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09/04/2021 - Indian Polity

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April 09, 2021

A just outcome of a legal process is far more important than expeditious disposal of cases in Indian judicial system. In the context of National Lok Adalats, Explain. (200 Words)

Refer - The Hindu

Enrich the answer from other sources, if the question demands.

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IAS Parliament 4 years

KEY POINTS

·        Lok Adalats were established to make justice accessible and affordable to all. It was a forum to address the problems of crowded case dockets outside the formal adjudicatory system.

·        National Lok Adalats (NLAs) organised under the aegis of NALSA settle a huge number of cases across the country in a single day.

·        Lok Adalats offer parties speed of settlement, as cases are disposed of in a single day, there is no strict application of procedural laws such as the Code of Civil Procedure, 1908, and the Indian Evidence Act, 1872.

·        To overcome the challenges posed by the COVID-19 pandemic, e-Lok Adalats were organised at both national and State level.

·        However, besides efficiency and speed, Lok Adalats both online and offline should focus on the quality of justice delivered.

·        The Supreme Court, in State of Punjab vs Jalour Singh (2008), held that a Lok Adalat is purely conciliatory and it has no adjudicatory or judicial function.

·        As compromise is its central idea, there is a concern, and perhaps a valid one, that in the endeavour for speedy disposal of cases, it undermines the idea of justice.

·        In a majority of cases, litigants are pitted against entities with deep pockets, such as insurance companies, banks, electricity boards, among others.

·        In many cases, compromises are imposed on the poor who often have no choice but to accept them.

·        In most cases, such litigants have to accept discounted future values of their claims instead of their just entitlements, or small compensations, just to bring a long-pending legal process to an end. 

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