39.Tribunals and Lok Adalat Flashcards
1
Q
What is the purpose of a tribunal?
A
The purpose of a tribunal is to provide speedy, inexpensive, and decentralized dispute resolution in various matters such as administrative or tax-related disputes.
2
Q
What is the origin of the term “tribunal”?
A
The term “tribunal” is derived from the word “Tribunes,” which means “Magistrates of the Classical Roman Republic.”
3
Q
What is Article 323A about?
A
Article 323A refers to tribunals that are quasi-judicial institutions for the resolution of specific administrative disputes.
4
Q
What are the functions of tribunals?
A
The functions of tribunals include adjudicating disputes, determining rights between contesting parties, making administrative decisions, and reviewing existing administrative decisions.
5
Q
How are tribunals defined?
A
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.
6
Q
What are the objectives of tribunals?
A
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.
7
Q
What role do tribunals play in the justice mechanism?
A
Tribunals play an important and specialized role in the justice mechanism by hearing disputes related to the environment, armed forces, tax, and administrative issues.
8
Q
When were tribunals incorporated into the Indian Constitution?
A
Tribunals were incorporated into the Indian Constitution by the 42nd Amendment Act in 1976.
9
Q
Which article of the Indian Constitution deals with Administrative Tribunals?
A
Article 323-A deals with Administrative Tribunals.
10
Q
Which article of the Indian Constitution deals with Tribunals for other matters?
A
Article 323-B deals with Tribunals for other matters.
11
Q
What are the matters for which tribunals can be established under Article 323-B?
A
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.
12
Q
How do Articles 323 A and 323 B differ in terms of the establishment of tribunals?
A
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.
13
Q
Is there a difference in the number and hierarchy of tribunals under Articles 323 A and 323 B?
A
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.
14
Q
What are the three aspects in which Articles 323 A and 323 B differ?
A
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.
15
Q
What is the nature of an Administrative Tribunal?
A
An Administrative Tribunal performs quasi-judicial functions and is vested with the judicial power of the State.
16
Q
How is an Administrative Tribunal created?
A
An Administrative Tribunal is created through a statute.
17
Q
What principles does an Administrative Tribunal follow?
A
An Administrative Tribunal follows the principles of natural justice, including acting openly, fairly, and impartially.
18
Q
Does an Administrative Tribunal have to adhere to strict rules of procedure and evidence?
A
No, an Administrative Tribunal is not bound by the strict rules of procedure and evidence prescribed by the civil procedure court.
19
Q
What type of functions does an Administrative Tribunal perform?
A
An Administrative Tribunal performs quasi-judicial functions, distinct from pure administrative functions.
20
Q
In what manner is an Administrative Tribunal required to act?
A
An Administrative Tribunal is required to act judicially, following the principles of natural justice.
21
Q
What are the key characteristics of an Administrative Tribunal?
A
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.
22
Q
What is the judicial power vested in an Administrative Tribunal?
A
An Administrative Tribunal is vested with the judicial power of the State.
23
Q
How should an Administrative Tribunal conduct its proceedings?
A
An Administrative Tribunal should conduct its proceedings openly, fairly, and impartially.
24
Q
What is the difference between administrative and quasi-judicial functions?
A
Administrative functions are different from quasi-judicial functions, and an Administrative Tribunal performs the latter.
25
What is the relationship between an Administrative Tribunal and the civil procedure court?
An Administrative Tribunal is not bound by the strict rules of procedure and evidence prescribed by the civil procedure court.
26
What type of power does an Administrative Tribunal exercise?
An Administrative Tribunal exercises judicial power, as it performs quasi-judicial functions.
27
What is the primary duty of an Administrative Tribunal?
The primary duty of an Administrative Tribunal is to act judicially and follow the principles of natural justice.
28
How does an Administrative Tribunal ensure fairness in its actions?
An Administrative Tribunal ensures fairness by acting openly, fairly, and impartially.
29
What rules does an Administrative Tribunal have to adhere to?
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.
30
When was the Central Administrative Tribunal (CAT) established?
The Central Administrative Tribunal (CAT) was established in 1985.
31
What legislation established the Central Administrative Tribunal (CAT)?
The Central Administrative Tribunal (CAT) was established through the Administrative Tribunals Act.
