“Grassroots And Alternative Dispute Redressal Mechanisms In

India: A Comparative Analysis Of Lok Adalats, Nyaya Panchayats,

And Free Legal Aid”

Clinical-I Assignment

Submitted by:

Name: Tahera Zufashan

Student ID- 202104882

Roll no. 48

[Link].B (Hons) (7th Semester) (Self Finance Batch)

Faculty of Law, Jamia Millia Islamia

Submitted to:

Prof. Nehal Arif Abbasi

(Faculty of Law, Jamia Millia Islamia, New Delhi)

Date of Submission: 20th November,2024

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ACKNOWLEDGMENT

I would like to express my deepest gratitude to Prof. Nehal Sir for giving me then opportunity
to work on thus assignment titled “Grassroots and alternative Dispute Redressal Mechanisms
in India: A Comparative Analysis of Lok Adalats, Nyaya Panchayats and Free Legal Aid.” His
guidance, encouragement, and insightful feedback have been invaluable throughout the
research and writing process. This assignment has provided me with a deeper understanding of
the role of grassroots legal mechanisms in promoting access to justice in India. I am also
thankful for the valuable resources and support provided, which have greatly enriched my
knowledge of this subject.

Thankyou

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Contents
I. INTRODUCTION......................................................................................................................... 5
A. PROBLEM STATEMENT ............................................................................................................ 6
C. RESEARCH QUESTIONS......................................................................................................... 7
D. HYPOTHESIS ............................................................................................................................ 8
E. METHODOLOGY ................................................................................................................... 11
II. THE ESSENCE OF JUSTICE: WHAT DOES IT ENTAIL? ................................................. 11
III. ACCESS TO JUSTICE .............................................................................................................. 12
IV. WHAT IS ALTERNATIVE DISPUTE RESOLUTION? ........................................................ 13
V. HOW DID THE CONCEPTS OF ADR ARISE? ..................................................................... 14
VI. ANALYSIS AND DISCUSSION ................................................................................................ 16
Section 1: Comparative Analysis of Mechanisms......................................................................... 16
A. LOK ADALAT ....................................................................................................................... 16
1. INTRODUCTION TO LOK ADALAT .................................................................................... 16
2. LEGAL FRAMEWORK ................................................................................................... 17
3. FUNCTIONING AND ORGANISATION ........................................................................... 17
5. WHICH LOK ADALAT TO BE APPROACHED................................................................ 18
6. FEATURES: ...................................................................................................................... 18
7. LEVELS AND COMPOSITION OF LOK ADALATS .................................................... 19
8. PROCEDURE FOLLOWED BY LOK ADALAT................................................................ 21
9. CASES LAWS REGARDING LOK ADALATS IN INDIA ............................................... 22
11. ANALYSING THEIR EFFICIENCY ................................................................................. 23
B. NYAYA PANCHAYATS: VILLAGE COURTS FOR LOCAL DISPUTE
RESOLUTION ............................................................................................................................ 29
1. WHAT IS THE HISTORY OF NYAYA PANCHAYAT? .................................................. 29
2. COMPOSITION AND STRUCTURE OF NYAYA PANCHAYATS IN INDIA .............. 31
3. GRAM NYAYALAYAS .................................................................................................... 32
4. SALIENT FEATURES OF THE GRAM NYAYALAYAS ACT, 2008............................. 34
5. FUNCTIONS OF NYAYA PANCHAYATS ...................................................................... 36
6. PRESENT STATUS OF NYAYA PANCHAYATS ................................................................ 36
8. CHALLENGES FACED BY GRAM NYAYALAYAS:.................................................... 37
9. CASE LAWS DISCUSSING ITS SCOPE AND EFFECTIVENESS .............................. 38
C. LEGAL AID IN INDIA ...................................................................................................... 40
1. HISTORY OF FREE LEGAL AID IN INDIA.................................................................. 41
2. LANDMARK CASES GENERATING LEGAL AID MOVEMENT IN INDIA ............. 42

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 3. CONSTITUTIONAL PROVISIONS RELATING TO LEGAL AID ............................... 42
4. OTHER STATUTES ......................................................................................................... 43
5. LEGAL SERVICES AUTHORITIES ACT, 1987............................................................. 43
6. WHO ARE ENTITLED TO RECEIVE LEGAL AID ...................................................... 45
7. ROLE OF THE NATIONAL LEGAL SERVICES AUTHORITY (NALSA) IN
RENDERING FREE LEGAL AID IN INDIA ......................................................................... 46
8. ROLE OF NGOs ............................................................................................................... 47
9. THE CURRENT STATE OF PRO BONO CASES IN INDIA......................................... 47
10. GOVT. INITIATIVES TO ENHANCE ITS IMPLEMENTATION .............................. 48
11. CASE STUDY .............................................................................................................. 50
12. OBSTACLES TO LEGAL ASSISTANCE ................................................................... 52
SECTION 2: PROPOSED REFORMS AND POLICY RECOMMENDATIONS ................... 53
SECTION 3: COMPARTIVE EVALUATION ............................................................................. 56
SECTION 4: PREFERENCE AMONG PEOPLE ....................................................................... 57
VII. CONCLUSION ........................................................................................................................... 58
VIII. REFERENCES .......................................................................................................................... 59

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I. INTRODUCTION
Alternative Dispute Resolution (ADR) has emerged as a vital tool in modern legal systems,
especially in countries like India, where the judicial backlog has become a significant
concern. The evolution of technology has further commercialized and globalized the
world, making traditional litigation less feasible for individuals and businesses seeking
swift resolutions. The inefficiencies of the formal judicial process, marked by lengthy
delays and procedural complexities, have highlighted the need for alternative mechanism.
The popular saying “Justice delayed is justice denied” resonates strongly in developing
countries, where court backlogs have eroded public trust in the judicial system.

In response to this challenge, ADR mechanisms like Arbitration, Mediation, Lok

Adalats and Nyaya Panchayats have been introduced to provide efficient, accessible and
cost-effective means of resolving disputes. These methods offer a way to alleviate the
burden on formal courts and provide quicker resolutions, thus enhancing the overall
accessibility of justice. Countries such as India, Bangladesh and Sri Lanka have adopted
these mechanisms, drawing inspiration from their successful implementation on developed
economies. While litigation remains the primary method of dispute resolution, the growing
recognition of ADR’s benefits marks a shift towards a more balanced and accessible legal
framework.

The inclusion of legal aid under the Indian Constitution through Article 39A1 was
significant step in ensuring access to justice for all citizens, regardless of their financial
status. Introduced as a part of the Directive Principles of State Policy, article 39A
mandates the state to provide free legal aid, emphasizing the need to offer legal services to
the indigent and disadvantaged sections of the society. This provision was reinforced by
the enactment of the Legal Services Authorities Act, 1987, which aimed to establish a
more inclusive and accessible justice system.2

The concept of Lok Adalat, or “People’s Courts” is deeply rooted in India’s socio-legal
landscape, emerging as a pivotal alternative conventional litigation. Lok Adalat were first
introduced in Gujarat in 1982, designed to address the overwhelming backlog of pending
cases in the Indian Judicial system.3

1
The Constitution of India
2
Legal Services Authorities Act, Act 39 of 1987
3
Bisht J.S. (2004), “Lok Adalat: A Mechanism of Alternate Dispute Resolution,” 31 Indian Bar Review, 165 at
p179.

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 The concept of Nyaya Panchayats has historical roots in ancient India, where village
councils, or Panchayats were responsible for resolving local disputes based on community
norms and traditional values. The term “Panchayat”, derived from “panch”, meaning
“five”. Signifies the traditional practice of having a council of five respected members to
mediate conflicts.

