Explain and distinguish between Lok Adalats and Arbitration Tribunals. Whether they entertain civil as well as criminal cases?
Subtopic: Judiciary · alternative dispute resolution
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Detailed model answer
177 words · target 150 words · 9 min
To decongest courts and widen access to justice under Article 39A, India relies on Alternative Dispute Resolution mechanisms. Lok Adalats and Arbitration Tribunals are two distinct forms.
Lok Adalats
Statutory bodies under the Legal Services Authorities Act, 1987, they settle disputes by conciliation and compromise. Their award is deemed a decree of a civil court, is final and binding, and admits no appeal. Permanent Lok Adalats (Section 22-B) handle public-utility disputes.
Arbitration Tribunals
Constituted under the Arbitration and Conciliation Act, 1996, they arise from a prior arbitration agreement between parties who appoint arbitrators. The tribunal adjudicates on merits and delivers a binding award enforceable as a court decree, with limited grounds of challenge under Section 34.
Key distinctions
- Basis: Lok Adalat rests on mutual compromise; arbitration is adjudicatory.
- Cost and appeal: Lok Adalats are free with no appeal; arbitration involves fees and limited judicial review.
Civil and criminal cases
Lok Adalats entertain civil matters and compoundable criminal cases that can be settled by compromise, but not non-compoundable offences. Arbitration Tribunals deal only with civil and commercial disputes; criminal matters lie entirely outside their scope.
What an examiner expects to see
- Both are ADR mechanisms advancing access to justice under Article 39A and reducing pendency.
- Lok Adalats are statutory under the Legal Services Authorities Act, 1987, and work by compromise.
- A Lok Adalat award is a deemed civil-court decree, final, binding and non-appealable.
- Arbitration Tribunals operate under the Arbitration and Conciliation Act, 1996, based on an arbitration agreement.
- Arbitral awards are adjudicatory and enforceable as decrees, challengeable only under Section 34.
- Lok Adalats handle civil disputes and compoundable criminal cases, not non-compoundable offences.
- Arbitration Tribunals handle only civil/commercial disputes and never criminal cases.
- Permanent Lok Adalats (Section 22-B) cover public-utility service disputes.
Concrete cases, schemes and judgments
- Legal Services Authorities Act, 1987 (Lok Adalats)
- Arbitration and Conciliation Act, 1996 (arbitral tribunals)
- Permanent Lok Adalats under Section 22-B for public utilities
- National Lok Adalats organised periodically by NALSA