Permanent Lok Adalat (PLA)
Introduction
Permanent Lok Adalat (PLA) was established by the Legal Services Authorities Act in 2002 to deal with cases
involving public utility services.
Permanent Lok Adalats (PLAs) are one of the most effective Alternative Dispute Resolution (ADR) tools in
India.
PLAs are special tribunals established by the National Legal Service Authority (NALSA) or the State Legal
Service Authority (SLSA) with a pre-litigation attempt to resolve public utility disputes in a timely manner
through compromise.
established to provide a mandatory pre-litigation procedure for conciliation and resolution of Public Utility
Service issues.
the Permanent Lok Adalat has jurisdiction to resolve the dispute, Even if the parties are unable to reach an
agreement ,as long as it does not involve an offence.
Lok Adalats have statutory status under the Legal Services Authorities Act of 1987.
There is no mechanism for an appeal against Lok Adalat's decision.
If the parties are dissatisfied with the Lok Adalat's decision, even though there is no opportunity for an
appeal, they may file a lawsuit.
PLAs are established institutions whose mission is to fulfil the constitutional promise of equal justice for all in
an affordable, efficient, and timely manner.
Historical Background
Lok Adalat resolving disputes through mediation, negotiation, or arbitral process known as "Peoples' Court
verdict" or decision of "Nyaya-Panch."
Lok Adalat camps were first established in Gujarat in March 1982, and have since spread throughout the
country.
Considering the challenges faced by the Lok Adalats, the parliament in 2002 made some amendments to the
Legal Services Authorities Act, 1987.
The aforementioned amendment added Chapter VI-A with the title “Pre Litigation Conciliation And
Settlement” and established Permanent Lok Adalats (PLA) in various locations to hear cases involving Public
Utility Services (PUS).
Permanent Lok Adalats - Constitutional Provisions
The Lok Adalats were established to fulfil the promise made in the Indian Constitution's preamble: to ensure
the social, economic, and political justice of all Indian citizens.
Article 39A of the Constitution guarantees free legal aid to the poor and vulnerable sections of society and
promotes justice on the basis of equal opportunity.
Articles 14 and 22(1) of the Constitution also require the state to ensure equality before the law.
When it comes to essential services, Chapter VI-A of the Legal Services Authority Act, 1987 requires states to
form a Permanent Lok Adalat for expeditious resolution before going to any regular court.
Permanent Lok Adalats - Composition
The Lok Adalat is composed of the chairman, two members, and one social worker.
The chairman must be a serving or retired judge.A lawyer should be one of the other two members.
Members: Members of the Lok Adalats are the people who decide the cases in the Lok Adalats:
They solely act as statutory intermediaries.
They have no judicial authority.
Permanent Lok Adalats - Jurisdiction
The Permanent Lok Adalat shall have jurisdiction over one or more public utility services, such as passenger
or goods transportation by air, road, or water; postal, telegraph, or telephone services; public supply of
power, light, or water by any establishment; public conservancy or sanitation; services in hospitals or
dispensaries; and insurance services.
The Permanent Lok Adalat's monetary jurisdiction shall be limited up to Rupees One Crore.
The Permanent Lok Adalat has no jurisdiction over any matter relating to an offense that is not
compoundable under any law.
Permanent Lok Adalats – Significance
During the conduct of conciliation proceedings under sub-section (4), the Permanent Lok Adalat assists the
parties in their attempt to reach an amicable settlement of the dispute in an independent and impartial
manner.
When deciding a dispute on merit under this Act, the Permanent Lok Adalat is guided by the principles of
natural justice, objectivity, fair play, equity, and other principles of justice, and shall not be bound by the
Code of Civil Procedure, 1908, or the Indian Evidence Act, 1872.
PLA may specify its own procedure for resolving the dispute before it, and the proceedings will be treated as
judicial.
Every award made by the Permanent Lok Adalat under this Act is deemed to be a civil court decree.
PLA is distinguished by the fact that, unlike Lok Adalat, it is a hybrid mechanism of reconciliation and
adjudication.
If the parties are unable to reach an agreement through conciliation, the Permanent Adalats have exclusive
jurisdiction to decide the matter, provided the dispute is not related to any compoundable offence.
The Permanent Lok Adalat shall have the same powers as a civil court under the Code of Civil Procedure,
1908 for the purpose of holding any determination.
The PLA does not charge a fee for resolving disputes.
Furthermore, the parties have the option of arguing their case without the assistance of a lawyer, allowing
them to save money.
PLAs are government institutions that provide CON-ARB (conciliation-cum-arbitration) ADR with the pre-
defined procedure, rules, panel composition, and qualifications, and are currently located in 298 different
'places' across India.
Permanent Lok Adalats – Criticism
While PLA is one of the country's fastest-growing ADR institutions, its jurisdiction to hear only matters
relating to public utility services needs to be expanded.
there should be a clear definition of the term "persons with adequate experience in public utility service."
As a result, in order to preserve the spirit of the PLA, the government must establish a timetable.
Conclusion
PLAs are undoubtedly a highly effective, litigant-friendly, and less-expensive mechanism for resolving certain
serious disputes.
In the changing economic landscape of the country, where insurance, communication, and other services are
being made available to corporate behemoths, it is all the more important to provide cost-effective and
time-efficient dispute resolution tools.
