Lok Adalats and Other Courts - Clarity Desk Hub IAS

Introduction

The Idea Behind Legal Aid — Justice for All

“What is the meaning of justice if only the rich can afford it?”

The Constitution of India promises justice — social, economic, and political.
But justice is meaningless if a poor person cannot hire a lawyer or pay court fees.
So, the idea of “free legal aid” emerged to ensure that justice is not denied because of poverty.

This is where Article 39A comes in.

Constitutional Basis of Legal Aid

Article 39A — Directive Principle of State Policy (DPSP)

It directs the State to:

“Ensure that the operation of the legal system promotes justice on the basis of equal opportunity, and shall provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.”

Thus, Article 39A is the constitutional foundation of the legal aid movement in India.

Supporting Articles

Article 14 → Equality before law.
Article 22(1) → Right to be defended by a legal practitioner of one’s choice.

Together, these articles make it obligatory for the State to ensure a fair and equal justice system.

The Legal Services Authorities Act, 1987

To implement these constitutional ideals, Parliament enacted the:

Legal Services Authorities Act, 1987,
which came into force on 9th November 1995.

🎯 Purpose:

To establish a nationwide, uniform, and organized network for:

Providing free and competent legal services to weaker sections.
Organizing Lok Adalats for amicable settlement of disputes.
Promoting legal awareness among people.

So, the Act institutionalized legal aid through a formal structure.

National Legal Services Authority (NALSA)

The National Legal Services Authority (NALSA) was established under this Act as the apex body to monitor, guide, and coordinate the entire system of legal aid in India.

Think of NALSA as the policy-maker and overseer of all legal services activities in the country.

📋 Functions of NALSA

NALSA’s main functions include:

Laying down policies, principles, and guidelines for legal aid programmes.
Framing effective and economical schemes to be implemented by State and District Authorities.
Monitoring and evaluating implementation of legal aid across India.

Essentially, NALSA sets the vision, direction, and uniform standards for legal services delivery.

🧩 Organizational Structure under NALSA

NALSA operates through a four-tier network of legal services institutions:

Level	Body	Established by / Under
1️⃣	National Legal Services Authority (NALSA)	Central Government (Apex body)
2️⃣	State Legal Services Authorities (SLSA)	In every State
3️⃣	District Legal Services Authorities (DLSA)	In every District
4️⃣	Taluk Legal Services Committees (TLSC)	In most Taluks / Sub-divisions

Additionally, for higher courts:

Supreme Court Legal Services Committee (SCLSC) — for legal aid relating to the Supreme Court.
High Court Legal Services Committees (HCLSC) — for matters before each High Court.

So, from the Supreme Court to the Taluk level, a uniform network ensures “legal aid for all.”

🧑‍⚖️ Main Functions of State, District & Taluk Legal Services Bodies

All these bodies (under the guidance of NALSA) perform three primary functions regularly:

Provide free and competent legal services to eligible persons.
Organize Lok Adalats to resolve disputes amicably and speedily.
Conduct legal awareness camps, especially in rural and backward areas.

These three pillars — Legal Aid, Lok Adalat, and Legal Awareness — are the heart of NALSA’s mission.

💰 What Do “Free Legal Services” Include?

Free legal services don’t just mean a free lawyer. They cover the entire process of litigation, including:

Payment of court fees, process fees, and all related charges.
Provision of lawyers’ services in all legal proceedings.
Obtaining and supplying certified copies of court orders or documents.
Preparation of appeals, paper books, printing, and translation of documents.

So, a poor person can fight a legal case without spending a single rupee.

👥 Who Are Eligible for Free Legal Services?

The Act specifically identifies categories of persons entitled to free legal aid.
These are not random — they represent the weaker and vulnerable sections of society.

