The problem with access to justice exists in India because court proceedings are slow and expensive. The Indian legal system introduced Lok Adalat and Permanent Lok Adalat (PLA) as unique alternative dispute resolution tools to address this problem. These systems provide affordable, fast dispute settlement for all public members through informal procedures that ensure easy access to justice. Both methods aim to simplify legal processes, yet they function under different formats with separate operational mechanics.
Meaning of Lok Adalat
Lok Adalat is defined as "People's Court." Lok Adalats consist of panels containing judicial officers alongside judges and senior legal personnel who examine disputes informally to perform settlements without formality. Lok Adalat's main purpose is to deliver cost-effective and convenient justice access, especially to people who cannot withstand lengthy or financially expensive court proceedings.
Features of Lok Adalat:
Both petitioning parties must willingly accept Lok Adalat proceedings as a condition for their case to proceed to court.
For Lok Adalats, proceedings occur in an informal environment, maintaining straightforward procedures different from traditional court processes.
The quick decision-making process in Lok Adalat results in faster case resolution than regular courts through weeks.
The affordability of the procedure remains high since participants must pay only minimal costs or none at all.
The settlement results in Lok Adalat holding legal power as a courtroom decree that the parties must follow.
Through Lok Adalats, the judiciary seeks to achieve justice distribution among marginalized populations in remote locations where court attendance proves problematic.
Also, Learn How Lok Adalat is Different from Other Courts
Meaning of Permanent Lok Adalat (PLA)
Permanent Lok Adalat (PLA) operates as an institutionalized specialized version of the Lok Adalat system. The main purpose of Permanent Lok Adalat (PLA) is to address all disputes that emerge from public utility services, including water supply and electricity distribution, along with transport and communication services. PLAs differ from traditional Lok Adalats through continuous operation because they handle public service disputes after operating throughout the year.
Features of Permanent Lok Adalat (PLA):
Permanent Lok Adalats run continuously, unlike transient Lok Adalats, because they hold regular hearing sessions.
The scope of Permanent Lok Adalats covers only disputes that deal with public utility services.
PLAs normally have a judicial magistrate, legal experts, and public service domain specialists who form their panels.
Certain cases require consumers to join the Permanent Lok Adalat (PLA) program even when service providers from public utilities voluntarily participate.
Bindings similar to usual Lok Adalats are present in PLAs because settlements created through these forums equate to court decrees.
Consumer Protection finds its resolution at PLAs through a legal avenue when consumers submit complaints about electricity and water services and transport facilities.
Learn the Key Differences Between Lok Adalat and Gram Nyayalaya
Lok Adalat Vs. Permanent Lok Adalat
Whereas Lok Adalat is a general forum for settling a range of civil, criminal, and consumer disputes, Permanent Lok Adalat specializes in settling disputes arising out of public utility services and runs continuously. Following are the points of difference covered:
1. Jurisdiction
Lok Adalat settles a broad spectrum of cases ranging from civil disputes, compoundable criminal cases, family disputes, consumer grievances, and labor disputes.
Permanent Lok Adalat (PLA) is tailored to address public utility service disputes, i.e., water, electricity, transport, and telecommunication.
2. Duration and Establishment
Lok Adalat is ad hoc and held as required, usually for a batch of cases. It functions on an irregular basis, depending on the workload.
Permanent Lok Adalat (PLA) works continuously, with a permanent setup in every district, to resolve public service-related disputes continuously.
3. Scope of Cases
Lok Adalat handles various cases, such as civil, criminal, consumer, and labor cases.
Permanent Lok Adalat (PLA) handles disputes only relating to public utility services; hence, it is more specialized.
4. Panel Composition
Lok Adalat usually combines judicial officers, retired judges, legal experts, and social workers to resolve disputes.
Permanent Lok Adalat (PLA) has a judicial officer, legal professionals, and even public service experts in some cases to deal with issues about utilities.
5. Voluntary vs. Compulsory Participation
Lok Adalat follows voluntary participation, i.e., both sides must concur to settle their dispute using Lok Adalat.
Permanent Lok Adalat (PLA) can entail mandatory involvement of public service providers, particularly when a consumer raises a complaint against a service provider.
6. Process and Functioning
Lok Adalat is non-formal and seeks to resolve disputes by mediation with mutual agreement between parties.
Permanent Lok Adalat (PLA) is also an informal process but functions permanently to resolve recurrent disputes about public services.
7. Accessibility
Anyone having a dispute can approach Lok Adalat, independent of the dispute being subject-matter based, as long as it is appropriate to settle by agreement.
Permanent Lok Adalat is specialized, with a limited jurisdiction extended only to consumers in disagreement with the service providers of the public utilities.
8. Nature of Settlements
Lok Adalat resolves almost any kind of case on agreed terms between parties to the disputes.
Permanent Lok Adalat (PLA) normally handles cases involving disputes where either one or both parties (mostly the public service provider) have to participate in the settlement process, even when the consumer doesn't want to settle in the first instance.
9. Enforceability
Lok Adalat settlements are binding upon the parties involved and dealt with as a court decree, i.e., as enforceable as a judgment in a regular court.
Permanent Lok Adalat (PLA) also makes legal settlements binding and can be executed as a court order, particularly where cases pertain to public utilities.
10. Effect on Court Load
Lok Adalat assists in curtailing the burden of regular courts by resolving many disputes.
Permanent Lok Adalat (PLA) reduces the burden on regular courts by specifically addressing public utility sector disputes, where many cases are typically filed in regular courts.
Also, Get to Know What is the Distinction Between Judicial Settlement & Alternative Dispute Resolution (ADR)?
Summing Up
Permanent Lok Adalat and Lok Adalat are significant alternatives to the conventional judiciary process in India. They focus on delivering fast, cheap, and accessible justice to the community. Lok Adalat deals with many disputes, while Permanent Lok Adalat resolves disputes concerning public utility services. Although both systems have succeeded in several respects, issues must be overcome to make them even more effective and reach more people.
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Lok Adalat and Permanent Lok Adalat: FAQs
Q1. What is Lok Adalat?
Lok Adalat is a place where disputes are settled informally and at a low cost. It is a voluntary procedure designed to deliver speedy justice in civil, criminal, and consumer cases.
Q2. What is a Permanent Lok Adalat (PLA)?
Permanent Lok Adalat is an institutionalized forum for dispute resolution pertaining solely to public utility services such as electricity, water, and transportation. It's a permanent feature and hears cases in a specialized way.
Q3. How does Lok Adalat differ from Permanent Lok Adalat?
Lok Adalat resolves many disputes, whereas Permanent Lok Adalat resolves public utility service disputes. Lok Adalat is ad hoc and constituted from time to time, whereas PLA functions permanently.
Q4. Are the awards Lok Adalat gives binding?
Yes, the compromises achieved in Lok Adalat are legally binding, accorded the status of a court decree and enforceable in law.
Q5. Can Permanent Lok Adalat resolve any kind of disputes?
Permanent Lok Adalat mainly resolves disputes over public utility services like electricity, water, and telecommunications. It does not resolve general civil or criminal disputes.
Q6. Is it mandatory to participate in Lok Adalat?
Participation in Lok Adalat is voluntary, and both parties have to consent to resolve their dispute through this platform.