These grassroots approaches cater to the diverse needs of the population, particularly in
rural areas, by providing alternative pathways to resolve disputes outside the formal court
structure, thus enhancing access to justice and addressing the judicial backlog. However,
these methods suffer from many anomalies, such as socio-cultural barriers, lack of
awareness about ADR mechanism, and challenges in effective implementation. Despite
being well-enumerated in legislation and the Constitution, the practical application often
falls short, with limited reach and inadequate infrastructure hindering their full potential
to provide timely and equitable justice.

Although Lok Adalats and Nyaya Panchayats may appear similar in their grassroots
approach to resolving disputes, they differ significantly in methods, scope and
effectiveness. This paper will explore the distinct ways in which each mechanism handles
dispute resolution and highlight their respective strengths and limitations. Through a
comparative analysis, the author will examine various case studies to understand which
method is preferred by people and why. The discussion will also focus on the satisfaction
levels of the users, analysing factors that may make one mechanism more effective than
the other in delivering timely and fair outcomes.

A. PROBLEM STATEMENT
India’s judicial system is grappling with a severe backlog of cases, with over 51 million
(5.1 crore) cases pending across all courts, including more than 180,000 cases stuck for
over 30 years in district and high courts. Former Supreme Court judge Justice (Retd.)
Markandey Katju remarked in 2019 that it could take 360 years to clear this backlog if no
new cases are filed, highlighting the magnitude of the crisis. The problem is exacerbated
by factors such as a shortage of judges, frequent transfers, absenteeism, procedural delays
and strikes by advocates, all contributing to the increasing pile-up cases across all levels,
from lower courts to the Apex Court.4

4
"Welcome to NJDG - National Judicial Data Grid", available at: [Link].

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 Given this scenario, Alternative Dispute Resolution (ADR) mechanisms like Lok Adalats,
Nyaya Panchayats, and free legal aid have become essential in enhancing acess to justice.
These grassroots approaches offer swift, cost-effective and community- based solutions,
providing a valuable alternative to the formal court system. They play crucial role in
alleviating the burden on the judiciary and cater especially to marginalized and
economically weaker sections of the society, who often face barriers in accessing formal
legal channels.

B. OBJECTIVE OF THE STUDY

The objective of this study is to conduct a comparative analysis of Lok Adalats, Nyaya
Panchayats as grassroots mechanisms for dispute resolution in India. It aims to identify
methods, scope and effectiveness of each system in handling disputes. By examining various
case studies, the study seeks to understand user preferences and satisfaction levels, analysing
the factors that contribute to the efficiency and fairness of these mechanisms. Ultimately, the
study aims to evaluate the strengths and limitations of Lok Adalats. Ultimately, the study aims
to evaluate the strengths and limitations of Lok Adalats and Nyaya Panchayats in delivering
timely and equitable justice, particularly in addressing the needs of marginalized communities.

C. RESEARCH QUESTIONS

1. What are the structural and functional differences between Lok Adalats, Nyaya
Panchayats, and free Legal Aid in India?
2. How effective are Lok Adalats, Nyaya Panchayats, and Free Legal Aid in ensuring timely
and equitable access to justice for marginalized communities?
3. What are the primary socio-cultural and financial barriers that affect the utilization of Lok
Adalats, Nyaya Panchayats, and Free Legal Aid in delivering justice at the grassroots
level?
4. What reforms or policy changes are necessary to enhance the role of Lok Adalats and
Nyaya Panchayats in addressing justice gaps for disadvantaged communities in India?
5. Which dispute resolution mechanism-Lok Adalat or Nyaya Panchayat is preferred by the
people and what factors contribute to its higher user satisfaction and perceived
effectiveness in resolving disputes?

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D. HYPOTHESIS
“While Lok Adalats are more efficient in resolving legal disputes, Nyaya Panchayats are better
at addressing socio-cultural issues within rural communities due to their localized approach.”

The last chapter of the paper deals with the testing of this hypothesis with the help of the
findings and the analytical research done by the researcher.

E. LITERATURE REVIEW

The alternative dispute resolution system branch in India and beyond offers a wide range of
content in the form of books, journals, and research articles. Even though the idea originated
in India long ago, Indian writers have produced a great deal of work in this area. The researcher
has written the detailed literature of the entire concept in fragmented and dispersed form in
Indian literature since the concept of Lok Adalat is broader and encompasses several features
like conciliation, mediation, etc. The following writers from India have written on Lok Adalat.
They include Madabhushi Sridhar, O. P. Malhotra, Indu Malhotra, M. V. Vijayanthi, Prabha
Bhargava, P. C. Rao, D. K. Sampath, M. N. Srinivas, Dr. S. R. Myneni, S. K. Sarkar, and many
others. Numerous Indian authors have produced insightful books on this subject in the past 20
years. In addition to publications, research articles and Ph.D.-level studies have been created
in the field of law. Following account gives the contribution of foreign and Indian writers.
BOOKS, RESERCH ARTICLES AND WRITERS

Only a small number of Indian legal scholars have written about Lok Adalat, Nyaya Panchayat,
and free legal aid. There aren't many comprehensive resources on these ideas available in India.
These grassroots mechanisms, how they operate, and the laws that govern them are all strewn
among several literature. Numerous novels have been written since. Negotiation and mediation
are two alternative dispute resolution methods. According to Madabhushi Sridhar, first edition,
LexisNexis, Butterworth's, New Delhi, India, 2006, Nyaya Panchayat is one form of alternative
dispute resolution, whereas Lok Adalat is another. G. K. Kwatra, New Delhi, 2004,
International Trade center (Publication)], The law and practice of Arbitration and Conciliation,
2nd ed., O.P. Malhotra, Indu Malhotra ,2006 This is LexisNexis Butterworth. Legislation
concerning Lok Adalats and Legal aid. In its third edition, Orient Publishing Co. delves into
the specifics of Lok Adalat and how it is implemented in India through state laws pertaining to
legal services. The writers of Kane, History of Dharmashastra, Vol. III, 1946, P 242],
International Law Governing Commercial Arbitration & Lok Adalat (M.V. Vaijayanthi, 1999),
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provided a straightforward explanation of the concepts and characteristics of each alternative
dispute settlement method. Upendra Baxi and Marc Galanter, Panchayat Justice: An Indian
Experiment in LegalAccess, in Vol. III Access to Justice 341 (Mauro Cappelletti & Bryant
Garth eds., 1979); Sunil Deshta, Lok Adalats in India: Origins and Operation: People's
Programme for Speedy Justice (Deep & Deep Publications 1995).The content of Lok Adalat,
its ramifications in Indian society, and its role as an alternative conflict resolution mechanism
was contributed by these distinguished authors. Lok Adalat: Justice at the Door Steps, Prabha
Bhargava (INA Shree Publishers 1998). The writers of Lok Adalat and the Poor: A Socio-
Constitutional Study (Ashish Pub. House 1993) and M.G. Chitkara described how Lok Adalat
functions and is used as a method that is well-liked and accepted in Indian culture as a whole.
Conciliation in India: Its Operation and Efficiency, B. R. Patil (Chugh Publications 1977).
Legal Service Clinic, National Law School of India University, 1991; D. K. Sampath,
Mediation: Concept and Technique in Support of Dispute Resolution. M. N. Srinivas, Caste in
Modern India and Other Essays 112 (Asia Pub. House 1962), A Study of Conflicts in an Indian
Village. A few clauses in legislative acts, constitutional provisions.

