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GS Paper 2 10 marks · 150w 9 min Medium

Explain and distinguish between Lok Adalats and Arbitration Tribunals. Whether they entertain civil as well as criminal cases?

Subtopic: Judiciary · alternative dispute resolution

Model answer outline

How to structure your answer

Introduction (ADR to reduce pendency) → Lok Adalats: nature and basis → Arbitration Tribunals: nature and basis → key distinctions → jurisdiction over civil and criminal cases → Conclusion
Full model answer

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.

Key points

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.
Examples to use

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
Keywords / terms

Terminology to weave into the answer

alternative dispute resolutionLegal Services Authorities Act 1987compoundable offencesarbitration agreementdeemed decreeArticle 39A

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