?

Answer 92

The tribunals function under various overlapping ministries and departments, leading to confusion about their management. There are also multiple tribunals performing similar functions.

Question 93

How do vacancies affect the purpose of creating specialized quasi-judicial forums?

Answer 93

The high number of vacancies in the tribunals defeats the purpose of creating these specialized forums, and it reduces the Supreme Court to merely a court of appeal.

Question 94

What is a criticism regarding the accessibility of the tribunals?

Answer 94

Most of the tribunals are located in only one city, unlike high courts, and they also lack the infrastructure for efficient functioning.

Question 95

What is an example of delayed awards in a tribunal case?

Answer 95

The Cauvery Interstate water dispute tribunal, established in 1990, took 17 years to pronounce its judgment in 2007. This delay undermines the purpose of the tribunal as a quick dispute resolution mechanism.

Question 96

What is one advantage of tribunals in terms of flexibility?

Answer 96

Tribunals are not restrained by rigid rules under the Civil Procedure Code and the Indian Evidence Act. They follow the principles of Natural Justice.

Question 97

How do tribunals compare to traditional courts in terms of expense?

Answer 97

Tribunals are less expensive as they provide a less formal and faster way to resolve disputes compared to traditional courts.

Question 98

What is an advantage of tribunals in terms of technical expertise?

Answer 98

Tribunals have provisions to appoint expert members who play a critical role in adjudicating matters that require technical expertise.

Question 99

Are the decisions made by tribunals legally binding?

Answer 99

Yes, tribunals have the same powers as civil courts, such as issuing summons and allowing witnesses to give evidence. Their decisions are legally binding on the parties, subject to appeal.

Question 100

How do tribunals relieve the burden on ordinary courts?

Answer 100

Tribunals provide relief to overburdened ordinary courts of law by handling specific types of cases and disputes.

Question 101

What is the role of the Law Commission regarding tribunals?

Answer 101

The Law Commission works on improving the working of the tribunal system and suggesting procedural changes.

Question 102

What qualification should judges transferring from high courts to tribunals have?

Answer 102

Judges transferring from high courts to tribunals should have the qualifications to be a high court judge.

Question 103

What is the recommendation for the appointment process of tribunal members?

Answer 103

A nodal agency under the law ministry should ensure uniformity in the appointment, tenure, and service conditions of all members appointed in the tribunals.

Question 104

How should vacancies in tribunals be addressed?

Answer 104

Vacancies should be filled preferably within six months before their occurrence by initiating the procedure well in time.

Question 105

Can tribunal orders be challenged, and if so, where?

Answer 105

Yes, tribunal orders may be challenged before the Division Bench of the high court having territorial jurisdiction over the tribunal.

Question 106

What is the purpose of the National Legal Services Authority (NALSA)?

Answer 106

The National Legal Services Authority (NALSA) provides free legal services to the weaker sections of society and organizes Lok Adalats for amicable settlement of disputes.

Question 107

Who is the Patron-in-Chief of NALSA?

Answer 107

The Patron-in-Chief of NALSA is Hon’ble Mr. Justice Uday Umesh Lalit, the Chief Justice of India.

Question 108

Who is the Judge from the Supreme Court of India associated with NALSA?

Answer 108

Hon’ble Dr. Justice D. Y. Chandrachud, a Judge from the Supreme Court of India, is associated with NALSA.

Question 109

What is the role of the State Legal Services Authority?

Answer 109

The State Legal Services Authority is constituted in every state to give effect to the policies and directions of NALSA. It provides free legal services to the people and conducts Lok Adalats in the state.

Question 110

Where is the District Legal Services Authority situated?

Answer 110

The District Legal Services Authority is situated in the District Courts Complex in every district.

Question 111

Who chairs the District Legal Services Authority?

Answer 111

The District Judge of the respective district chairs the District Legal Services Authority.

Question 112

Who is appointed as the Secretary of the District Legal Services Authority?

Answer 112

A Civil Judge Cadre Judicial Officer is appointed as the Secretary on a full-time basis.

Question 113

Which act is the basis for the constitution of NALSA?

Answer 113

The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987.

Question 114

What is the purpose of conducting Lok Adalats?

Answer 114

The purpose of conducting Lok Adalats is to facilitate the amicable settlement of disputes.

Question 115

What is the focus of NALSA’s services?

Answer 115

NALSA’s services primarily target the weaker sections of society, providing them with free legal assistance.

Question 116

Who is entitled to legal services under the Legal Services Authorities Act?

Answer 116

Every person who has to file or defend a case is entitled to legal services under the Act if they belong to specific categories, such as Scheduled Castes or Scheduled Tribes, victims of trafficking or begar, women, children, mentally ill or disabled persons, individuals facing circumstances of undeserved want (e.g., mass disaster, ethnic violence), industrial workmen in custody, or individuals with an annual income below a specified threshold.

Question 117

What are the categories of individuals entitled to legal services under the Act?

Answer 117

The categories of individuals entitled to legal services include members of Scheduled Castes or Scheduled Tribes, victims of trafficking or begar, women, children, mentally ill or disabled persons, individuals facing circumstances of undeserved want (e.g., mass disaster, ethnic violence), and industrial workmen in custody.