The following are the concepts of Lok Adalat, Nyaya Panchayat, and free legal aid that have
been covered in several publications in one of the book's chapters: M. P. Jain, Indian
Constitutional Law, 5th ed., 2003, Wadhawa publishing, Nagapur, and Dr. J. N. Pandey,
Constitutional Law of India, 47th edition, 2010, Central Law Agency, address constitutional
provisions that support the Lok Adalat system, Nyaya Panchayat, and free legal aid.
Professionals Bare Acts: Notaries Act, 1952, Family Court Act, 1984, S. K. Mishra, Labour
and Industrial Law of India, Third Edition, 2005, Allahabad Law Agency Prof. G.C.V. Subba
Rao's Family Law, C. K. Takwani's Civil Procedure, sixth edition, Eastern Book Co., and Dr.
S. R. Myneni's Code of Civil Procedure and Limitation Act, First Edition, 2006, Asia Law
House. G.C.V. Subba Rao's Family Law in India, Ninth Edition, 2006, revised by Drs. T. V.
Subba Rao and Vijender Kumar The effectiveness of Lok Adalat as a conflict settlement
process was summed up by S. Gogia and Co. This contains a number of research articles written
by different Indian scholars in the fields of management and law. Such studies are published in
nearly all of the top Indian research journals; however, ICA's Arbitration Quarterly, Nyayadeep,
and others make significant contributions. The following are important articles: Anurag K.
Agarwal, "Lok Adalat" in India: The Role of Alternative Dispute Resolution Methods in the
Development of Society (Indian Institute of Management Ahmedabad, Res. & Publication
Department, Working Paper No. 2005-11-01, Nov. 2005), accessible at

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[Link] (last visited November
13, 2024) explains India's Lok Adalat system of alternative dispute resolution. After providing
some background information on the history of ADR and Lok Adalats in India, the article goes
on to explore the advantages, pertinent laws, and the process of Lok Adalats in India. The essay
ends with a hopeful assessment of Lok Adalats' prospects and potential obstacles to the system's
development. Many authors have contributed research articles about the Lok Adalat system
and its modes to the national research magazine, which is edited by NALSA, Nyayadeep. Lok
Adalat vs. Conciliation by Dr. Tahali Charan Mohanty, Establishment of Permanent Lok Adalat
by J. S. Bisht, and Indian Bar Review, a national publication issued by the Bar Council of India
Trust. Among the pieces published in the journal are Lok Adalat vs. Conciliation by Dr. Tahali
Charan Mohanty, among others. The practical challenges of implementing Section 89 of the
code of civil process were covered in Justice R. V. Ravindran's excellent paper on the ADR
system, Section 89: Need for Urgent Relook, published in the Supreme Court Cases Journal.
120th Report of the Law Commission of India on Manpower Planning in the Judiciary: A
Blueprint, Ministry of Law, Justice and Company Affairs, Government of India (1987) 39,
176th Report of the Law Commission of India, 77th Report on Delay and Arrears in Trial
Courts, 1978 2005; [Link].

Another paper “In search of Nyaya Panchayats: The politics of a Moribund Institution” by
Catherine S. Meschievitz and Marc Galanter examines the evolution and the current state of
Nyaya Panchayats in India, highlighting their historical significance and subsequent decline.
Reffered to online website like Geeks for Geeks which explain Nyaya Panchayat as an ADR,
its fuctions, composition, evolution, salient feature, present status, its need and comparative
analysis and challenges faces by it also future prospect. Referred to Indian Kanoon for various
case pertaining to Nyaya Panchayats. An article published on Ipleaders blog on “A study on
Gram Nyayalayas Act, 2008 which highlights its establishment, jurisdiction, procedure to be
followed under it, appeals against its verdict, contemporary relevance of the Act also short
comings of Gram Nyayalayas.

For legal aid particularly referred to articles available in addition to aforementioned books.
Particularly article on Manupatra titled “Legal Aid in India: Current scenario and future
challenges” by Akarshita Singh (Last visited on 13th November, 2024) explains history of Legal
Aid in India then enumerates provisions under Indian Constitution supporting Legal aid in India
and enactment of Legal Services Authorities Act, 1987 and the subsequent founding of NALSA
in 1995 and ending with discussing obstacles to Legal Assistance. Also, referred to paper on

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 Bharati Law Review titled “Constitutional Provisions for Legal Aid in India” by Ms. Silky
Mukherjee discussing its origin from various international covenants like UDHR, ICCPR
among others also mentions various landmark case generating Legal Aid Movement in India.

E. METHODOLOGY
The research methodology for this project adopts an empirical approach. Integrating
multidisciplinary techniques to gather and analyse primary and secondary data. By
utilizing case studies, government reports, academic articles and statues, the study
critically examines the effectiveness of Nyaya Panchayats, Lok Adalats and free Legal
Aid. A comparative analysis is conducted to assess the strengths and weaknesses of this
legal mechanism. The research also relies on no-doctrinal methods, drawing on diverse
sources to provide a comprehensive perspective on the subject. However, the study faces
limitations due to the unavailability of recent data, particularly regarding the number of
cases resolved by Lok Adalats and the effectiveness of Nyaya Panchayats as of 2024.

II. THE ESSENCE OF JUSTICE: WHAT DOES IT ENTAIL?

The concept of justice evokes ideas of the rule of law, resolving disputes, and organizations
that make and uphold the law. Fairness and acceptance of the equality principle are
fundamental components of justice.5 As stated in the Preamble, it is the ultimate goal of
the Indian Constitution in its widest definition, which includes social, economic, and
political justice. Through Parts III and IV, which deal with Fundamental Rights and the
Directive Principles of State Policy,6 respectively, the framers of the Constitution have
achieved this crucial objective. The guarantee of effective justice for all citizens is
embodied in several important clauses, including Articles 14, 22, 32, and 226.
Internationally, justice is also acknowledged as a basic human right. According to Article
8 of the Universal Declaration of Human Rights, “Everyone has the right to an effective
remedy by the competent courts for acts violating the fundamental rights granted to him
by the constitution or by law.”7 In a similar vein, equality before courts and tribunals is
guaranteed by Article 14 of the International Covenant on Civil and Political Rights.8

5
S. MURLIDHAR, LAW, POVERTY AND LEGAL AID: ACCESS TO CRIMINAL JUSTICE 1 (1st ed., 2004)
[hereinafter S. MURLIDHAR]
6
The Constitution of India
7
Universal Declaration of Human Rights (UDHR) , U.N. Doc A/810 at 71 (1948), s.8
8
International Covenant on Civil and Political Rights, 1976. s.14

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 Since justice is a basic service that a welfare state owes to its residents, denial of it
compromises the legitimacy of any judicial system.
But simply stating that everyone is entitled to justice is inadequate and falls short of
defining justice in its entirety. The state must ensure effective access to justice through
affirmative action in order to realize the vision of justice intended by the Constitution's
drafters. The idea of justice is still an unmet promise if this access is not guaranteed.9

III. ACCESS TO JUSTICE

The concept of justice as a whole is inextricably linked to access to justice. Ensuring access
to justice is meant to serve two basic goals: first, to ensure that everyone can use the legal
system to seek redress, regardless of their social or economic standing or any other
limitations; and second, to ensure that everyone is treated fairly and justly within the legal
system. The phrase “Access to Justice” basically means ensuring that all societal
segments, especially underprivileged ones, have access to the formal processes and
structures of the judiciary. In order to guarantee equitable access for everyone, it entails
removing the legal, financial, social, and political obstacles to justice.10

Through Public Interest Litigation (PIL), the Indian judiciary made a major attempt to
uphold the right to seek justice in the late 1970s. For many, this process has been crucial
to achieving their right to seek justice. Legal aid has also been acknowledged by court
rulings as a component of the fundamental right to life guaranteed by Article 21 of the
Constitution.11 The right of an arrested individual to legal representation was already
established under Article 22, but the constitutional rights of access to justice under
Articles 14 and 21 were not interpreted by judges until the late 1970s. No one who is
arrested may be refused the opportunity to speak with any lawyer of their choice, according
to Article 22(1).12

The Supreme Court said in the case of In Re Keshav Singh that “The existence of judicial
power in that behalf must necessarily and inevitably postulate the existence of a right in
the citizen to move the court in that behalf.” 13The Court noted in Bihar Legal Support

9
JOHN RAWLS, A THEORY OF JUSTICE 11 (Harward University Press, 1st ed., 1971); see also
[Link], supra note 2
10
S. MURLIDHAR, supra note 2
11
M H Hoskot v. State of Maharashtra, (1978) 3 S.C.C. 544 (India)
12
The Constitution of India
13
Keshav Singh v. Speaker, Legislative Assembly, A.I.R. 1965 S.C. 745 (India)

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 Society v. The Chief Justice of India & Ors.14 that the poorer segments of Indian society
have long been denied access to justice because of their ignorance, poverty, and illiteracy.
Because they are unable to obtain justice, the majority of people continue to be victims of
an exploitative society in which a small number of people hold all the economic power,
maintaining their dominance over vast swaths of the population.

