Non-functioning of Permanent Lok Adalats in Rajasthan

• 20 May 2025

Why in News? 

 The Rajasthan government’s delay in extending the tenure of presiding officers and members has led to the suspension of Permanent Lok Adalats (PLAs) functioning in 16 districts of the state, delaying the resolution of thousands of pending cases. 

• The State Legal Services Authority clarified on 3rd May 2025 that members whose tenure ended cannot participate in dispute resolution. 

 Note: In Jodhpur alone, over 972 cases are pending, while the Rajasthan High Court estimated the total backlog across districts may exceed 10,000 cases. 

 Key Points 

Judicial Response 

• 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 (Article 21). 
• A Division Bench of HC 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. 
• A Senior Advocate has been appointed by the HC 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. 

 Permanent Lok Adalats (PLAs) 

• About: 
  • PLA operates under Section 22-B of the Legal Services Authorities Act, 1987. 
  • It is a statutory body created to ensure pre-litigation conciliation and settlement, especially in matters involving Public Utility Services. 
  • PLAs provide a mandatory pre-litigation platform for parties to attempt conciliation. 
    • However, Lok Adalats has jurisdiction over both the pending and pre-litigation matters. 
    • PLAs cannot adjudicate cases involving criminal offences. 
• Composition: 
  • Each Permanent Lok Adalat consists of: 
    • One Chairman (typically a retired judicial officer), and 
    • Two other members with experience in public service or law. 
• Binding Nature: 
  • The award passed by a Permanent Lok Adalat is final and binding on all parties. 
    • If the parties fail to reach a mutual settlement, the PLA has the authority to decide the case on merits. 
  • No appeal lies against the decision, ensuring quick and conclusive resolution. 

Implications of Non-functioning of PLAs 

• Access to Justice: Lok Adalats are an important mechanism for affordable and speedy justice, especially for vulnerable sections. 
• Case Backlog: The halt threatens to exacerbate the existing judicial backlog, delaying dispute resolution further. 
• Disruption of Alternative Dispute Resolution (ADR) Framework: The interruption weakens the alternative dispute resolution ecosystem, pushing more cases back to regular courts. 
• Litigant Uncertainty: Pending judgments resulting from the expired tenures of officials leave litigants facing prolonged uncertainty, eroding trust in the legal system. 

 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. 
  • SC 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 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. 
• 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.