32
Who are the members of the Central Administrative Tribunal (CAT) drawn from?
The members of the Central Administrative Tribunal (CAT) are drawn from judicial and administrative streams.
33
Who chairs the select committee responsible for the appointment of Central Administrative Tribunal (CAT) members?
The select committee responsible for the appointment of Central Administrative Tribunal (CAT) members is chaired by a sitting Judge of the Supreme Court.
34
Who appoints the members of the Central Administrative Tribunal (CAT)?
The members of the Central Administrative Tribunal (CAT) are appointed by the President.
35
What is the tenure of the Chairman of the Central Administrative Tribunal (CAT)?
The Chairman of the Central Administrative Tribunal (CAT) has a tenure of 5 years or until the age of 65.
36
What is the tenure of the Members of the Central Administrative Tribunal (CAT)?
The Members of the Central Administrative Tribunal (CAT) have a tenure of 5 years or until the age of 62.
37
What jurisdiction does the Central Administrative Tribunal (CAT) have?
The Central Administrative Tribunal (CAT) has original jurisdiction in relation to recruitment and all service matters of public servants covered by it.
38
Which individuals or groups are excluded from the jurisdiction of the Central Administrative Tribunal (CAT)?
The Central Administrative Tribunal (CAT) excludes members of the Defence Forces, officers and servants of the Supreme Court, and secretarial staff of the Parliament.
39
What principle does the Central Administrative Tribunal (CAT) follow?
The Central Administrative Tribunal (CAT) follows the Principle of Natural Justice (PNJ).
40
How does the appeals process work for decisions made by the Central Administrative Tribunal (CAT)?
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.
41
What is the purpose of the Central Administrative Tribunal (CAT)?
The Central Administrative Tribunal (CAT) adjudicates matters related to employment under the central government.
42
Is there a separate tribunal for matters related to employment under state governments?
Yes, the State Administrative Tribunal (SAT) is established for adjudicating matters related to employment under state governments.
43
What is the jurisdiction of the State Administrative Tribunal (SAT)?
The State Administrative Tribunal (SAT) has jurisdiction over employment matters under state governments.
44
What is the appellate authority for decisions made by the Central Administrative Tribunal (CAT)?
The appellate authority for decisions made by the Central Administrative Tribunal (CAT) is the High Courts.
45
Who has the authority to establish tribunals under Article 323B?
Both Parliament and State Legislatures have the authority to establish tribunals under Article 323B.
46
Can a hierarchy of tribunals be created under Article 323B?
Yes, a hierarchy of tribunals may be created under Article 323B.
47
What are some of the matters for which tribunals can be established under Article 323B?
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.
48
What are the four similarities between Article 323A and Article 323B?
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.
49
What did the Supreme Court rule in the L Chandra Kumar Case (1997)?
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.
50
What were the grounds on which the Supreme Court held the fourth provision of the L Chandra Kumar Case to be unconstitutional?
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.
51
What is tribunalization?
Tribunalization refers to the transfer of cases from traditional courts to specialized courts.
52
What are the advantages of tribunalization?
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.
53
What are the disadvantages of tribunals?
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.
54
What issues were raised in the L Chandra Kumar (1995) and Sampath Kumar judgments?
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.
55
What are the benefits of tribunalization?
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.
56
Why have tribunals not performed well according to the given text?
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.
57
Give an example of a tribunal functioning without a technical member and the objection raised.
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).
58
What are some of the guidelines laid down by the Supreme Court for tribunal reforms?
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.
59
What is the purpose of the National Tribunal Commission (NTC)?
The National Tribunal Commission (NTC) aims to support uniform administration across all tribunals and separate administrative and judicial functions carried out by various tribunals.
60
What is one of the problems affecting the efficacy of tribunals?
One of the problems affecting the efficacy of tribunals is the large number of vacancies that remain unfilled for extended periods.
61
What recommendation does the Law Commission make regarding vacancies in tribunals?
The Law Commission recommends that the procedure for filling up vacancies in tribunals should start six months before the seats become vacant.
62
What is the potential consequence of not implementing reforms in the tribunal system?
Without reforms, tribunals may become bureaucratic boards, and tribunalization could lead to the "trivialization of the justice system" in India.
63
What changes were initiated with the Finance Bill of 2017 and the Finance Act, 2017?