Therefore, equal access to justice is emphasized in both the Constitution and the legal
system. According to this theory, the most impoverished members of society shouldn't be
denied access to the legal system only because they are unable to pay for legal counsel or
court costs. The Constitution (42nd Amendment) Act of 1976, which added Article 39A
requiring equal justice and free legal aid, was a crucial court intervention. The
constitutional commitment to providing justice for everyone is strengthened by the
inclusion of the right to legal aid as a directive principle, which does not lessen its
significance or enforceability.

IV. WHAT IS ALTERNATIVE DISPUTE RESOLUTION?

The term “alternative dispute resolution” (ADR) refers to a variety of dispute resolution
techniques that assist the disputing parties in reaching a settlement without going to court
or engaging in litigation. These techniques typically entail a third party who assists them
in resolving conflicts. ADR techniques are frequently employed in conjunction with the
litigation process with permission from the court.
ADR encompasses several processes such as arbitration, mediation, conciliation,
negotiation, expert determination, mini-trial, Dispute Resolution Board, Lok Adalat, and
early neutral evaluation by a third party. Around the world, judges, attorneys, and parties
are adopting alternative dispute resolution (ADR) methods in place of court action. ADR
services are offered by arbitral institutions to settle civil disputes outside of the
overburdened court system more quickly, cheaply, and amicably. ADR gives the parties
innovative conflict resolution solutions that aren't found in conventional dispute resolution
forums. ADR encourages dialogue between the parties. By concentrating on the parties'
actual interests rather than their views and claims, alternative dispute resolution (ADR)

14
Bihar Legal Support Society v. The Chief Justice of India & Ors., A.I.R. 1987 S.C. 38 (India)

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 allows the parties to collaborate in order to resolve the true issues that underlie the
conflict.15

V. HOW DID THE CONCEPTS OF ADR ARISE?

Article 39A of the Constitution stipulates that every person must have an equal opportunity
to attain justice, free from financial barriers or other restrictions, according to the 222nd
Report of the Law Commission of India.16 The general public's "access to justice" in
India has been hindered by a number of problems, including poverty, ignorance, illiteracy,
and social and political backwardness. Many people believe that the legal system is onerous
because they cannot afford to hire legal counsel and are not knowledgeable with the
procedures involved in the legal system. Many nations deal with similar inefficiencies, so
this issue is not specific to India. Alternative Dispute Resolution (ADR) procedures have
been developed to address these problems and lessen the burden that a backlog of
outstanding cases is placing on courts.

The Indian government amended the antiquated Arbitration Act of 1940 with the
Arbitration and Conciliation Act of 1996 in response to rules issued by the United
Nations Commission on International Trade Law (UNCITRAL). Additionally, a major
legislative move in support of ADR methods was the adoption of Section 89 of the Code
of Civil Procedure, 1908. Introduced by the 42nd Amendment to the Constitution in 1976,
Article 39A places a strong emphasis on free legal aid and equal justice for all people,
especially those with financial and other impairments. In the landmark decision of
Hussainara Khatoon v. State of Bihar (1979),17 the Supreme Court of India acknowledged
the “right to a speedy trial” as a necessary component of the right to life and personal liberty
guaranteed by Article 21 of the Constitution. To give effect to these mandates, Parliament
has recognized various ADR methods, such as arbitration, conciliation, mediation and lok
adalats, aiming to enhance fair administration of justice and streamline the judicial system.

Section 89 of the Code of Civil Procedure explicitly facilitates the resolution of disputes
through ADR. It provides that if a case is referred to a Lok Adalat, it must be done in
accordance with Section 20(1) of the Legal Services Authorities Act, 1987. For judicial

15
Khanwilkar A. M. (2005); “Need of Revitalise ADR Mechanism," 6 Nyaya Deep, p.60.
16
Law Commission of India, “222nd Report on Need for Justice Dispensation through ADR Etc.
17
MANU/SC/0119/1979 : AIR 1979 SC 1360

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 settlements, the court refers the matter to a suitable institution or individual, who is then
considered equivalent to a Lok Adalat. The Constitution's framers intended to provide
comprehensive protection of life and personal liberty. While drafting the Constitution, they
chose to maintain a unified judicial structure to avoid disrupting the existing system. Thus,
a uniform judicial framework was preserved for areas such as criminal law, civil procedures,
wills, succession, and contracts.

The Supreme Court is at the top of India's judicial hierarchy, which is then followed by High
Courts for each state or set of states and a chain of lower courts. With clearly defined
litigation procedures and binding court rulings that are appealable to higher courts, this
structure provides a strong means of upholding citizens' rights. However, litigation
frequently fails to address underlying problems between parties and can be expensive and
time-consuming. The system's adversarial structure has the potential to prolong
disagreements, resulting in drawn-out appeals and discontent among those involved. As a
result, many parties look for different ways to settle their disagreements in order to reach
friendly agreements, which encourages a shift in strategy and lowers hostile tensions.18

In his autobiography, Mahatma Gandhi stated his preference for conciliation over litigation.
He talked about his experience practicing law with an emphasis on bringing people together
rather than escalating conflict. Gandhi ji noted “I had learned the true practice of law. I had
discovered how to get inside people's hearts and discover the positive aspects of human
nature. I came to see that a lawyer's main job was to bring people together. The concept was
so ingrained in me that, over the course of my twenty years of practicing law, I spent a
significant portion of my time negotiating private settlements for hundreds of cases. I didn't
lose anything as a result—not even money, and definitely not my soul.” 19
His remarks
highlight the fundamentals of ADR, which aims to resolve disputes amicably, focusing on
the underlying interest of the parties and promoting a focusing on the underlying interest of
the parties and promoting a cooperative rather than adversarial resolution.

18
‘Popularise Mediation in Dispute Resolution’ published in The Hindu on January 31, 2016.
19
[Link]

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VI. ANALYSIS AND DISCUSSION
Section 1: Comparative Analysis of Mechanisms
A. LOK ADALAT
1. INTRODUCTION TO LOK ADALAT
Access to justice is a key value in India that seeks to give everyone, particularly the poor, the
chance to seek legal recourse. However, a sizable section of the population, especially those
from economically challenged backgrounds, have frequently been denied access to justice due
to the court system's protracted hearings and financial obstacles. It is estimated that the vast
majority of Indians are below the poverty line. 5,18,000 villages are home to impoverished
people who are unaware of their legal rights.20 In India, the duration of a civil litigation is
anticipated to be eight to twelve years old.21 The ratio of India has about nine judges per million,
compared to 115 in USA.22 The ratio of advocates to the total population is likewise extremely
low in India in contrast to other developed nations. For India's population of over one billion,
there are about five lakh advocates.23 These facts highlight the severe resource strain that
further detaches many people from justice and a need for a system which would fill this existing
void. Alternative dispute resolution procedures, such as Lok Adalats, have been crucial in
addressing these issues and closing the gap.

