Following are some important features of the Lokpal and Lokayuktas Bill, 2011, passed by

Parliament.
** Lokpal at the Centre and Lokayukta at the level of the states.
** Lokpal will consist of a chairperson and a maximum of eight members, of which 50 per cent
shall be judicial members.
** 50 per cent of members of Lokpal shall be from SC/ST/OBCs, minorities and women.
** The selection of chairperson and members of Lokpal shall be through a selection committee
consisting of Prime Minister, Speaker of Lok Sabha, Leader of Opposition in the Lok Sabha,
Chief Justice of India or a sitting Supreme Court judge nominated by CJI, eminent jurist to be
nominated by the President of India on the basis of recommendations of the first four members
of the selection committee.
** Prime Minister has been brought under the purview of the Lokpal.
** Lokpals jurisdiction will cover all categories of public servants.
** All entities receiving donations from foreign source in the context of the Foreign Contribution
Regulation Act (FCRA) in excess of Rs 10 lakh per year are brought under the jurisdiction of
Lokpal.
** Provides adequate protection for honest and upright public servants.
** Lokpal will have power of superintendence and direction over any investigation agency
including CBI for cases referred to them by Lokpal.
** A high powered committee chaired by the Prime Minister will recommend selection of the
Director, CBI.
** Directorate of Prosecution headed by a Director of Prosecution under the overall control of
Director.
** The appointment of the Director of Prosecution, CBI on the recommendation of the Central
Vigilance Commission.
** Transfer of officers of CBI investigating cases referred by Lokpal with the approval of
Lokpal.

** The bill also incorporates provisions for attachment and confiscation of property acquired by
corrupt means, even while prosecution is pending.
** The bill lays down clear time lines for preliminary enquiry and investigation and trial and
towards this end, the bill provides for setting up of special courts.
** A mandate for setting up of the institution of Lokayukta through enactment of a law by the
State Legislature within a period of 365 days from the date of commencement of the Act.

The Lokpal and Lokayukta Act, 2013 seeks to provide for the establishment of Lokpal for the
Union and Lokayukta for States to inquire into allegations of corruption against certain public
functionaries and for related matters. The act extends to whole of India, including Jammu &
Kashmir and is applicable to public servants within and outside India. The act mandates for
creation of Lokpal for Union Lokayukta for state
Composition of Lokpal The institution of Lokpal is a statutory body without any constitutional
backing. Lokpal is a multimember body, made up of one chairperson and maximum of 8
members. Who can become the Chairperson? The person who is to be appointed as the
chairperson of the Lokpal should be either of the following: Either the former Chief Justice of
India Or the former Judge of Supreme Court Or an eminent person with impeccable integrity and
outstanding ability, having special knowledge and expertise of minimum 25 years in the matters
relating to anti-corruption policy, public administration, vigilance, finance including insurance
and banking, law and management.
Who cannot become the chairperson?
The following persons cannot become chairperson of Lokpal: MPs and MLAs Persons convicted
of any offense involving moral turpitude Less than 45 years of age Members of Panchayats or
Municipality A person who was removed or dismissed from the public service A person who
holds any office of trust / profit; if so, he would need to resign from Lokpal A person who is
affiliated to a political party Carries on some business / profession; if so, he would need to quit
some business
Appointment of Chairperson and members
The members are to be appointed by President on the recommendations of a selection
committee. This selection committee is made up of_: Prime MinisterChairperson; Speaker of
Lok Sabha Leader of Opposition in Lok Sabha Chief Justice of India or a Judge nominated by
him / her One eminent juris
Term of Office: The term of office for Lokpal

