PROCESS OF LITIGATION FREQUENTLY BECOMES A PUNISHMENT: CJI

Why in the News?

  • Chief Justice of India D.Y. Chandrachud highlighted the burdensome nature of prolonged litigation, emphasizing the need for alternative dispute resolution mechanisms.
  • The remarks were made during the commemoration of the week-long Special Lok Adalat at the Supreme Court.
  • The CJI stressed the importance of Lok Adalats in providing a forum for amicable settlements.

Details of the Topic

  • Issue Highlighted: Long-winded litigation exhausts the public and often turns into a punishment.
  • Event: Week-long Special Lok Adalat at the Supreme Court.
  • Role of Lok Adalats: Provides an alternative dispute redressal mechanism by settling pending cases amicably.

Key Statements

  • CJI D.Y. Chandrachud:
    • Mentioned the public’s need for quicker dispute resolution.
    • Emphasized giving ownership to advocates over the institution of Lok Adalats.
  • Lok Adalat Panels: Each panel consisted of two judges and two members of the Bar.
  • Support: Received support from the Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA).

Purpose and Outcome

  • Purpose of Lok Adalats: To bring justice to the homes of people and ensure that the judiciary is a constant presence in their lives.
  • Initial Skepticism: Began with seven benches with doubts about its success, expanded to 13 benches by Thursday due to high work volume.
UPSC Prelims Related Facts and Figures

Lok Adalats

  • Statutory Status: Lok Adalats have been given statutory status under the Legal Services Authorities Act, 1987, making their awards enforceable as a decree of a civil court.
  • Authority: They can settle disputes that are pending in courts or at pre-litigation stages, covering civil cases, matrimonial disputes, land acquisition cases, and compoundable criminal cases. Decisions made by Lok Adalats are binding and final on the parties, and there is no provision for an appeal against the decision, ensuring quick resolution.
  • Amicable Resolution: The primary objective of Lok Adalats is to facilitate amicable settlements through mediation and conciliation, promoting a culture of peace and harmony in dispute resolution.
  • NOTE: Lok Adalats are constituted under the Legal Services Authorities Act, 1987, not directly under any specific article of the Constitution. However, the establishment and functioning of Lok Adalats are in alignment with Article 39A of the Indian Constitution, which mandates the State to provide free legal aid.