Ratio of Judges to Population24

Country Ratio of judges to population (per 10 Lac population)

USA 107 judges
Canada 75 judges
Australia 57.7 judges
England 50.9 judges
India 10.5 judges
As per the Law Commission of India Report, 1987

20
MADABHUSHI SRIDHAR, ALTERNATIVE DISPUTE RESOLUTION: NEGOTIATION AND
MEDIATION 115 (1st ed., 2006).
21
Id.
22
Id.
23
Id.
24
120th Report of the Law Commission of India on Manpower Planning in the Judiciary: A Blueprint, Ministry
of Law, Justice and Company Affairs, Government of India (1987) 39

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2. LEGAL FRAMEWORK
In Gujarat, India, the idea of Lok Adalat, or “People's Court,” was first proposed in 1982 with
the intention of guaranteeing quick, affordable, and easily accessible justice, particularly for
the underprivileged sections of society. At Una in Junagarh district of Gujarat, the first Lok
Adalat was organized on 14th March, 1982. Drawing from the nation's traditional issue
resolution techniques, such as the Panchayat system, which has long been an integral part of
Indian society, it was created as an informal dispute resolution mechanism.

Lok Adalats were formally recognized as a legal assistance system under the Legal Services
Authorities Act of 1987. Lok Adalats are expressly governed by Sections 19 to 22 of the Act,
which provide them the authority to decide civil and some criminal cases. Additionally, this
Act established the foundation for the National Legal Services Authority (NALSA), which is
in charge of the implementation of legal services across the country. In the case of Abul Hasan
and National Legal Service Authority v. Delhi Vidyut Board & Ors,25 the Delhi High Court
issued an order for the establishment of permanent Lok Adalats, further solidifying this access.
Additionally, the Lok Adalat's ruling is final and will be regarded similarly to a civil court's
judgment, improving the access of the impoverished to the legal system.

The way Lok Adalats operate was significantly altered in 2002 by two important amendments
to the Legal Services Authorities Act. The creation of Permanent Lok Adalats, a permanent
body that deals with matters pertaining to public utility services like transportation, postal, and
telecommunication, was made possible by these modifications. Additionally, the amendment
gave courts the authority to send matters to Lok Adalats even in the absence of both parties’
consent when a compromise was thought to be possible.26

3. FUNCTIONING AND ORGANISATION

Lok Adalats may be organized at such intervals and places and for exercising such jurisdiction
and for such areas as State Authority or District Authority or the Supreme Court Legal Services
Committee or every High Court Legal Services Committee or, as the case may think fit.27

25
AIR 1999 Del 88
26
Scott J. Shackelford, In the Name of Efficiency : The Role of Permanent Lok Adalats in the Indian Justice
System and Power Infrastructure (Nov 17, 2024), [Link]
27
Legal Services Authorities Act, 1987; Section 19(1)

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4. NATURE OF CASES TO BE REFERRED TO LOK ADALAT

i. Any case pending before any court.

ii. Any dispute which has not been brought before any court and is likely to be filed before the
court.
Provided that any matter relating to an offence not compoundable under the law shall not be
settled in Lok Adalat.28
5. WHICH LOK ADALAT TO BE APPROACHED
A Lok Adalat has the authority to decide and reach a settlement or compromise between the
parties to a dispute over the following, as per section 18(1) of the Act:
(1) A case that is still pending; or
(2) Any issue that is within the purview of a court that the Lok Adalat is established to hear but
is not brought before it.
However, the Lok Adalat will not have jurisdiction over divorce-related issues or issues
pertaining to offenses that are not punishable by another legislation.29

6. FEATURES:
• These have been set up as permanent bodies.

• It consists of Chairman and two members for providing compulsory pre-litigative mechanism
for conciliation and settlement of cases relating to Public Utility Services like transport, postal,
telegraph etc. It shall not have jurisdiction in respect of any matter relating to an offence not
compoundable under any law. The jurisdiction of the Permanent Lok Adalats is upto Rs. 1
Crore.30
• Before the dispute is brought before any court, any party to the dispute may make an application
to the Permanent Lok Adalat for settlement of the dispute. After an application is made to the
Permanent Lok Adalat, no party to that application shall invoke jurisdiction of any court in the
same dispute.
• It shall formulate the terms of a possible settlement and submit them to the parties for their
observations and in case the parties reach an agreement, the Permanent Lok Adalat shall pass
an award in terms thereof. In case parties to the dispute fail to reach an agreement, the
Permanent Lok Adalat shall decide the dispute on merits.

28
Ibid; Section 19(5)
29
Ibid; Section 18
30
Ibid; Section 22B(1)

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• Every award made by the Permanent Lok Adalat shall be final and binding on all the parties
thereto and shall be by a majority of the persons constituting the Permanent Lok Adalat.
In order to expedite dispute resolution, Lok Adalats are run by a panel that usually consists of
a sitting judge, a lawyer, and a social worker. After a case is sent to Lok Adalat, the panel works
to bring the parties together and come to a mutually acceptable resolution. Any agreement that
is struck is legally binding and documented as a compromise. The panel may resolve the case
on its merits if the parties are unable to come to an agreement.

• One distinctive aspect of Lok Adalats is that the decisions made are considered final and
binding, and appeals are not permitted. A Lok Adalat's ruling is legally binding and is
comparable to a court order.

7. LEVELS AND COMPOSITION OF LOK ADALATS

a. At the State Authority Level:

Each bench of the Lok Adalat would be composed of a sitting or retired High Court judge
or a sitting or retired judicial officer, as well as one or both of the following: a member of
the legal profession; a social worker interested in implementing legal services schemes or
programs; and a member of the State Legal Services Authority, which organizes the Lok
Adalat.
b. At High Court Level:
The secretary of the High Court Legal Services Committee would form benches of the Lok
Adalat, each of which would consist of a current or former High Court judge and one or
both of the following: a member of the legal profession; a social worker interested in
implementing legal services programs or schemes; or a social worker involved in the
upliftment of the weaker sections.
c. At District Level:
Each bench of the Lok Adalat would be composed by a sitting or retired judicial officer
and one or both of the following: a member of the legal profession; a social worker
interested in implementing legal services programs or schemes; or someone involved in
paralegal activities in the area, preferably a woman. The Lok Adalat would be organized
by the secretary of the District Legal Services Authority.

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d. At Taluk Level:
A sitting or retired judicial officer and one or both members of the legal profession, a social
worker interested in implementing legal services programs or schemes, or someone
involved in paralegal activities in the area—preferably a woman—would make up each
bench of the Lok Adalat, which would be administered by the secretary of the Taluk Legal
Services Committee that organizes it.31
e. National Lok Adalat
Lok Adalats at the national level are held on a regular basis, and on a single day, they are
held in all courts from the Supreme Court to the Taluk Levels, where a large number of
cases are decided. Every month since February 2015, National Lok Adalats have been held
on a certain topic.

f. Permanent Lok Adalat

The other type of Lok Adalat is the Permanent Lok Adalat, organized under Section 22-B
of The Legal Services Authorities Act, 1987. Permanent Lok Adalats have been set up as
permanent bodies with a Chairman and two members for providing compulsory pre-
litigative mechanism for conciliation and settlement of cases relating to Public Utility
Services like transport, postal, telegraph etc. Here, even if the parties fail to reach to a
settlement, the Permanent Lok Adalat gets jurisdiction to decide the dispute, provided, the
dispute does not relate to any offence. Further, the Award of the Permanent Lok Adalat is
final and binding on all the parties. The jurisdiction of the Permanent Lok Adalats is upto
Rs. Ten Lakhs. Here if the parties fail to reach to a settlement, the Permanent Lok Adalat
has the jurisdiction to decide the case. The award of the Permanent Lok Adalat is final and
binding upon the parties. The Lok Adalat may conduct the proceedings in such a manner
as it considers appropriate, taking into account the circumstances of the case, wishes of the
parties like requests to hear oral statements, speedy settlement of dispute etc.

g. Mobile Lok Adalats

In order to facilitate the resolution of conflicts through this method, mobile Lok Adalats
are also created around the nation and go from one place to another to settle disputes.
Thus, Lok Adalats play an essential role in India’s landscape, helping to bridge the gap

31
[Link]

Page | 20
 between formal justice systems and the needs of the impoverished, ensuring that justice
remains within reach for all sections of society.