Chairman and Members is 5 years or till attaining age of 70 years. The salary, allowances and
other conditions of service of chairperson are equivalent to Chief Justice of India and members is
equivalent to Judge of Supreme Court. If the person is already getting the pension (for being a
former judge), the equivalent pension amount will be deducted from the salary. The source of
salary for Lokpal and Members is Consolidated Fund of India. If the chairperson dies in office or
has resigned from the post, President can authorise the senior-most Member to act as the
Chairperson until new chairperson is appointed. If chairperson is not available for certain
functions due to leave, his job will be done by senior most member.
Officials of Lokpal
There are three important officers of Lokpal. They are appointed by Lokpal Chairperson.
Secretary to Lokpal Director of Inquiry Director of Prosecution There is one secretary appointed
by the chairperson from a panel of names sent by central government. The Director of Inquiry
and Director of Prosecution cannot be below the rank of Additional Secretary to the Government
of India. These officials will also be appointed by chairperson.
Inquiry Wing of Lokpal
According to the act, the Lokpal would constitute an Inquiry Wing, which is to be headed by
Director of Inquiry. Its function is to conduct the preliminary inquiry into any offence alleged to
have been committed by a public servant punishable under the Prevention of Corruption Act,
1988.
Prosecution Wing
According to the act, the Lokpal by notification would constitute a Prosecution Wing. This wing
will be headed by the Director of Prosecution for the purpose of prosecution of public servants.
Jurisdiction of Lokpal The following come under the jurisdiction of Lokpal:
Prime Minister of India,
under certain conditions as stipulated in the adjacent box. All ministers of the Union Members
of Parliament except for matters related to article 105 of constitution. (that is anything said or a
vote given by him in Parliament) Group A or Group B officers Group C or Group D
officials Any person who is or has been in-charge (director / manager/ secretary) of anybody /
society set up by central act or any other body financed / controlled by central government. Any
other person involved in act of abetting, bribe giving or bribe taking
Lokpal Benches A Lokpal Bench will be constituted by the Chairperson with two or more
members. Every Lokpal Bench has to have at least half members as judicial members. If bench
consists of Chairperson, it will be headed by him. If the bench does not consist of chairperson, it
will be headed by a judicial member only. The Lokpal benches will sit in New Delhi or any other

places as decided by Lokpal. The benches can be constituted and reconstituted by Chairperson
time to time.
How Lokpal works?
Here is a simple account of how Lokpal works. Lokpal first of all receives a complaint. On
receiving the complaint, it needs to decide if it would proceed further. Once it decides to proceed
further, it would order a preliminary inquiry by either its own Inquiry Wing or other agency such
as Delhi Special Police Establishment (CBI). The Preliminary enquiry has to be done within
ninety (90) days of receiving complaint. It can be increased to further 90 days for reasons
recorded in writing. Thus, preliminary enquiry has to be done in 6 months. The preliminary
inquiry would ascertain if there is prima facie a case to proceed further. Now, here is a loop. If
the complaint is related to Group A to Group D officers, Lokpal would refer the complaint to
CVC. CVC will inquire and do as follows: In case of Group A and B officers, it would make a
report and submit it to Lokpal In case of Group C and D Officers, it would itself proceed as per
CVC act 2003. The Inquiry Wing or CBI can do the search and seizure operations etc. They
would make a report and this report will be taken up by a Lokpal bench of minimum 3 members.
This bench will give an opportunity to the allegedly corrupt officer to be heard of. After this, the
following three alternatives will be there to proceed for: If the officer is guilty, Lokpal will grant
sanction to its Prosecution Wing or CBI to file charge sheet against him. It can also direct
initiation of departmental proceedings. If the officer is found innocent, Lokpal would direct the
closure of report before the Special Court against the public servant and now would proceed
against the complainant for making false complaints.
Powers of Lokpal
The Lokpal has following powers:
It has powers to superintendence over, and to give direction to CBI. If it has referred a case to
CBI, the investigating officer in such case cannot be transferred without approval of Lokpal.
Powers to authorize CBI for search and seizure operations connected to such case. The Inquiry
Wing of the Lokpal has been vested with the powers of a civil court. Lokpal has powers of
confiscation of assets, proceeds, receipts and benefits arisen or procured by means of corruption
in special circumstances Lokpal has powers to recommend transfer or suspension of public
servant connected with allegation of corruption. Lokpal has power to give directions to prevent
destruction of records during preliminary inquiry. Special Courts On the recommendation of the
Lokpal, the Central Government shall constitute Special Courts to hear and decide the cases
arising out of the Prevention of Corruption Act, 1988 or under Lokpal Act. Such courts are
required to finish each trial within a period of one year from the date of filing of the case in the
Court. This one year period may be extended for 3 months by recording in writing. Complaints
against the Lokpal According to section 37 of the act, the Lokpal shall not inquire into any
complaint made against the Chairperson or any Member of its own institution. The chairperson

