Non-functioning of Lok Adalats in Rajasthan

• 19 May 2025

Why in News? 

The government’s delay in extending the tenure of presiding officers and members has halted the functioning of Permanent Lok Adalats in 16 Rajasthan districts, stalling resolution of many pending disputes. 

 Key Points 

• Access to Justice Severely Affected: 
  • The shutdown has stalled the resolution of thousands of pending civil disputes. 
  • In Jodhpur alone, over 972 cases are pending, while the Rajasthan High Court estimated the total backlog across districts may exceed 10,000 cases. 
• Suo Motu Cognisance: 
  • Rajasthan High Court took suo motu cognisance and expressed concern over the serious implications for access to justice and the right to a fair trial. 
  • The Bench cited the Supreme Court’s ruling in Brij Mohan Lal vs. Union of India (2012), which permits judicial review of policy decisions if found arbitrary or mala fide. 
  • The judges stated that courts cannot abdicate their constitutional duty by labeling it a mere policy issue. 
  • The State Legal Services Authority clarified that members whose tenures ended are no longer authorised to hear or resolve disputes. 
• Court Appoints Amicus Curiae: 
  • The High Court appointed Senior Advocate as amicus curiae to assist in the case proceedings. 
    • An amicus curiae (literally, "friend of the court") is someone who is not a party to a case and may or may not have been solicited by a party and who assists a court by offering information, expertise, and bearing on issues of the case. 

 Lok Adalat 

• About: Lok Adalat, or People’s Court, is a forum designed for settling disputes either pending in court or at the pre-litigation stage through compromise or amicable settlement. 
  • The Supreme Court emphasises that Lok Adalat is an ancient Indian system of adjudication that still holds relevance today, rooted in Gandhian principles. 
  • It forms a part of the Alternative Dispute Resolution (ADR) system, which seeks to relieve the burdened Indian courts. 
• Objective: Its purpose is to provide quick, inexpensive justice without the lengthy and expensive procedures common in regular courts. 
  • In Lok Adalat, there are no victors or losers, making it a harmonious approach to dispute resolution. 
• Historical Development: The first Lok Adalat camp in independent India was held in Gujarat in 1982, where its success in settling disputes led to its spread nationwide. 
• Legal Framework: Initially functioning as a voluntary institution without legal authority, the Legal Services Authorities Act, 1987 provided statutory status to Lok Adalats. 
  • This Act gave the institution the authority to pass awards with the same effect as a court decree. 
• Organising Agencies: Lok Adalats can be organised by NALSA, State Legal Services Authority, District Legal Services Authority, Supreme Court Legal Services Committee, High Court Legal Services Committee, or Taluk Legal Services Committee at intervals and places they deem necessary. 
• Composition: A Lok Adalat typically includes a judicial officer (chairman), a lawyer, and a social worker. 
• Jurisdiction: 
  • Lok Adalat has jurisdiction over disputes including pending court cases and pre-litigation matters that fall under the jurisdiction of courts. 
  • It deals with various cases such as matrimonial disputes, compoundable criminal offences, labour disputes, bank recovery, housing, and consumer grievances. 
  • Lok Adalat does not have jurisdiction over non-compoundable offences, such as serious criminal cases, as these cannot be settled through compromise. 
• Powers: The Lok Adalat shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 while trying a suit in respect of the following matters. 
  • The summoning and enforcing the attendance of any witness. 
  • The discovery and production of any document. 
  • Receiving evidence on affidavits. 
  • Requisitioning public records or documents from courts or offices.