Question 118

Who is considered an industrial workman under the Act?

Answer 118

An industrial workman refers to an individual in custody, including custody in a protective home as defined in the Immoral Traffic (Prevention) Act, 1956, or a juvenile home as defined in the Juvenile Justice Act, 1986, or a psychiatric hospital or psychiatric nursing home as defined in the Mental Health Act, 1987.

Question 119

What is the income threshold for eligibility for legal services?

Answer 119

If the case is before a court other than the Supreme Court, the annual income threshold is less than rupees nine thousand or such other higher amount as prescribed by the State Government. If the case is before the Supreme Court, the threshold is less than rupees twelve thousand or such other higher amount as prescribed by the Central Government.

Question 120

What are the circumstances of undeserved want mentioned in the Act?

Answer 120

The Act includes circumstances such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake, or industrial disaster as qualifying for legal services.

Question 121

Who falls under the category of mentally ill or otherwise disabled persons?

Answer 121

Individuals who are mentally ill or otherwise disabled are entitled to legal services under the Act.

Question 122

Which article of the Constitution is referred to when mentioning victims of trafficking or begar?

Answer 122

Victims of trafficking in human beings or begar are referred to in Article 23 of the Constitution.

Question 123

What is the purpose of the Legal Services Authorities Act?

Answer 123

The purpose of the Act is to ensure that every person who has to file or defend a case is entitled to legal services, particularly for individuals belonging to specified categories mentioned in the Act.

Question 124

What is the focus of the National Legal Services Authority (NALSA)?

Answer 124

NALSA is committed to delivering prompt and inexpensive justice to the citizens.

Question 125

What is the recent emphasis of NALSA regarding reducing pending cases?

Answer 125

NALSA has decided to lay more emphasis on the contribution of National Lok Adalat in effectively reducing the number of pending cases through Alternative Dispute Mechanisms.

Question 126

How many cases were disposed of in the recent National Lok Adalats?

Answer 126

A total of 1,27,87,329 cases were disposed of in four National Lok Adalats. This included a significant number of pending cases (55,81,117) and pre-litigation cases (72,06,212).

Question 127

What is the purpose of a Lok Adalat?

Answer 127

A Lok Adalat is a forum where disputes or cases pending in the court of law or at the pre-litigation stage are settled or compromised amicably.

Question 128

Under which act do Lok Adalats have statutory status?

Answer 128

Lok Adalats have been given statutory status under the Legal Services Authorities Act, 1987.

Question 129

What is the legal status of the award (decision) made by a Lok Adalat?

Answer 129

The award made by the Lok Adalats is deemed to be a decree of a civil court and is final and binding on all parties.

Question 130

Can parties appeal against the award of a Lok Adalat?

Answer 130

No, there is no provision for an appeal against the award of a Lok Adalat. However, parties are free to initiate litigation by approaching the court of appropriate jurisdiction if they are not satisfied with the award.

Question 131

Is there a court fee payable when filing a matter in a Lok Adalat?

Answer 131

No, there is no court fee payable when filing a matter in a Lok Adalat.

Question 132

What happens to the court fee if a matter is referred to a Lok Adalat and subsequently settled?

Answer 132

If a matter pending in the court of law is referred to the Lok Adalat and settled, the court fee originally paid in the court on the complaint/petition is refunded back to the parties.

Question 133

Can parties initiate litigation after the award of a Lok Adalat?

Answer 133

Yes, parties are free to initiate litigation by approaching the court of appropriate jurisdiction by following the required procedure if they are not satisfied with the award of the Lok Adalat.

Question 134

What are the persons deciding the cases in the Lok Adalats called?

Answer 134

The persons deciding the cases in the Lok Adalats are called the Members of the Lok Adalats.

Question 135

What is the role of the Members of the Lok Adalats?

Answer 135

The Members of the Lok Adalats have the role of statutory conciliators. They persuade the parties to come to a conclusion for settling the dispute outside the court in the Lok Adalat.

Question 136

Can the Members of the Lok Adalats pressurize or coerce parties to compromise or settle cases?

Answer 136

No, the Members of the Lok Adalats should not pressurize or coerce any of the parties to compromise or settle cases either directly or indirectly.

Question 137

How are matters decided in the Lok Adalat?

Answer 137

The Lok Adalat does not decide the matter referred to it at its own instance. It is decided on the basis of the compromise or settlement reached between the parties.

Question 138

How should the Members of the Lok Adalats assist the parties?

Answer 138

The Members of the Lok Adalats should assist the parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute.

Question 139

What types of cases can be referred to a Lok Adalat?

Answer 139

Any case pending before any court and any dispute at the pre-litigative stage can be referred to a Lok Adalat. However, matters relating to offenses not compoundable under the law cannot be settled in a Lok Adalat.

Question 140

Who can refer a matter to a Lok Adalat at the pre-litigation stage?

Answer 140

The State Legal Services Authority or District Legal Services Authority, upon receiving an application from any one of the parties at the pre-litigation stage, may refer the matter to the Lok Adalat for amicable settlement of the dispute. Notice would then be issued to the other party.