Model Answer
0 min readIntroduction
Alternative Dispute Resolution (ADR) mechanisms are crucial for reducing the burden on the formal judicial system in India. Lok Adalats and Arbitration Tribunals are two prominent ADR methods. Lok Adalats, meaning “People’s Courts”, were conceptualized in 1982 and gained statutory recognition with the Legal Services Authorities Act, 1987. Arbitration, on the other hand, is a more formalized process governed by the Arbitration and Conciliation Act, 1996, as amended in 2015 and 2019. Both aim to provide quicker and more affordable justice, but they differ significantly in their approach and scope.
Lok Adalats
Lok Adalats are organized at various levels – at the State, District, Sub-Division, Taluk and Village levels – under the guidance of State Legal Services Authorities and District Legal Services Authorities. They are presided over by retired or serving judicial officers and assisted by social workers. The core principle is compromise and conciliation.
- Jurisdiction: Primarily deal with pending cases in courts and those which are likely to be filed in court.
- Procedure: Informal, flexible, and based on mutual consent. No strict rules of evidence are followed.
- Enforceability: Awards passed by Lok Adalats have the same force and effect as decrees passed by a court.
- Case Types: Handle both civil and criminal compoundable cases. Examples include family disputes, property disputes, cheque bounce cases, and minor criminal offenses.
Arbitration Tribunals
Arbitration is a private dispute resolution process where parties agree to submit their disputes to a neutral third party (the arbitrator) for a binding decision. It’s governed by the Arbitration and Conciliation Act, 1996.
- Legal Basis: Based on a pre-existing arbitration agreement between the parties.
- Jurisdiction: Limited to the scope of the arbitration agreement.
- Procedure: More formal than Lok Adalats, with rules of evidence and procedure generally agreed upon by the parties or determined by the arbitrator.
- Enforceability: Arbitral awards are enforceable like court decrees under the Code of Civil Procedure, 1908.
- Case Types: Primarily handle complex commercial disputes, infrastructure projects, and international commercial arbitration. While traditionally focused on civil matters, arbitration can also be used for some types of criminal disputes with the consent of all parties involved, though this is less common.
Comparative Analysis
| Feature | Lok Adalats | Arbitration Tribunals |
|---|---|---|
| Basis | Statutory (Legal Services Authorities Act, 1987) | Contractual (Arbitration Agreement) |
| Formality | Informal | Formal |
| Cost | Minimal/Free | Generally higher (arbitrator fees, administrative costs) |
| Speed | Faster | Can be faster than court, but depends on complexity |
| Control | Limited party control | Parties have more control over the process |
Both Lok Adalats and Arbitration Tribunals can entertain civil cases. However, their approach to criminal cases differs. Lok Adalats can handle compoundable offences (offences where a compromise can be reached), while arbitration in criminal matters is rare and requires explicit consent from all parties, including the state.
Conclusion
In conclusion, Lok Adalats and Arbitration Tribunals are valuable ADR mechanisms, each suited to different types of disputes. Lok Adalats excel in resolving a high volume of simpler cases through compromise, while Arbitration Tribunals are better equipped to handle complex, specialized disputes requiring a more formal and binding process. Both contribute significantly to reducing the burden on the courts and promoting access to justice, handling both civil and, to a limited extent, criminal matters.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.