TAG: GS 2: POLITY
THE CONTEXT: In a historic move, the Supreme Court began a special Lok Adalat on Monday to facilitate amicable dispute resolutions. For the first time, media cameras were allowed inside the courtrooms.
EXPLANATION:
- The week-long special Lok Adalat marks 75 years of the Supreme Court.
- The special Lok Adalat, running from July 29 to August 2, 2024, aims to “facilitate amicable settlements of suitable pending cases” with “elements of settlement.”
- Chief Justice of India (CJI) highlighted the significance of this initiative at the start of the proceedings, urging lawyers to present cases suitable for this forum.
- To assist members of the bar, litigants, and all stakeholders, the Supreme Court has set up dedicated video conference (VC) links for the Special Lok Adalat in Courts Nos. 1 to 7.
- This initiative underscores the Supreme Court’s commitment to leveraging technology for enhancing judicial processes and ensuring broader participation.
What is a Lok Adalat?
- Lok Adalats are alternative dispute resolution mechanisms designed to resolve disputes amicably and include both cases pending in court and those at the pre-litigation stage.
- They are established under the Legal Services Authorities Act, 1987.
- Lok Adalats are a crucial part of the judicial system, aimed at expediting and encouraging amicable settlements.
- According to the Supreme Court, Lok Adalats play a key role in the country’s judicial framework by enhancing alternative dispute resolution methods.
- The court noted that cases with potential for settlement pending before the apex court will be addressed to ensure swift resolution.
- These cases are matrimonial disputes, property disputes, motor accident claims, land acquisition issues, compensation claims, and service and labor matters.
What kind of cases are listed in Lok Adalats?
- Cases with settlement elements that are pending before the Supreme Court will be addressed in the special Lok Adalat to ensure their prompt resolution.
- For e.g. matrimonial and property disputes, motor accident claims, land acquisition issues, compensation claims, and service and labour matters.
- Currently, the Supreme Court registry has identified over 2,200 cases for listing over five days starting July 29.
- Seven courts have been specifically designated to conduct the Special Lok Adalat.
Supreme Court’s Commitment
- Chief Justice, in a video message posted on the court’s website, emphasized the importance of the Lok Adalat in addressing the extensive backlog of cases.
- He described it as an informal, technology-based solution that resolves cases in a purely voluntary and consensual manner.
- He urged citizens, lawyers, and advocates to take advantage of this opportunity for swift and mutually acceptable resolutions.
- This is part of a series of activities the Supreme Court is holding to mark the 75th anniversary of its establishment.
What is NALSA?
- The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society.
- It also organizes Lok Adalats for amicable settlement of disputes.
- It monitors and reviews various legal aid programs. It provides rules and principles for legal services under the Act.
- It also distributes funding and grants to state legal services authorities and non-profit organisations to help them execute legal aid systems and initiatives.
- The Chief Justice of India is the Patron-in-Chief. NALSA is housed at Supreme Court of India.
Constitutional provisions related to NALSA
- Article 39A of the Constitution of India: It provides that State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity. It will provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disability.
- Articles 14 and 22(1) also make it obligatory for the State to ensure equality before law and a legal system that promotes justice on a basis of equal opportunity to all.
Historical background of NALSA
- The earliest Legal Aid movement appears to be from the year 1851 when some enactment was introduced in France for providing legal assistance to the indigent.
- In Britain, the history of the organized efforts on the part of the State to provide legal services to the poor and needy dates back to 1944.
- Since 1952, the Govt. of India also started addressing to the question of legal aid for the poor in various conferences of Law Ministers and Law Commissions.
- In different states, legal aid schemes were floated through Legal Aid Boards, Societies and Law Departments.
What are SLSA and DLSA?
- In every State, State Legal Services Authority has been constituted to give effect to the policies and directions of the NALSA.
- It aims to give free legal services to the people and conduct Lok Adalats in the State.
- The State Legal Services Authority is headed by Hon’ble the Chief Justice of the respective High Court who is the Patron-in-Chief of the State Legal Services Authority.
- Similarly, in every District, District Legal Services Authority has been constituted to implement Legal Services Programmes in the District.
- The District Legal Services Authority is situated in the District Courts Complex in every District and chaired by the District Judge of the respective district.
- Other than these, there are Taluka/ Sub-Divisional Legal Services Committee (headed by a senior Civil Judge), High Court Legal Services Committee and Supreme Court Legal Services Committee.
What are the objectives of Legal Services Authorities?
- Provide free legal aid and advice.
- Spread legal awareness.
- Organize Lok Adalat’s.
- Promote settlements of disputes through Alternative Dispute Resolution (ADR) Mechanisms. Various kinds of ADR mechanisms are Arbitration, Conciliation, Judicial settlement including settlement through Lok Adalat, or Mediation.
- Provide compensation to victims of crime.