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.
64
Who formulated the Rules under Section 184 of the Finance Act, 2017?
The Rules were formulated by the Central Government under Section 184 of the Finance Act, 2017.
65
How did the Supreme Court respond to the Rules framed by the government?
The Supreme Court struck down the Rules framed by the government in their entirety.
66
What directive did the Supreme Court give to the central government regarding the Rules?
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.
67
What conditions should the new set of Rules formulated by the central government ensure?
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.
68
What is the name of the bill introduced by the government in response to the Supreme Court's directives?
The government introduced The Tribunals Reforms (Rationalisation and Conditions of Service) Bill, 2021.
69
What provisions does the Tribunals Reforms (Rationalisation and Conditions of Service) Bill, 2021 include?
The bill includes provisions related to the composition of search-cum-selection committees and the term of office of members, amending the 2017 Act.
70
How are the Chairperson and Members of the Tribunals appointed?
The Chairperson and Members of the Tribunals are appointed by the central government on the recommendation of a Search-cum-Selection Committee.
71
Who constitutes the Search-cum-Selection Committee for the appointment of Chairperson and Members?
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).
72
What is the term of office for the Chairperson of the tribunals?
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.
73
What is the term of office for other members of the tribunals?
The term of office for other members of the tribunals is four years or until the age of sixty-seven years, whichever is earlier.
74
What does the Bill include in terms of tribunals?
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.
75
Which tribunals are removed from the purview of the Finance Act, 2017 by the Bill?
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.
76
What is the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance 2021 about?
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.
77
What has been the response to the Ordinance?
The Ordinance has been challenged in the Supreme Court.
78
What is one criticism of the Ordinance?
One criticism is that it bypassed the usual legislative process.
79
Which tribunal was abolished without stakeholder consultation?
The Film Certification Appellate Tribunal was abolished without stakeholder consultation.
80
Was a judicial impact assessment conducted before abolishing the tribunals?
No, a judicial impact assessment was not conducted.
81
Which court directed the conduct of a judicial impact assessment?
The Supreme Court directed the conduct of a judicial impact assessment in the case of Rojer Mathew v. South Indian Bank (2019).
82
Were the suggestions made in the case of Madras Bar Association v. Union of India (2020) incorporated in the Ordinance?
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.
83
What is the fixed tenure for Chairpersons and members of the tribunals?
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.
84
Is there an oversight mechanism for the functioning of tribunals?
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.
85
What are the responsibilities of the National Tribunals Commission (NTC)?
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.
86
What is one concern regarding the composition of the tribunals?
One concern is that the tribunals have both administrative and judicial members, which goes against the separation of powers.
87
What is the conflict of interest concern related to tribunal appointments?
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.
88
Why is there a lack of autonomy for the tribunals?
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.
89
What is a criticism regarding the transparency of the tribunals?
There is a lack of information available on the functioning of the tribunals, and their websites are often non-existent, unresponsive, or not updated.
90
How has the authority of high courts been undermined by the tribunals?
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.
91
What is the average pendency in the tribunals compared to high courts?
The average pendency in the tribunals is 3.8 years, while in high courts, it is 4.3 years.
92
What is the concern regarding overlapping jurisdiction in the tribunals?
The tribunals function under various overlapping ministries and departments, leading to confusion about their management. There are also multiple tribunals performing similar functions.
93
How do vacancies affect the purpose of creating specialized quasi-judicial forums?
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.
94
What is a criticism regarding the accessibility of the tribunals?
Most of the tribunals are located in only one city, unlike high courts, and they also lack the infrastructure for efficient functioning.
95
What is an example of delayed awards in a tribunal case?
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.
96
What is one advantage of tribunals in terms of flexibility?
Tribunals are not restrained by rigid rules under the Civil Procedure Code and the Indian Evidence Act. They follow the principles of Natural Justice.
97
How do tribunals compare to traditional courts in terms of expense?
Tribunals are less expensive as they provide a less formal and faster way to resolve disputes compared to traditional courts.
98
What is an advantage of tribunals in terms of technical expertise?
Tribunals have provisions to appoint expert members who play a critical role in adjudicating matters that require technical expertise.
99
Are the decisions made by tribunals legally binding?
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.
100
How do tribunals relieve the burden on ordinary courts?