or member can be removed from his office by President on grounds of misbehaviour after a
Presidential reference to Supreme Court on a petition signed by 100 MPs. However, President
can also remove the chairperson / members under exceptional circumstances such as if they are
adjudged insolvent; or take a paid job or is / are unfit because if infirm mind or body in the
opinion of president. Other Important Notes Lokpal will prepare its budget and forward it to
central government. All charges related to expenses of Chairperson / members/ Director of
Inquiry / Director of Prosecution will be charged on Consolidated Fund of India.
The accounts of Lokpal will be audited by CAG. Each member / officer of Lokpal will need to
declare his assets on taking up Lokpal Offices. Lokpal will prepare an annual report which it
would submit to President who in turn will get the report laid to each House of Parliament.
Lokpal is to function as appellate authority for appeals arising out of any other law for the time
being in force. Public officials have been given immunity against anything which is done in good
faith or intended to be done in the discharge of his official functions or in exercise of his powers.
Chairperson, Members, officers and other employees of the Lokpal are deemed to be public
servants. Lokpal will not entertain any complaint, if the complaint is related to an offense that
dates as back as 7 years or more. Civil Courts have been barred in respect jurisdiction of any
matter under Lokpal.

Lokayukta
Every State shall establish a Lokayukta by an state act, if it has not done so as of now. What is
not there in our Lokpal act? The Lokpal and Lokayuktas Act is perhaps the only legislation in the
history of independent India, which has been so widely discussed, both inside and outside
Parliament and has, thus generated so much awareness in the public mind about the need to have
an effective institution of Lokpal to tackle corruption. However, the act passed hitherto is

verbose, full of negatives and has numerous cross references. Still, here are a few things which
are absent from this law: No protection to whistleblowers: This was one of the main demands in
the Janlokpal Bill. The recently passed act has not at all provisions for whistleblower protection.
We have to have a separate law for that. There is only one section on Lokayukta in the act which
says that within one year, the states shall enact the Lokayukta act. However, there is nothing
regarding their composition, powers etc. In fact, states are free to define how their own
Lokayuktas would be appointed, how they would work and under what circumstances they
would serve. The Lokpal act brings the PM under its jurisdiction, yet the Judiciary has been left.
Judiciary is NOT subject to Lokpal jurisdiction. The provisions of the act have become
anomalous because of Lokpals relations with the CBI. Under the provisions of the act, Lokpal
has been vested with all powers related to only tose cases which it refers to CBI. Instead, there
was a long demand that CBI should be merged with Lokpal. The current provisions are open to
misuse. There are no provisions related to Citizens charter. There are no adequate provisions to
appeal against the Lokpal. Lokpal cannot conduct inquiry against itself. Additional Notes: Prime
Minister under Lokpal According to the Lokpal and Lokayukta Act 2013, the PM comes within
the jurisdiction of Lokpal but Lokpal will not inquire the PM if the allegation of corruption is
related to international relations, external and internal security, public order, atomic energy and
space. Further, allegation against Prime Minister can be taken up for inquiry only when the two
conditions as follows are satisfied: Full bench of the Lokpal consisting of its Chairperson and all
Members considers the initiation of inquiry At least two-thirds of its members approves of such
inquiry Such inquiry against the Prime Minister will be done in camera. If the Lokpal concludes
that the allegation is false and the inquiry should be dismissed, the records of the inquiry shall
not be published or made available to anyone.
Lok Adalat, as the name suggest means Peoples Court. Lok stands for People and
the word Adalat means Court. Lok Adalat is a special kind of peoples court in
which disputes solved by direct talks between the litigants. The members of legal
profession, college students, social organisations, charitable and philanthropic
institutions and other similar organisations may be associated with Lok Adalat.
Salient features of this dispute resolutions are
participation,accomadation,fairness,expectations,voluntariness,neighbourliness,tran
sparency and lack of animosity.Lok Adalat after studying the case, try to solve the
simple differences which otherwise are likely to leave for reaching consequences
through mutual understanding and compromise.
EVOLUTION
Summarily without too much emphasis on legal technicalities. Alternate Dispute
Resolution (ADR), has been an integral part of our historical past.
The concept of Lok Adalat is an innovative Indian contribution to the world
jurisprudence. Lok Adalat means peoples court. India as a long tradition and history
of such methods practiced in the society at grass root level. These are called
Panchayat and legally its called arbitration. In Lok Adalat justice is dispensed
Ancient concept of settlement of dispute through mediation, negotiation or through
arbitral process known as Peoples court verdict or decision of Nyaya-Panch is
conceptualised instutionalised in the philosophy of Lok Adalat. The concept of Lok
Adalat was pushed back into oblivion in last few centuries before independence and
particularly during British regime.