Thus, Lok Adalats play an essential role in India’s landscape, helping to bridge the gap between
formal justice systems and the needs of the impoverished, ensuring that justice remains within
reach for all sections of society.32

8. PROCEDURE FOLLOWED BY LOK ADALAT

8.1. Envisaged under the Legal Services Authorities Act, 1987

8.1.1. Reference by Court or application by party

Where in any case referred to Section 19(5)(i), the parties thereof agree; or one of the parties
thereof makes an application to the court for referring the case to the Lok Adalat for settlement
and if such court is prima facie satisfied that there are chances of such settlement; or the court
is satisfied that the matter is an appropriate one to be taken cognizance of by the Lok Adalat,
the court shall refer the case to the Lok Adalat.33

No case shall be referred to the Lok Adalat except after giving a reasonable opportunity of
being heard to the parties.34

8.1.2 Guidance by the principles of justice, equity and fair play

Every Lok Adalat shall, while determining any reference before it under this Act, act with
utmost expedition to arrive at a compromise or settlement between the parties and shall be
guided by the principles of justice, equity fair play and other legal principles.35

8.1.3. Award of Lok Adalat

Every award of the Lok Adalat shall be deemed to be a decree of a civil court or, as the case
may be, an order of any other court and where a compromise or settlement has been arrived at
by a Lok Adalat in a case referred to it Section 20(1), the court-fee paid in such case shall be
refunded in the manner provided under the Court-fees Act, 1870 (7 of 1870). Every award
made by a Lok Adalat shall be final and binding on all the parties to the dispute, and no appeal
shall lie to any court against the award.

32
Marc Galanter & Jayanth K. Krishnan, Bread for the Poor: Access to Justice and the Rights of the Needy in
India, 55 HASTINGS LAW JOURNAL,801 (2003), [Link]
33
Ibid; Section 20(1)
34
Ibid; Proviso to Section 20(1)
35
Ibid; Section 20(4)

Page | 21
8.1.4. No Appeal Lies:
According to the Indian Supreme Court, it is final and binding for the prize announced by the
local adalat. In cases decided by Lok Adalats, however, there is no appeal. "In our view, Lok
Adalat's award is fictionally treated as Court Decrees and, as it does in accordance with its own
decree, the courts have all the powers to do so. In our view, this requires the power to prolong
the time as desired. In our view, the Lok Adalat award is the decision of the court itself, but it
is by a simplified conciliation procedure rather than by the mechanism of arguments. It has the
same influence. In this respect, it was not stated by the High Court that the award ended the
challenge in the District Court and hence the proceedings between the brothers indefinitely.
The High Court took the view that the intent and purpose of the Legal Services Authority Act
would be fully overwhelmed and that the Lok Adalat decision would not become relevant.

9. CASES LAWS REGARDING LOK ADALATS IN INDIA

1. Madhya Pradesh State Legal Service Authority v. Prateek Jain: In this instance, it was
established that, "typically, when a matter is resolved inLokAdalat, the requirement to adhere
to the Damodar S. Prabhu guidelines should not be disregarded." Nevertheless, if there exists
a distinct reason to deviate from this standard, the Court is not without power, as Damodar S.
Prabhu has granted the Court the ability to reduce costs depending on the specific facts and
circumstances of the case, while providing documented justifications for such departure.36

2. Abul Hassan v. Delhi Vidyut Board and others: It was determined in this instance that a
Lok Adalat, being overseen by a currently serving or retired judge or judicial official, garners
immediate acceptance and credibility. 37

3. [Link] vs Central Bureau Of Investigation: The court determined that

allegations of a conspiracy or fraud leading to a decision by the Lok Adalat should be
thoroughly and carefully investigated. 38

4. M.I. Ibrahim Kutty vs Indian Overseas Bank: According to the ruling, "Section 20(5) of
the Legal Services Authority Act, 1987 applies specifically to situations where Lok Adalat is
unable to achieve a resolution or agreement." Returning papers to the court does not necessarily
mean that the matter has been resolved. 39

36
CIVIL APPEAL NO. 8614 OF 2014
37
AIR 1999 Delhi 88
38
AIR 2005 Mad 335
39
W.P.(MD)No.2148 of 2004

Page | 22
 5. Usharani and Others v. Rajaram- According to this case, once the parties have agreed to an
award, the decision becomes conclusive and no additional appeals are allowed.40

10. COMPARISON OF PROCEDURE OF CIVIL COURTS AND LOK ADALATS

[Link]. Feature Civil Court Lok Adalat

1. Institution of At discretion of party Case may be taken up : On
case application of party or By
reference by Court in which
case is pending
2. Nature of case Litigation commences Pre-litigation and post-
in Court litigation
3. Procedure Rules of Civil Procedure Power to specify its own
Code procedure for the
determination of any dispute
coming before it
4. Guidance by Has to follow Has to follow
the principles of
justice, equity
and fair play
5. Decision/Award Take quite a long time to Required to act with utmost
come to decision after a expedition in arriving at a
lengthy proceeding for compromise or settlement
years.
6. Mandate To decide the matter To determine and arrive at a
compromise/settlement

11. ANALYSING THEIR EFFICIENCY

The author will analyse efficiency of Lok Adalats in disposing of cases by examining various
reports and data available online. This includes reviewing statistics from the National Legal

40
C.R.P.(NPD)(MD)No.2542 of 2012

Page | 23
 Services Authroity (NALSA), state-level legal services authorities and published research
papers. The analysis will focus on evaluating the speed of case resolution, types of cases settled,
and the overall impact on reducing the backlog in the judicial system.

[Link]. Period Lok Adalats held Cases settled % of cases

settled in one
Lok Adalat
1. 1990-1993 122 15408 126%
2. 1994-1997 283 17581 62%
3. 1998-2001 1099 11544 10%
4. 2002-2005 1893 15984 8.4%
5. 2006-2008 1158 9105 7.8%
Table- Success Rate of Lok Adalats On Basis of Number of Lok Adalats held

The success has been declining as the number of Lok adalats being held has increased. One
Lok Adalat claimed to have settled 126% of cases in the first four years, however this
percentage fell precipitously to 7.8% in 2005–2008.
Organizing more adalats is one of the factors contributing to the reduction in success rate might
be diminishing the interest of service providers as well as litigants. Because of more work
pressure, a circumstance that has emerged in the judicial system where complete dedication is
absent from the Lok Adalat members.