Tribunals provide relief to overburdened ordinary courts of law by handling specific types of cases and disputes.
101
What is the role of the Law Commission regarding tribunals?
The Law Commission works on improving the working of the tribunal system and suggesting procedural changes.
102
What qualification should judges transferring from high courts to tribunals have?
Judges transferring from high courts to tribunals should have the qualifications to be a high court judge.
103
What is the recommendation for the appointment process of tribunal members?
A nodal agency under the law ministry should ensure uniformity in the appointment, tenure, and service conditions of all members appointed in the tribunals.
104
How should vacancies in tribunals be addressed?
Vacancies should be filled preferably within six months before their occurrence by initiating the procedure well in time.
105
Can tribunal orders be challenged, and if so, where?
Yes, tribunal orders may be challenged before the Division Bench of the high court having territorial jurisdiction over the tribunal.
106
What is the purpose of the National Legal Services Authority (NALSA)?
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.
107
Who is the Patron-in-Chief of NALSA?
The Patron-in-Chief of NALSA is Hon'ble Mr. Justice Uday Umesh Lalit, the Chief Justice of India.
108
Who is the Judge from the Supreme Court of India associated with NALSA?
Hon'ble Dr. Justice D. Y. Chandrachud, a Judge from the Supreme Court of India, is associated with NALSA.
109
What is the role of the State Legal Services Authority?
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.
110
Where is the District Legal Services Authority situated?
The District Legal Services Authority is situated in the District Courts Complex in every district.
111
Who chairs the District Legal Services Authority?
The District Judge of the respective district chairs the District Legal Services Authority.
112
Who is appointed as the Secretary of the District Legal Services Authority?
A Civil Judge Cadre Judicial Officer is appointed as the Secretary on a full-time basis.
113
Which act is the basis for the constitution of NALSA?
The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987.
114
What is the purpose of conducting Lok Adalats?
The purpose of conducting Lok Adalats is to facilitate the amicable settlement of disputes.
115
What is the focus of NALSA's services?
NALSA's services primarily target the weaker sections of society, providing them with free legal assistance.
116
Who is entitled to legal services under the Legal Services Authorities Act?
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.
117
What are the categories of individuals entitled to legal services under the Act?
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.
118
Who is considered an industrial workman under the Act?
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.
119
What is the income threshold for eligibility for legal services?
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.
120
What are the circumstances of undeserved want mentioned in the Act?
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.
121
Who falls under the category of mentally ill or otherwise disabled persons?
Individuals who are mentally ill or otherwise disabled are entitled to legal services under the Act.
122
Which article of the Constitution is referred to when mentioning victims of trafficking or begar?
Victims of trafficking in human beings or begar are referred to in Article 23 of the Constitution.
123
What is the purpose of the Legal Services Authorities Act?
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.
124
What is the focus of the National Legal Services Authority (NALSA)?
NALSA is committed to delivering prompt and inexpensive justice to the citizens.
125
What is the recent emphasis of NALSA regarding reducing pending cases?
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.
126
How many cases were disposed of in the recent National Lok Adalats?
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).
127
What is the purpose of a Lok Adalat?
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.
128
Under which act do Lok Adalats have statutory status?
Lok Adalats have been given statutory status under the Legal Services Authorities Act, 1987.
129
What is the legal status of the award (decision) made by a Lok Adalat?
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.
130
Can parties appeal against the award of a Lok Adalat?
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.
131
Is there a court fee payable when filing a matter in a Lok Adalat?
No, there is no court fee payable when filing a matter in a Lok Adalat.
132
What happens to the court fee if a matter is referred to a Lok Adalat and subsequently settled?
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.
133
Can parties initiate litigation after the award of a Lok Adalat?
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.
134
What are the persons deciding the cases in the Lok Adalats called?
The persons deciding the cases in the Lok Adalats are called the Members of the Lok Adalats.
135
What is the role of the Members of the Lok Adalats?
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.
136
Can the Members of the Lok Adalats pressurize or coerce parties to compromise or settle cases?
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.
137
How are matters decided in the Lok Adalat?
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.
138
How should the Members of the Lok Adalats assist the parties?
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.
139
What types of cases can be referred to a Lok Adalat?
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.
140
Who can refer a matter to a Lok Adalat at the pre-litigation stage?
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.