Now this concept has been rejuvenated and became more popular amongst
litigants. Camps of Lok Adalat were initially started in Gujarat in March 1982, and
now it has been extended throughout the country. The evolution of this movement
was a part of the strategy to relieve heavy burden on the Courts with pending cases
and to give relief to the litigants who were in the queue to get justice. And the Legal
Services Authorities Act 1987 gave a statutory status to Lok Adalats pursuant to the
Constitutional mandate in Art. 39-A of the Constitution of India, contains various
provisions for settlements of dispute through Lok Adalat.
LOK ADALAT
The expression Lok Adalat refers to a summary procedure for disposal of cases
pending in various courts through the process of arbitration and settlement
between the parties at the instance of the institution called Lok Adalat. Thus the
expression Lok Adalat can be used in the following two senses:
1. The process by which the cases pending in various courts are settled with the
consent of the parties in a summary way.
2. The institution which take initiative for arriving at a settlement of the case.
By virtue of Sec.19 of the Legal Services Authorities Act, 1987, every state
authority, district authority, Supreme Court Legal Services Committee or High Court
Legal Services Committee or the Thaluk Legal Service Committee may organise Lok
Adalats for settlement of cases pending in courts.
The Lok Adalat is presided over by a sitting or retired judicial officer as a chairman,
with two other members, usually a lawyer and a social worker. There is no Court
Fee. If the case is already filed in the regular court the fee paid will be refunded if
the dispute is settled at the Lok Adalat. The procedural laws, and the Evidence Act
are not strictly followed while assessing the merits of the claim by the Lok Adalat.
Main condition of the Lok Adalat is that both parties in dispute should agree for
settlement. The decision of Lok Adalat is binding on the parties to the disputes and
its order is capable of execution through legal process. No appeal lies against the
order of the Lok Adalat.
WHY LOK ADALAT?
The Constitution of India is the fundamental law of the land. Part IV of the
Constitution deals with Directive Principles of State Policy. By virtue of Art.39-A the
State is under a positive duty to secure that the operation of the legal system
promotes justice on the basis of equal opportunity. The State shall also provide free
legal aid to ensure that opportunities for securing justice are not denied to any
citizen by reason of economic or other disabilities.
By virtue of Article: 21, no person shall be deprived of his life or personal liberty
except according to procedure established by law.
In HUSSAINARA KHATOON v. HOME SECRATERY, STATE OF BIHAR, (AIR 1979 SC
1360), the Supreme Court held that right to speedy trial is a fundamental right
guaranteed under Art: 21 of the Constitution. Justice delayed is justice denied.
Speedy trial was held to be the essence of criminal justice.