Category	Eligible Persons
1️⃣	Women and children
2️⃣	Members of Scheduled Castes (SC) and Scheduled Tribes (ST)
3️⃣	Industrial workmen
4️⃣	Victims of mass disasters (like flood, drought, earthquake, industrial accidents, violence, etc.)
5️⃣	Persons with disabilities
6️⃣	Persons in custody (including prisoners, detenus, etc.)
7️⃣	Economically weaker persons — those whose annual income does not exceed ₹1,00,000 (for SCLSC, the limit is ₹5,00,000)
8️⃣	Victims of human trafficking or beggary

👉 In short: anyone who is poor, marginalized, or socially disadvantaged is entitled to free legal help under NALSA.

📚 Significance of NALSA

If we look at it conceptually, NALSA represents the institutionalization of social justice in India.
It ensures that:

Access to justice = Right, not privilege.
Justice is not restricted by money, status, or education.
The State actively assists citizens in securing their legal rights.

We may say:

“NALSA converts the ideal of equality before law into reality of justice for all.”

Conceptual Takeaway

The National Legal Services Authority (NALSA) is the cornerstone of India’s Legal Aid and Lok Adalat system.
It turns the promise of “justice for all” into a practical, functioning mechanism, ensuring that no citizen is denied justice merely because he or she cannot afford it.

Lok Adalats

🧩 The Idea of Lok Adalat — “Justice at Your Doorstep”

“If courts are meant to give justice, why do people still hesitate to go there?”

The answer is well known — delay, cost, and complexity.
To make justice simple, fast, and inexpensive, India revived an ancient tradition of people’s justice — the Lok Adalat, literally meaning “People’s Court.”

📜 Meaning and Constitutional Spirit

The term ‘Lok Adalat’ comes from two Sanskrit words: Lok (people) and Adalat (court).
It reflects the idea of justice by the people, for the people, and among the people.
As the Supreme Court explained, the Lok Adalat is based on Gandhian principles of reconciliation and community-based dispute resolution.

It is a part of the Alternative Dispute Resolution (ADR) system — a non-judicial method of resolving conflicts without formal litigation.

👉 In short:
Lok Adalat = An informal, voluntary, and amicable mechanism where disputes are settled through conciliation and compromise, not through judicial contest.

⚖️ Background — From Experiment to Institution

The first Lok Adalat in independent India was held in Gujarat in 1982.
It was a huge success in resolving pending cases quickly and peacefully.
Seeing its popularity, the government decided to give it statutory backing, which came through the:

Legal Services Authorities Act, 1987

This Act provided legal recognition to Lok Adalats and made their awards binding like a court decree.

Thus, Lok Adalats became an integral part of India’s legal aid system under NALSA.

🏛️ Legal Provisions and Organisation

The Legal Services Authorities Act, 1987 lays down detailed provisions about how Lok Adalats are organised and what powers they have.

(1) Organising Authorities

Lok Adalats can be organised by:

State Legal Services Authority
District Legal Services Authority
High Court Legal Services Committee
Supreme Court Legal Services Committee
Taluk Legal Services Committee

They may be held periodically at various places — courts, villages, or public venues — as decided by these bodies.

(2) Composition

Each Lok Adalat generally consists of:

A Judicial Officer (serving or retired) as the Chairperson, and
A Lawyer (Advocate) and a Social Worker as Members.

This combination ensures both legal knowledge and a human, community-based approach to justice.

(3) Jurisdiction

A Lok Adalat can handle:

Cases pending before any court, or
Disputes at pre-litigation stage (before a case is formally filed in court).

So, Lok Adalats can deal with:

Pending disputes (transfer from court), and
Pre-disputes (directly from parties before litigation).

🚫 Exception:
Lok Adalats cannot deal with non-compoundable criminal offences — e.g., murder, rape, dacoity.
They can only settle compoundable offences and civil / minor criminal cases.

(4) Referral to Lok Adalat

A case may be referred to a Lok Adalat if:

Both parties agree to settle, or
One party requests and the court finds it appropriate, or
The court itself feels the case is suitable for settlement.