• As per data cited on the website of National Legal Services Authority

Since its start, more than 15.14 lakh Lok Adalats have been held nationwide as of 30.09.2015.
To date, this process has resolved over 8.25 crore instances.41

• Report by the ministry of law and justice in 2018

Recounted that on an average more than fifty lakh cases were settled by national lok adalats in
the years 2015, 2016 and 2017. This report
also stated that the Indian states which recorded disposal of less than twenty thousand cases

41
[Link]

Page | 24
 yearly managed to dispose of approximately one lakh cases yearly with the help of Lok
Adalats.42

• In an article published by the times of India

In February, disposal of approximately 125 crore cases till February, 2020 were reported.43

Top Categories of Disposed Cases (2021):

• Criminal Compoundable Cases:

o Pending Cases Disposed: 17,63,233

o Pre-litigation Cases Disposed: 18,67,93

• Revenue Cases:

o Pre-litigation Cases Disposed: 11,59,794

o Pending Cases Disposed: 14,99,558

• Other Categories: Included cheque bounce cases under the NI Act, bank recovery cases,
motor accident claims, labour disputes, and matrimonial cases.

➢ With emphasis on Delhi

As per press release issued by DSLSA, a total of 254,392 cases were referred to Lok Adalat
out of which 171,305 cases were settled by the second National Lok Adalat organised by Delhi
State Legal Services authority dated 12.05.2024.44

➢ CASE STUDY WITH EMPHASIS ON DLSA

1. Goyal Associates vs. Adhir Kalra
A matter titled Goyal Associates v. Adhir Kalra that had been pending since 2009 was settled
in Lok Adalat on 11.09.2021 from the court of Sh. Raghubir Singh, Ld. ADJ (01), East, KKD.
The suit was filed by the plaintiff for a decree of Rs. 15,28,400/- alongwith interest @24 % per
annum. This matter was first referred to Lok Adalat in 2011 but could not be settled. Thereafter,

42
The Times Of India . (2018). Lok Adalats dispose of over 50 lakh cases across country every year. New Delhi
43
[Link]
&entity=Ar01508&sk=DDE56E86&mode=text#
44
[Link]
adalat-in-delhi-124051200031_1.html

Page | 25
 efforts for settlement were made by the court several times. Finally, the matter was amicably
settled in the Lok Adalat.45

2. Nafisa Singh & Ors. V. Deshraj Singh & Ors.

A matter titled Nafisa Singh &Ors. V. Deshraj Singh & Ors was filed in a MACT court way
back in 2016. Due to the efforts of Sh. Vivek Kumar Gulia, Ld. PO MACT (East), the matter
was settled in Lok Adalat on 11.09.2021 for a sum of Rs 8,50,000/-. The settlement in Lok
Adalat saved time and efforts of the parties as well as the court and was testimony to the fact
that ADR is always beneficial for all the stakeholders.46

3. Sonu v. M/s DTC

In this case, an attempt was made to settle the matter by providing the worker with a full and
final settlement, which the worker ultimately agreed to after being persuaded by the court and
the Authorized Representatives for both parties. This was because the worker's working days
with the management were less than 240 days in the previous year, and the actual working
period was approximately 4-5 months. The management immediately made the payment. The
dispute was resolved once the parties' statements were documented.47

4. Anil Kumar Mishra v. M/s Shiva Scientific Co. & Kusumwati v. M/s Shiva Scientific Co.
In this instance, the employer-employee relationship was first contested by a husband and wife
who were both working for the management. A settlement of ₹1,75,000 was reached during
pre-sitting negotiations, with ₹75,000 going to Kusumwati and ₹1,00,000 going to Anil Kumar
Mishra. To guarantee a complete resolution, the case was postponed to the Lok Adalat on April
8, 2017, when Anil voiced concerns over check encashment. Both sides turned down the first
offer on the appointed day, believing it to be insufficient. The court and ARW Sh. A.V. Shukla
persuaded them to accept the settlement after roughly an hour, and the issue was finally
settled.48

45
[Link]
46
[Link]
47
LIR No. 1274120LG
48
LIR No.2887/16 & 1591/16

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12. ADVANTAGES OF LOK ADALAT

1. There is no need for a court fee, and if one has already been paid, it will be reimbursed if
Lok Adalat resolves the matter. In short, it is less costly.

2. Effective dispute settlement and procedural flexibility are hallmarks of Lok Adalat.
Procedural standards like the Evidence Act and the Civil Procedure Code are not strictly
enforced when evaluating Lok Adalat's claim.

3. Parties are given the opportunity to address their concerns freely without worrying about
being revealed in a court of law.

4. High Case Disposal Efficiency: Millions of cases have been settled by Lok Adalats since
their establishment. According to reports, a sizable portion of cases are resolved quickly, which
lessens the workload for conventional courts.

5. Grassroots Approach: Lok Adalats improves the effectiveness and accessibility of the legal
system by working locally and incorporating community people in the resolution process.
6. Promoting Settlement: Lok Adalats are designed to promote out-of-court settlements. In
order to preserve relationships and prevent protracted arguments, the parties are urged to reach
a mutually agreeable conclusion.

13. CHALLENGES AND CRITICISMS OF THE CURRENT LOK ADALAT SYSTEM

1. The objective of lok adalat was to circumvent stringent norms of evidence and process so that
the impoverished litigants, who probably don't know much about the law, may communicate
openly with the court and present their case. This would make the courts more accessible and
eliminate the need for people to employ an attorney. Furthermore, the poor plaintiffs are freed
from the never-ending cycle of a case in which their opponents take advantage of the judicial
system to avoid paying compensation because there is no appeal from the lok adalats verdict.49
However, under the current lok adalat system, this goal has not materialized. Before the matter
is swiftly "resolved" in a settlement suggested by the attorneys, poor litigants frequently do not
get an opportunity to speak. By settling issues in their favour, the stronger party is able to avoid
paying costs that might have otherwise been incurred.50 Instead of "justice," the focus is on

49
Scott J. Shackelford, In the Name of Efficiency: The Role of Permanent Lok Adalats in the Indian Justice
System and Power Infrastructure (Nov 12,2024), [Link] [hereinafter Shackelford].
50
Id

Page | 27
 "settlement" of cases. "Subtle and coercive" measures were employed to persuade litigants to
reach a compromise when a settlement could not be achieved.51

2. The truth is that there are a lot of cases that are presented before the Lok Adalat, and parties
may have had to pay a lot of money for legal fees and other extra costs.

3. Rather than being disputes between persons, the majority of cases brought before the Lok
Adalat involve disputes with non-living things. Claims for auto accidents, phone bills, and the
electricity board are a few examples.

4. A group of retired judges and other individuals with the required training and local knowledge
are selected to serve as Lok Adalat's presiding officers. These officials' insufficient training
often prevents them from persuading the parties to reach a mutually agreeable agreement.

5. Award Execution: Lok Adalats have the authority to grant awards but not to enforce them.
This makes the procedure more difficult since, even after a settlement, the parties still have to
go to ordinary courts to enforce the rulings.

6. Jurisdictional Scope: Lok Adalats exclusively deals with specific kinds of cases. For
example, they only have jurisdiction over criminal cases involving cognizable offenses, not petty
crimes.

7. Insufficient Resources: The efficiency of Lok Adalats may be impacted by questions

regarding the sufficiency of the facilities and skilled staff.

8. Public Awareness: The general public's knowledge and acceptance of Lok Adalats is still
developing, despite its growth. To encourage people to use this method, more awareness is
required.

Robert Moog, Conflict and Compromise: The Politics of Lok Adalats in Varanasi District, 25(3) LAW &
51

SOCIETY REV., 545-570 (1991), [Link] [hereinafter Robert Moog].