In SUK DAS v. UNION TERRITORY OF ARUNACHAL PRADESH (1986 5 SCC 401), the
Supreme Court held that failure to provide free legal aid to an accused at the cost of
the State unless refused by the accused would vitiate the trial. He need not apply
for the same. Free legal aid is at the State cost is a fundamental right of an accused
person under Art.21 of the Constitution.
A combined reading of Art.21 as interpreted by the Supreme Court of India and
Art.39-A of the Constitution establish beyond doubt that speedy trial, free legal aid
and equal opportunities for securing justice are fundamental rights of citizen of
India and a Constitutional mandate which state has to follow in governance of this
country. In order to ensure these rights more effectively, the Parliament enacted the
Legal Services Authorities Act, 1987 to organise Lok Adalat to secure that the
operation of the legal system promotes justice on a basis of equal opportunity.
COMPOSITION
The secretary of the high court legal services committee organising the Lok Adalat
shall constitute benches of the Lok Adalat. Each bench shall comprise of two or
three of the following:1.
2.
3.
4.

a
a
a
a

sitting or retired judge of the high court

serving or retired judicial officer
member of the legal profession
social worker.

The secretary of the district authority organising the Lok Adalat shall constitute
benches of the Lok Adalat. Each bench shall comprise of two or three of the
following:1. a sitting or retired judicial officer
2. a member of the legal profession
3. a social worker
The chairman of the taluk legal services committee organising the Lok Adalat shall
constitute benches of the Lok Adalat. Each bench shall comprise of two or three of
the following:1. a sitting or retired judicial officer
2. a member of the legal profession
3. a social worker
Jurisdiction
Both civil and criminal cases which are pending before the courts can be brought
before the Lok Adalat for settlement and award. However the Lok Adalat shall have
no jurisdiction in respect of any case or matter relating to an offence not
compoundable under any law.
A case pending in a court may be referred to Lok Adalat on an agreement between
parties or on an application made by one of the parties to the court for referring the

case to Lok Adalat for settlement. So also the court can suo moto refer a pending
case to Lok Adalat.
When cases are referred to a Lok Adalat, it shall make sincere efforts to bring about
a conciliatory settlement in every case put before it without bringing about any kind
of coercion, threat or undue influence, allurement of misrepresentation. Every Lok
Adalat shall, while determining any reference before it, act with at most expedition
to arrive at a compromise of settlement between the parties and shall be guided by
the principles of justice, equity, fair play and other legal principles.
Procedure at Lok Adalat
The procedure followed at a Lok Adalat is very simple and shorn of almost all legal
formalism and rituals. The Lok Adalat is presided over by a sitting or retired judicial
officer as the chairman, with two other members, usually a lawyer and a social
worker. It is revealed by experience that in Lok Adalat it is easier to settle money
claims since in most such cases the quantum alone may be in dispute. Thus the
motor accident compensation claim cases are brought before the Lok Adalat and a
number of cases were disposed of in each Lok Adalat. One important condition is
that both parties in dispute should agree for settlement through Lok Adalat and
abide by its decision. A Lok Adalat has the jurisdiction to settle, by way of effecting
compromise between the parties, any matter which may be pending before any
court, as well as matters at pre-litigative stage i.e. disputes which have not yet
been formally instituted in any court of law. Such matters may be civil or criminal in
nature, but any matter relating to an offence not compoundable under any law
cannot be decided by the Lok Adalat even if the parties involved therein agree to
settle the same. Lok Adalat can take cognizance of matters involving not only those
persons who are entitled to avail free legal services but of all other persons also, be
they women, men, or children and even institutions. Anyone, or more of the parties
to a dispute can move an application to the court where their matter may be
pending, or even at pre-litigative stage, for such matter being taken up in the Lok
Adalat bench constituted for the purpose shall attempt to resolve the dispute by
helping the parties to arrive at an amicable solution and once it is successful in
doing so, the award passed by it shall be final which has as much force as a decree
of a civil court obtained after due contest.
Finality of Lok Adalat award:
One issue which raises head often is the finality of the award of the Lok Adalat.
During the Lok Adalat, the parties agree to abide by the decision of the judge at the
Lok Adalat. However, it is often seen that later, the same order is challenged on
several grounds. In one of the recent decisions, the supreme court of India has once
again laid to rest all such doubts. In unequivocal terms, the court has held that
award of the Lok Adalat is as good as the decree of a court. The award of the Lok
Adalat is fictionally deemed to be decrees of court and therefore the courts have all
the powers in relation thereto as it has in relation to a decree passed by itself. This
includes the powers to extend time in appropriate cases. The award passed by the
Lok Adalat is the decision of the court itself though arrived at by the simpler method
of conciliation instead of the process of arguments in court.
Consent of parties: The most important factor to be considered while deciding the
cases at the Lok Adalat is the consent of both the parties. It can not be forced on
any party that the matter has to be decided by the Lok Adalat. However, once the
parties agree that the matter has to be decided by the Lok Adalat, then any party
cannot walk away from the decision of the Lok Adalat. In several instances, the