Similarly, pre-litigation disputes can be referred to Lok Adalat upon an application from either party to the organizing authority.

(5) Powers of Lok Adalat

Lok Adalats are vested with powers of a Civil Court under the Code of Civil Procedure, 1908, in respect of:

Summoning and examining witnesses.
Discovery and production of documents.
Taking evidence on affidavits.
Requisitioning public records.
Any other matters prescribed.

Further:

Lok Adalats can adopt their own procedures for settlement.
Proceedings before Lok Adalats are treated as judicial proceedings, and the body is deemed to be a Civil Court under the IPC and CrPC.

(6) Awards of Lok Adalat

The award (decision) of a Lok Adalat is deemed to be a decree of a Civil Court.
It is final and binding on all parties.
No appeal can be filed against it in any court.

This ensures speedy finality to disputes — avoiding endless appeals.

🧠 Types of Lok Adalats

There are three main types of Lok Adalats functioning in India today:

1️⃣ National Lok Adalats

Held nationwide on a single day at all levels — from the Supreme Court to Taluk Courts.
Started in 2015 as a monthly program focusing on specific subjects (like bank recovery, MACT, matrimonial, or cheque bounce cases).
Thousands of cases are settled in a single day across the country.

2️⃣ State Lok Adalats (Regular Lok Adalats)

Organised by State Legal Services Authorities — they operate regularly in different formats:

Type	Description
Continuous Lok Adalat	Sits for a fixed number of days, deferring unsettled cases for later rounds.
Daily Lok Adalat	Held on a daily basis for continuous disposal.
Mobile Lok Adalat	Conducted through mobile vans visiting remote areas — combining justice delivery and legal awareness.
Mega Lok Adalat	Conducted on one day across all courts in the state — a massive coordinated event.

3️⃣ Permanent Lok Adalats (PLAs)

These are a special category — functioning permanently for Public Utility Services like transport, postal, telegraph, water, electricity, insurance, etc.
(We’ll study PLAs later on in detail.)

💎 Benefits and Significance of Lok Adalats

According to the Supreme Court and the Law Commission of India, Lok Adalats provide numerous advantages over traditional litigation.

(a) Benefits (as per the Supreme Court)

No court fee — if already paid, it is refunded upon settlement.
Procedural flexibility — not bound by strict rules of the CPC or Evidence Act.
Direct interaction — parties can personally talk to judges and conciliators.
Finality and binding effect — the award is a civil court decree, non-appealable, and quick.

Thus, disputes are resolved amicably, inexpensively, and finally.

(b) Advantages of ADR (as summarized by the Law Commission)

Less expensive — minimal or no legal costs.
Less time-consuming — avoids long judicial delays.
Free from technicalities — more flexible and human-oriented.
Confidential — parties can discuss openly without fear of public disclosure.
No losing or winning — both parties feel satisfied as the outcome is mutually acceptable, restoring relationships.

Permanent Lok Adalats (PLAS)

🧩 Background

By now we know — Lok Adalats are people’s courts that provide informal and amicable dispute settlement.
However, ordinary Lok Adalats only function occasionally and can settle disputes only when both parties agree.
What happens if parties fail to reach a compromise?

To address this limitation, Parliament amended the Legal Services Authorities Act, 1987 in 2002, creating a new permanent institution —
👉 Permanent Lok Adalats (PLAs) — meant specifically for Public Utility Services.

So, a PLA is not temporary like regular Lok Adalats — it is a continuous body that can also decide disputes on merits if conciliation fails.

⚙️ Composition

Each Permanent Lok Adalat consists of:

A Chairman — who is or has been:
- a District Judge, or
- an Additional District Judge, or
- any judicial officer of higher rank.
Two other Members — having adequate experience in public utility services (like transport, electricity, telecom, etc.).

This mix ensures both judicial expertise and sectoral knowledge.

