Previous Year Question
With reference to Lok Adalats, which of the following statements is correct?
Lok Adalats have the jurisdiction to settle matters at the pre-litigation stage and not those matters pending before any court.
Lok Adalats can deal with matters which are civil and not criminal in nature.
Every Lok Adalat consists of either serving or retired judicial officers only and not any other person.
None of the above.
Correct Answer: D
Detailed Solution
Lok Adalats have statutory status under the Legal Services Authorities Act, 1987. They seek to provide the speedy, inexpensive and amicable settlement of disputes through the consent of the parties.
Option (a) is incorrect. A Lok Adalat may settle both pre-litigation disputes and cases already pending before a court. A pending case may be referred to a Lok Adalat with the consent of the parties or when the court finds that the possibility of settlement exists.
Option (b) is incorrect. Lok Adalats are not restricted to civil matters. They may also settle cases involving compoundable criminal offences. However, they have no jurisdiction over an offence that is non-compoundable under the law.
Matrimonial disputes, motor-accident compensation cases, bank-loan disputes, labour disputes, land-acquisition matters, public-utility bills and compoundable criminal cases may be settled through Lok Adalats.
Option (c) is incorrect. A Lok Adalat may include serving or retired judicial officers, persons belonging to the legal profession and other persons possessing the prescribed qualifications. These may include advocates and social workers. Its composition is therefore not restricted exclusively to judicial officers.
A Lok Adalat does not ordinarily impose a binding adjudication on the merits of the dispute; its principal function is to facilitate a compromise between the parties. If no settlement is reached, an ordinary Lok Adalat cannot impose a decision, and the case returns to the concerned court or the parties may approach the appropriate court.
An award based on a Lok Adalat settlement is deemed to be a decree of a civil court. It is final and binding upon all parties, and no ordinary appeal lies against it. No court fee is charged in a Lok Adalat, and court fees already paid in a pending case may be refunded when a settlement is reached.