supreme court has held that if there was no consent the award of the Lok Adalat is
not executable and also if the parties fail to agree to get the dispute resolved
through Lok Adalat, the regular litigation process remains open for all contesting
parties.
The Supreme Court has also held that compromise implies some element of
accommodation on each side; it is not apt to describe it as total surrender.
A compromise is always bilateral and means mutual adjustment. Settlement is
termination of legal proceedings by mutual consent. If no compromise or settlement
is or could be arrived at, no order can be passed by the Lok Adalat.
Powers of Lok Adalat
Lok Adalat has the same powers as those vested in a civil court under the code of
civil procedure, 1908 while trying a suit in respect of the following matters, namelya) the summoning and enforcing the attendance of any witness and examining him
on oath,
b) the discovery and production of any document,
c) the reception of evidence on affidavits,
d) the requisitioning of any public record or document or copy of such record or
document from any court or office and
e) Such other matters as may be prescribed.
Every Lok Adalat shall have the requisite powers to specify its own procedures for
the determination of any dispute coming before it.
CURRENT STATUS
In recent time the concept of Lok Adalat has gained popularity. Prison Lok Adalat,
Provident Fund Lok Adalat, Labour Law Adalat, etc., are organised to settle disputes,
and naturally many may be curious to know that what is Lok Adalat. Lok Adalat
means Peoples court, in contrast to the regular law courts established by the
government. Despite the fact that the judicial system in India is well organised with
high level of integrity, the law courts are confronted with four main problems:
1. The number of courts and judges in all grades are alarmingly inadequate;
2. Increase in flow of cases in recent years due to multifarious Acts enacted by the
Central and State government;
3. The high cost involved in prosecuting or defending a case in a court of law, due to
heavy court fee, lawyers fee and incidental charges and
4. Delay in disposal of cases resulting in huge pendency in all courts.
Some statistics may give us a feeling of tremendous satisfaction and
encouragement. Up to the middle of the year 2004, more than 200,000 Lok Adalats
have been held and therein more than 16 million cases have been settled, half of
which were motor accident claim cases. More than One Billion US dollars were
distributed by way of compensation to those who had suffered accidents. 6.7 million
Persons have benefited through legal aid and advice.
About 90% of the cases filed in the developed countries are settled mutually by
conciliation, mediation etc. and as such, only 10% of the cases are decided by the
Courts there. In our country, which is developing, has unlike the developed
countries, number of Judges disproportionate to the cases filed and, hence, to