🏢 Jurisdiction — What PLAs Handle

PLAs deal exclusively with disputes relating to Public Utility Services, such as:

Transport (air, road, or water — goods or passengers)
Postal, telegraph, or telephone services
Supply of power, light, or water
Public sanitation or conservancy services
Hospital and dispensary services
Insurance services

These are services used daily by the general public — hence the focus is on quick, accessible dispute resolution.

💰 Pecuniary Jurisdiction

Initially: Up to ₹10 lakh.
Revised in 2015: Up to ₹1 crore.
(Subject to future enhancement by the Central Government.)

So, PLAs can handle disputes up to ₹1 crore in value.

🚫 Jurisdictional Limits

PLAs cannot deal with:

Non-compoundable criminal offences — just like regular Lok Adalats.

📝 Procedure and Powers

Pre-Court Jurisdiction – Before approaching a court, any party may apply directly to the PLA for settlement.
Once the matter is before the PLA, no other court can be approached for the same dispute.
Conciliation First:
If the PLA feels there is scope for settlement, it prepares draft terms of compromise and presents them to the parties.
- If parties agree, an award is passed.
- If they fail to agree, the PLA can decide the case on merits — unlike ordinary Lok Adalats.
Award:
- The award is passed by majority.
- It is final and binding on all parties.
- It has the status of a civil court decree.

🌟 Significance

So, what makes a Permanent Lok Adalat special?

Feature	Ordinary Lok Adalat	Permanent Lok Adalat
Nature	Occasional / temporary	Continuous / permanent
Consent Required	Yes, both parties must agree	No, PLA can decide on merits
Scope	Any civil/compoundable matter	Only Public Utility Services
Award	Based on compromise	Can be compromise or adjudication
Pecuniary Limit	No fixed limit	Up to ₹1 crore
Legal Basis	Legal Services Authorities Act, 1987	Amendment Act, 2002 (inserted Chapter VIA)

👉 Hence, PLAs act as a bridge between conciliation and adjudication, promoting quick justice in service-related disputes.

Family Courts

After understanding public-service disputes, let’s move to family-related disputes — another sensitive area requiring conciliation over confrontation.

🧩 Background

The Family Courts Act, 1984 was enacted to create specialized courts for resolving marriage and family affairs — not through adversarial litigation, but through conciliation, counselling, and understanding.

🎯 Objectives:

Specialized Expertise — dedicated judges for family matters.
Speedy Disposal — informal and time-bound process.
Conciliation-Oriented Approach — to preserve relationships.
Inexpensive Remedy — free from technicalities and heavy costs.

⚙️ Reasons for Establishing Family Courts

The Statement of Objects and Reasons (and background reports) highlighted several motivations:

Women’s and social organizations demanded courts focused on conciliation rather than strict legalism.
The Law Commission (59th Report, 1974) recommended that family disputes need a non-adversarial approach emphasizing settlement before trial.
Though the Civil Procedure Code (CPC) was amended in 1976 to allow special family procedures, courts rarely applied them, and continued treating family matters like civil suits.

Hence, Parliament decided to create exclusive Family Courts to ensure:

Expertise,
Expeditious disposal, and
Socially desirable results.

⚖️ Key Features of the Family Courts Act, 1984

(1) Establishment

State Governments, in consultation with the High Courts, must establish Family Courts.

(2) Mandatory in Big Cities

Every city or town with a population of over one million (10 lakh) must have a Family Court.

(3) Optional in Smaller Areas

States may set up Family Courts in other towns if necessary.

(4) Jurisdiction (Subject Matters)

Family Courts have exclusive jurisdiction over the following:

Matrimonial relief — nullity of marriage, judicial separation, divorce, restitution of conjugal rights, or declaration as to marital status.
Property of spouses or either of them.
Legitimacy — declaration as to the legitimacy of a person.
Guardianship and custody of minors.
Maintenance of wife, children, and parents.

So, all civil disputes within the family sphere fall exclusively under Family Courts.

