Lok Adalat and its Objectives
Table of Contents
1.
Lok Adalat
2.
Objectives of Lok Adalat
3.
Relevant Articles and Case Laws
4.
MCQs for UPSC Exam
Lok Adalat
Lok Adalat, also known as the
"people's court," is a legal institution in India governed by the
Supreme Court. Established in 1987, Lok Adalats are based on Gandhian
principles of reconciliation and negotiation. The primary goal of Lok Adalats is
to provide an alternative dispute resolution mechanism to resolve cases that
have been pending in courts for a long time. The first Lok Adalat was held in
Gujarat in 1982.
Key Points:
- Lok
Adalat provides a platform for resolving disputes amicably.
- Follows
principles of natural justice.
- Cases
resolved in Lok Adalat have the same legal status as a civil court decree.
Relevant Articles:
- Article 39A: Provides for free legal aid and ensures that
opportunities for securing justice are not denied to any citizen by reason
of economic or other disabilities.
- Article 14: Equality
before the law.
- Article 21: Protection of life and personal liberty.
Statutory Provisions:
- Legal Services Authorities Act, 1987: The statutory basis for Lok
Adalats. It mandates the establishment of Lok Adalats and provides for the
functioning and powers of Lok Adalats.
Landmark SC Judgements:
- State of Punjab v. Jalour Singh (2008): Affirmed that an award of the
Lok Adalat is final and binding on the parties and not appealable.
Objectives of Lok Adalat
The primary objectives of Lok Adalats
are:
1.
To provide an alternative to the mainstream
judicial system:
·
Lok Adalats serve as an alternative dispute resolution
mechanism.
·
They reduce the burden on the formal judicial system.
2.
To pace up the legal process and provide
fast justice to the needy:
·
Ensures quicker resolution of disputes.
·
Helps in reducing the backlog of cases
3.
To reach a fair solution or compromise
between the parties:
·
Promotes reconciliation and negotiation.
·
Helps in reaching amicable settlements.
Key Points:
- Lok
Adalats are less formal and less expensive.
- They
promote social harmony by resolving disputes amicably.
- Awards
passed by Lok Adalats are enforceable like any court decree.
Relevant Articles and Case Laws
Relevant Articles:
- Article 39A: Provides for equal justice and free legal aid.
- Article 14: Equality
before the law.
- Article 21: Protection
of life and personal liberty.
Case Laws:
1.
State of Punjab v. Jalour Singh (2008): Lok Adalat awards are final and
binding.
2.
P. Ramachandra Rao v. State of Karnataka
(2002): Reinforced the importance of speedy
trial and the role of Lok Adalats in achieving this goal.
3.
B.P. Moideen Sevamandir v. A.M. Kutty Hassan
(2009): Highlighted
that Lok Adalat decisions are akin to decrees and hence enforceable.
MCQs for UPSC Exam
Question 1:
The primary objective of Lok Adalat
is:
1.
To increase the number of pending cases in courts.
2.
To provide an alternative dispute resolution
mechanism.
3.
To make legal proceedings more complex.
4.
To remove the judiciary system.
Answer: 2. To provide an alternative dispute
resolution mechanism.
Explanation: Lok Adalats aim to resolve disputes
amicably outside the formal court system.
Question 2:
Which article of the Indian
Constitution provides for free legal aid to ensure that opportunities for
securing justice are not denied to any citizen by reason of economic or other
disabilities?
1.
Article 14
2.
Article 21
3.
Article 32
4.
Article 39A
Answer: 4. Article 39A
Explanation: Article 39A mandates free legal aid
to ensure justice for all citizens.
Question 3:
Which of the following Acts provides
the statutory basis for the establishment of Lok Adalats in India?
1.
Legal Services Authorities Act, 1987
2.
Arbitration and Conciliation Act, 1996
3.
Indian Penal Code, 1860
4.
Civil Procedure Code, 1908
Answer: 1. Legal Services Authorities Act,
1987
Explanation: The Legal Services Authorities Act,
1987 provides for the establishment and functioning of Lok Adalats.
Question 4:
Who is the head of Lok Adalat?
1.
Chief Justice of India
2.
Governor of the State
3.
Chairman of the District Legal Services Authority
4.
President of India
Answer: 3. Chairman of the District Legal
Services Authority
Explanation: Lok Adalats are headed by the
Chairman of the District Legal Services Authority.
Question 5:
The first Lok Adalat was held in
which state of India?
1.
Maharashtra
2.
Gujarat
3.
Karnataka
4.
Tamil Nadu
Answer: 2. Gujarat
Explanation: The first Lok Adalat was held in
Gujarat in 1982.
Question 6:
Which article of the Indian
Constitution guarantees equality before the law?
1.
Article 14
2.
Article 19
3.
Article 21
4.
Article 32
Answer: 1. Article 14
Explanation: Article 14 of the Indian
Constitution guarantees equality before the law.
Question 7:
Which type of cases can be referred
to Lok Adalat?
1.
Criminal cases
2.
Civil cases
3.
Revenue cases
4.
All of the above
Answer: 4. All of the above
Explanation: Lok Adalats can handle a variety of
cases including civil, criminal, and revenue cases.
Question 8:
Which landmark Supreme Court case
affirmed that Lok Adalat awards are final and binding?
1.
Golaknath v. State of Punjab
2.
Keshavananda Bharati v. State of Kerala
3.
State of Punjab v. Jalour Singh
4.
Indira Gandhi v. Raj Narain
Answer: 3. State of Punjab v. Jalour Singh
Explanation: The Supreme Court in State of Punjab
v. Jalour Singh affirmed the finality and binding nature of Lok Adalat awards.
Question 9:
What is the primary principle
followed by Lok Adalats?
1.
Adversarial litigation
2.
Gandhian principle of reconciliation
3.
Strict procedural norms
4.
Punitive justice
Answer: 2. Gandhian principle of
reconciliation
Explanation: Lok Adalats follow the Gandhian
principle of reconciliation and negotiation.
Question 10:
Which of the following is not an
objective of Lok Adalat?
1.
To provide an alternative to the mainstream judicial
system
2.
To delay the legal process
3.
To reach a fair solution or compromise between the
parties
4.
To provide fast justice to the needy
Answer: 2. To delay the legal process
Explanation: Lok Adalats aim to expedite the
legal process, not delay it.
By following this structured format
and understanding the relevant constitutional articles, case laws, and
objectives, UPSC aspirants can effectively prepare for questions related to Lok
Adalats in their exams.
Represent in Structured format and add relevant articles of constitution alsong with landmark SC Judgements of the relevant provisions , also refer relevant statutory law made along with provision.At the end make a list of relevant articles and caselaws.