alleviate the accumulation of cases, the Lok Adalat is the need of the day.
ADVANTAGES OF LOK ADALAT
The benefits that litigants derive through Lok Adalat are many,
1. There is no court fee and even if the case is already filed in the regular court, the
fee paid will be refunded if the dispute is settled at the Lok Adalat.
2. There is no strict application of the procedural laws and the Evidence Act while
assessing the merits of the claim by the Lok Adalat. The parties to the disputes
though represented by their Advocate can interact with the Lok Adalat judge
directly and explain their stands in the dispute and the reasons therefore, which is
not possible in a regular court of law.
3. Disputes can be brought before the Lok Adalat directly instead of going to a
regular court first and then to the Lok Adalat.
4. The decision of Lok Adalat is binding on the parties to the dispute and its order is
capable of execution through legal process. No appeal lies against the order of the
Lok Adalat whereas in regular courts of law there is always a scope to appeal to the
higher forum on the decision of the trial court, which cause delay in the settlement
of dispute finally. The reason being that in a regular court, decision is that of the
court but in Lok Adalat it is mutual settlement and hence no case for appeal will
arise. In every respect the scheme of Lok Adalat is a boon to the litigant public,
where they can get their disputes settled fast and free of cost.
5. Last but not the least, faster and inexpensive remedy with legal status.
The scheme also helped the overburdened court to alleviate the burden of arrears
of cases and as the award becomes final and binding upon both the parties, no
appeal is filed in the Appellate Court and, as such, the burden of the Appellate Court
in hierarchy is also reduced. The scheme is not only helpful to the parties but also to
the overburdened courts to achieve the constitutional goal of speedy disposal of the
cases.
PERMENENT LOK ADALAT
The Legal Service Authorities Act, 1987 provides for the conduct of Lok Adalats. Lok
Adalats can deal with pending cases which are referred to it for determination. Lok
Adalats are organised at regular intervals. The Legal Services Authorities Act has
been amended in 2002 with the object of establishing Permanent Lok Adalats.
Sec. 22 B of the Act provides for the establishment of the Permanent Lok Adalats.
The Central Authority or every State Authority shall, by notification, establish
Permanent Lok Adalats.
Every Lok Adalat established for an area shall consist of the following persons:
1. A person who is, or has been a District Judge or Additional District Judge or has
been held judicial office higher in rank than that of a District Judge. He shall be the
Chairman of the Permanent Lok Adalat.
2. Two persons having adequate experience in public utility service. They are to be
nominated by the Central or State government on the recommendation of the
Central or the State authority.
Any party to a dispute may, before the dispute is brought before any court, make an
application to the Permanent Lok Adalat for the settlement of the dispute. The
Permanent Lok Adalat shall not have jurisdiction in respect of any matter relating to
an offence not compoundable under any law. It shall not have jurisdiction in the

matter where the value of the property in dispute which exceeds rupees ten lacks.
After an application is made to the Permanent Lok Adalat a party to that application
shall not invoke jurisdiction of any court in the same dispute.
When an application is made to the Permanent Lok Adalat, it shall direct each party
to file written statement stating the facts and nature of dispute. After filing of
written statement the Permanent Lok Adalat shall conduct conciliation proceedings.
The Permanent Lok Adalat shall assist the parties to reach an amicable settlement
of dispute. If a settlement is arrived at, in the conciliation proceedings, the
Permanent Lok Adalat shall formulate a settlement agreement and obtain signature
on the settlement agreement and pass an award in terms of that agreement. A copy
of the award shall furnish to each of the parties to the dispute. If the parties failed
to reach an agreement, the Permanent Lok Adalat shall decide the dispute. The
award of the Permanent Lok Adalat shall be final and binding on all the parties
thereon and on persons claiming under them. Every award shall be deemed to be a
decree of a Civil Court. The Permanent Lok Adalat shall transmit any award made by
it to a civil court having local jurisdiction to execute the same.
CONCLUSION
We must remember that the Lok Adalats are not substitutes for existing courts. Lok
Adalat lends itself to easy settlement of money claims; there is scope for other
disputes as well. Partition suits damages and matrimonial cases can be easily
settled before Lok Adalat as the scope for compromise through an approach of give
and take is high in these cases. In Lok Adalat justice is dispensed summarily without
too much emphasis on legal technicalities. It has to be a very effective alternative
to litigation. Lok Adalat is a boon to the litigant public, where they can get their
dispute settled faster and at free of cost. Experience has shown that its one of the
efficient and important ADR and most suited to the Indian environment, culture and
social interests. Objective of Lok Adalat is to settle the disputes which are pending
before the courts, by negotiations, conciliation and by adopting persuasive common
sense and human approach to the problems of the disputants. The large population
of India and the illiterate masses have found the regular dispensation of justice
through regular courts very cumbersome and ineffective. The special condition
prevailing in the Indian society and due to economic structure, highly sensitized
legal service is required which is efficacious for the poor and the ignorant masses.
The Lok Adalat movement is no more an experiment in India. Its now a success and
needs to be replicated in certain matters. It properly, thoughtfully, and wisely
constituted, Lok Adalats can become an additional arm of existing judicial
institution, and moreover, if the process of accumulation of arrears is reversed and
there is less burdening, its qualitative performance can improve.