(5) Conciliation First

The Act makes it mandatory for the Family Court to first attempt reconciliation or settlement before starting the trial.
Proceedings at this stage are informal, and technical rules of evidence or procedure do not apply.

(6) Assistance of Experts

Family Courts can involve:

Counsellors, social welfare agencies, and
Medical and welfare experts
to help resolve disputes harmoniously.

(7) Representation by Lawyers

Parties do not have an automatic right to be represented by lawyers.
The Court may, in the interest of justice, allow assistance from a legal expert (amicus curiae).

This prevents over-legalization of personal disputes.

(8) Simplified Procedure and Appeal

Rules of procedure and evidence are simplified.
Only one appeal is allowed — directly to the High Court.

💡Conceptual Comparison — Family Courts vs Ordinary Civil Courts

Aspect	Ordinary Civil Court	Family Court
Purpose	Legal adjudication	Conciliation & settlement
Atmosphere	Formal	Informal & flexible
Lawyers	Always allowed	Not as of right
Procedure	CPC & Evidence Act	Relaxed rules
Experts	Rarely used	Actively associated (counsellors, social workers, doctors)
Appeal	Multiple appeals	One appeal to High Court

Gram Nyayalayas

— Justice at the Grassroots

🧩 Background and Purpose

“If justice is a constitutional right, why should the poor travel miles to reach a court?”

To answer this, Parliament enacted the Gram Nyayalayas Act, 2008, to take justice to the villages — quite literally.
The idea was to create mobile village courts for speedy, inexpensive, and accessible justice — “justice at the doorstep.”

This directly upholds Article 39A of the Constitution — which ensures equal access to justice and free legal aid to the poor.

📜 Reasons for Establishing Gram Nyayalayas

While introducing the Bill, the Government and the Law Commission (114th Report) gave the following reasons:

Access to justice for the poor and disadvantaged remains limited.
Even after decades of independence, courts are distant — both physically and financially.
The government had already introduced Lok Adalats, arbitration, mediation, etc., but rural India needed a more institutionalized system.
The Law Commission (1986) recommended village-level courts to ensure speedy, inexpensive, and substantive justice.
The poor dream of justice at their doorstep — Gram Nyayalayas make that dream possible.

👉 In essence, the Gram Nyayalaya bridges the gap between the people and the formal judiciary.

🏛️ Features of the Gram Nyayalayas Act, 2008

Let’s understand the main provisions of the Act:

(1) Nature and Composition

The Gram Nyayalaya is a Court of Judicial Magistrate First Class.
The presiding officer is called the Nyayadhikari, appointed by the State Government in consultation with the High Court.
The Nyayadhikari is a judicial officer, drawing the same salary, powers, and status as a First-Class Magistrate.

(2) Establishment

A Gram Nyayalaya is established for every Panchayat at the intermediate level, or for a group of contiguous Panchayats.
Where there is no intermediate Panchayat, it can serve a cluster of Panchayats.

This ensures wide rural coverage while avoiding duplication.

(3) Mobile Court System

Gram Nyayalayas are designed to be mobile courts —
they travel to villages, hear cases on the spot, and deliver instant justice.
The seat of the court is usually at the headquarters of the intermediate Panchayat, but it holds sittings in villages regularly.

👉 Thus, the court literally goes to the people.

(4) Dual Jurisdiction: Civil and Criminal

The Gram Nyayalaya exercises powers of both:
- Criminal Court, and
- Civil Court.

So it can hear small civil disputes (e.g., property, money, contracts) and minor criminal cases (e.g., theft, trespass, defamation).

The First Schedule and Second Schedule of the Act list the specific civil and criminal matters it can handle.

(5) Power to Amend Schedules

Both Central and State Governments can amend these Schedules as per their legislative competence — to expand or modify the jurisdiction.

(6) Summary and Simple Procedure

In criminal trials, the Gram Nyayalaya follows a summary procedure — meaning fast and straightforward hearing.
It can also adopt simplified civil procedures as provided in the Act.

(7) Conciliatory Role

The Gram Nyayalaya must first attempt conciliation between parties, using appointed conciliators (often local elders, social workers, or mediators).
This reflects a Gandhian approach — settlement before judgment.

(8) Execution of Judgments

Orders and decrees of Gram Nyayalayas are treated as civil court decrees.
They follow summary execution procedures to avoid unnecessary delay.

(9) Evidence and Principles

Not bound by the Indian Evidence Act, 1872.
Guided by natural justice and any rules framed by the High Court.

This keeps proceedings informal, flexible, and people-friendly.

(10) Appeals

Case Type	Appeal Lies To	Time Limit for Disposal
Criminal cases	Court of Session	Within 6 months
Civil cases	District Court	Within 6 months

(11) Plea Bargaining

An accused may apply for plea bargaining — admitting guilt for a lesser punishment — promoting reconciliation and quicker disposal.

🧠 Implementation Status — Reality Check

Although the Act empowers States to establish Gram Nyayalayas, it is not mandatory.

Many States already have regular Taluka-level courts, reducing the need.
There’s also reluctance among:
- Police and State officials (to file cases there),
- Lawyers (due to low fees and informality), and
- Lack of infrastructure (notaries, stamp vendors, etc.).

Hence, the implementation has been uneven and limited.

At the Chief Ministers–Chief Justices Conference (2013), it was decided that:

Gram Nyayalayas should be set up only in areas where no regular courts exist, especially remote Talukas.

Commercial Courts

— Speedy Justice for High-Value Business Disputes

Now we shift from rural justice to corporate justice — from the village hut to the boardroom.

India’s growing economy demanded a judicial system that could handle complex commercial cases efficiently.
Thus came the Commercial Courts Act, 2015 — a major reform in India’s legal infrastructure for economic growth.

🧩 Background and Rationale

High-value business disputes — involving banks, traders, investors, and corporations — were clogging civil courts and taking years to resolve.
This delay hurt India’s ease of doing business and investor confidence.

The Law Commission (253rd Report) therefore recommended the creation of Commercial Courts for fast-track disposal of such disputes.

The Government accepted this recommendation, and Parliament enacted the Commercial Courts Act, 2015.

🎯 Objectives

Speedy disposal of high-value commercial disputes.
Specialized judges to handle complex commercial laws.
Boost investor confidence and improve India’s global business image.
Enhance economic growth by ensuring legal certainty and efficiency.

⚙️ Salient Features of the Act

Let’s understand the structure and operation of these courts:

(1) Commercial Courts at District Level

Constituted by State Governments for Districts to handle commercial disputes of specified value.
In High Court territories with original civil jurisdiction (like Delhi, Bombay, Madras, Calcutta), Commercial Courts are set up at the District Judge level.

(2) Commercial Appellate Courts

State Governments can designate Commercial Appellate Courts at District Judge level to hear appeals from Commercial Courts below that level.

(3) Commercial Division of High Courts

In High Courts having ordinary original civil jurisdiction, the Chief Justice may constitute a Commercial Division to hear commercial disputes directly filed in the High Court.

(4) Commercial Appellate Division in High Courts

The Chief Justice also establishes a Commercial Appellate Division in the High Court to hear appeals from:
- Orders of Commercial Courts, and
- Orders of the Commercial Division of that High Court.

(5) Specified Value

Originally: ₹1 crore and above.
Amended in 2018: reduced to ₹3 lakh and above, expanding access to faster resolution for smaller business disputes.

(6) Pre-Institution Mediation

Before filing a case, parties must undergo mediation, unless urgent interim relief is required.
This is called Pre-Institution Mediation and Settlement Mechanism.
The Legal Services Authorities (under NALSA) are empowered to conduct such mediation.

This ensures that litigation becomes the last resort, not the first step.