Lok Adalat
Lok Adalat (peoples courts), established by the government, settles dispute through conciliation and
compromise. The First Lok Adalat was held in Chennai in 1986. Lok Adalat accepts the cases which could
be settled by conciliation and compromise, and pending in the regular courts within their jurisdiction.
The Lok Adalat is presided over by a sitting or retired judicial officer or other person of respect and legal
knowledge as the chairman, with two other members, usually a lawyer and a social worker. There is no
court fee. If the case is already filed in the regular court, the fee paid will be refunded if the dispute is
settled at the Lok Adalat. The procedural laws, and the Evidence Act are not strictly followed while
assessing the merits of the claim by the Lok Adalat.it make processes fast.

Main condition of the Lok Adalat is that both parties in dispute should agree for settlement. The decision
of the Lok Adalat is binding on the parties to the dispute and its order is capable of execution through
legal process. No appeal lies against the order of the Lok Adalat.(not even in supreme court)
Lok Adalat is very effective in settlement of money claims. Disputes like partition suits, damages and
matrimonial cases can also be easily settled before Lok Adalat as the scope for compromise through an
approach of give and take is high in these cases.
The focus in Lok Adalats is on compromise. When no compromise is reached, the matter goes back to the
court. However, if a compromise is reached, an award is made and is binding on the parties. It is enforced
as a decree of a civil court. An important aspect is that the award is final and cannot be appealed, not even
under Article 226 because it is a judgement by consent. All proceedings of a Lok Adalat are deemed to be
judicial proceedings and every Lok Adalat is deemed to be a Civil Court.
Lok Adalat is a boon to the litigant public, where they can get their disputes settled fast and free of cost.

Lok Adalat

Lok Adalat is a system of alternative dispute resolution developed in India. It roughly means
Peoples court.
The idea of Lok Adalat was mainly advocated by Justice P.N. Bhagwati, a former Chief Justice
of India.
Lok Adalat is a non-adversarial system, whereby mock courts (called Lok Adalats) are held by
the State Authority, District Authority, Supreme Court Legal Services Committee, High Court
Legal Services Committee, or Taluk Legal Services Committee.
They are held periodically for exercising such jurisdiction as they determine.
These are usually presided over by retired judges, social activists, or other members of the legal
profession.
The Lok Adalats can deal with all Civil Cases, Matrimonial Disputes, Land Disputes,
Partition/Property Disputes, Labour Disputes etc., and compoundable criminal Cases.
The first Lok Adalat was held on March 14, 1982 in Gujarat.
How are these different?
These are less expensive and relations between litigants do not get strained.
The focus in Lok Adalats is on compromise. When no compromise is reached, the matter goes
back to the court. However, if a compromise is reached, an award is made and is binding on the
parties.
The disputing parties plead their case themselves in Lok Adalats. No advocate or pleader is
allowed, even witnesses are not examined.
No court fee is levied. Speedy justice is given to the people of all classes of society.
Award has same effect as of a Civil Court decree.
It was the LEGAL SERVICES AUTHORITY ACT 1987, which gave statutory status to Lok
Adalat.