Page | 28
B. NYAYA PANCHAYATS: VILLAGE COURTS FOR LOCAL DISPUTE RESOLUTION
Established under certain state laws to settle small local issues, Nyaya Panchayats are village
tribunals with civil, criminal, and tax jurisdiction. They go by several names in different states,
including Kachheri, Gram Nyayalya, Nyaya Panchayat, and Panchayat Adalat. Panchayats
must be established at the village, intermediate, and district levels in every state in accordance
with Article 243B of the Indian Constitution. The judicial and administrative power was
previously held by local Panchayats, which were made up of village elders. However, in states
like West Bengal, Madhya Pradesh, and Uttar Pradesh, Delhi the modern Nyaya Panchayats
have been formally established by legislative enactments.
An essential part of the Panchayat system, Nyaya Panchayats concentrate on employing natural
justice principles to settle minor civil and criminal cases. The Ashok Mehta Committee
suggested these courts in 1977 as a means of resolving disputes at the village level. Known as
"Panchas" or "Panchayat members," they are composed of esteemed members of the local
community and serve as a voluntary, easily accessible, and culturally appropriate dispute
resolution forum.
Nyaya Panchayats deal with minor criminal charges as well as civil disputes such property
disputes, family disputes, and land-related conflicts. Their power is restricted; they are unable
to condemn people to jail but can levy penalties of up to ₹100. The decision-making process is
frequently impacted by agreement and community standards, which makes it a popular choice
for villagers looking for a quick and culturally familiar justice system.52

1. WHAT IS THE HISTORY OF NYAYA PANCHAYAT?

The idea of a Nyaya Panchayat, a customary method of settling conflicts within communities,
has its origins in ancient Indian civilization. Panchayats were traditionally thought of as mainly
serving as a venue for mediation and arbitration as well as tools for upholding law and order.
These Panchayats' rulings were called “awards,” and the judges—known as Panchs—were
well-respected members of the community. Kula, Sreni, and Puga were the three tiers of
judges that were acknowledged in the Panchayat system of ancient India. The fact that Sreni
and Puga could both change Kula's choice suggests a hierarchical framework in which
decisions were susceptible to review. During that period, Panchayat rulings were legally
binding and enforceable.

52
‘Role of Panchayats in Dispute Resolution’ Hans News Service by Pradeep Kumar Panda in HANS INDIA on
12th Nov, 2024.

Page | 29
➢ Medieval and Ancient Period: Villages in ancient Hindu times had a great deal of autonomy,
with Panchayats handling both judicial and administrative functions. However, because the
original Panchayat system did not fit with the centralized governing concept, this system
declined during the Muslim era. Despite surviving in a reduced capacity, the Panchayats'
power was mostly limited to social issues pertaining to village communities.
➢ British Colonial Era: Under British rule, attempts were made to formalize local legal
systems during British control. One important piece of legislation that gave village
administrations official administrative and judicial powers was the Village Courts Act of
1888. Two types of village courts were established in the Madras region as a result of the Act's
subsequent amendments in 1920 and 1951. One type was headed by a village Munsif, while
the other was established as an elected panchayat court, consisting of five to fifteen members.
In order to manage minor civil and criminal issues at the village level, the Royal Commission
on Decentralization suggested in 1909 that judicial Panchayats be reinstated.
A decision authorizing the establishment of Nyaya Panchayats by State or Provincial
Governments was issued by the British Government of India in 1915. The Bombay Village
Panchayat Act of 1920 was then passed, which resulted in the creation of several Panchayats
around the nation. Recognizing the value of a local, easily accessible justice system, the Civil
Justice Committee of 1924–25 also promoted incorporating judicial powers into the village
Panchayat structure.
➢ Post-Independence Era: Following India gained its independence, practically every state
embraced the idea of village panchayats in an attempt to implement the Directive Principles
of State Policy, which promoted local self-governance. In order to give rural communities an
easily accessible and effective dispute resolution process, several states created statutory
Nyaya Panchayats. G. R. Rajagopal chaired the first important committee on Nyaya
Panchayats in independent India, which suggested giving communities the authority to choose
their own Nyaya Panchayat representatives. In order to give these grassroots judicial bodies a
formal foundation, the committee also created the Nyaya Panchayat Bill of 1962.
Despite these initiatives, a number of issues caused the conventional Nyaya Panchayat structure
to deteriorate by the late 1970s. By creating more than 5,000 Gram Nyayalayas (village
courts) nationwide, the Indian Parliament established the Gram Nyayalaya Act in 2008 with
the goal of reviving the village legal system and delivering prompt, easily accessible justice at
the local level. With centuries of adaptation to shifting legal and administrative frameworks,

Page | 30
 the idea of Nyaya Panchayat has remained central to India's ideal of localized dispute
resolution.53

2. COMPOSITION AND STRUCTURE OF NYAYA PANCHAYATS IN INDIA

In India, nyaya panchayats are grassroots judicial bodies that were created under the State List;
as such, state laws regulate their creation and operations. States may differ in terms of
membership appointments and structure, but they typically follow a similar pattern.
o Appointment of Panchs: Usually with the help of an advisory council, the District Magistrate
nominates the Panchs (members of the Nyaya Panchayat) from among the elected members of
the Gram Panchayat. Members of the Village Sabha may also be nominated to act as Panchs in
the event that no qualified Gram Panchayat members are available. As honorary members,
panchs are in office for a period of five years, though the State Government may decide to
extend that tenure by up to one year.
o Election of Sarpanch: From among themselves, the Panchs choose a Sarpanch (Presiding
Officer) to oversee the activities. To help the Sarpanch run the Nyaya Panchayat, an Assistant
Sarpanch is also selected.
o Bench Composition: Cases in Nyaya Panchayats are typically heard by a bench consisting of
5 Panchs. The presence of latest three Panchs, including the Sarpanch, is essential for any
hearing to be valid.
o Typical Composition of Nyaya Panchayats: Depending on the state or area of India, the
Nyaya Panchayat makeup may vary.

Nonetheless, a broad summary comprises:

1. Nyaya Adhikari (Judicial Officer): Oversees and directs the proceedings, making sure
they follow the rules of natural justice.
2. Panchs (Members): Typically, three to five members of the local community participate in
decision-making. They are chosen on the basis of their knowledge of regional concerns and
reputation in the community.
3. Local Representatives: They serve as a link to more extensive administrative organizations
and occasionally comprise elected representatives from local governance bodies.
4. Legal Advisors: To provide advice on legal issues, legal professionals may occasionally be
called upon.

53
Shishir Bail, 'From Nyaya Panchayats to Gram Nyayalayas: The Indian State and Rural Justice' (2015) 11(1)
Socio-Legal Review 83

Page | 31
 5. Support Staff: Administrative staff in charge of maintaining records and overseeing the
event's logistics.
6. Parties and Witnesses: The disputing parties and their witnesses are active participants in
the hearings.54

3. GRAM NYAYALAYAS
To provide access to justice to the citizen at their door steps, the Central Government has
enacted the Gram Nyayalayas Act, 2008. It provides for establishment of Gram Nyayalayas at
intermediate panchayat level. The State Governments are responsible for establishing Gram
Nyayalayas in consultation with the respective High Courts. As per information made
available by State Governments / High Courts, 476 Gram Nyayalayas have been notified so far
by 15 States/UT. Out of these, 257 are operational in 10 States at present.

➢ The State-wise detail is as below:55

[Link]. State Gram Nyayalayas Gram Nyayalayas
Notified Functional
1. Madhya Pradesh 89 89
2. Rajasthan 45 45
3. Karnataka 2 2
4. Odisha 23 19
5. Maharashtra 36 23
6. Jharkhand 6 1
7. Goa 2 0
8. Punjab 9 2
9. Haryana 2 2
10. Uttar Pradesh 113 44
11. Kerala 30 30
12. Andhra Pradesh 42 0
13. Telangana 55 0
14. Jammu & Kashmir 20 0

54
P. Baxi, Access to Justice and the Rule of [Good] Law: The Cunning of Judicial Reform in India (Institute of
Human Development New Delhi on behalf of the UN Commission on the Legal Empowerment of the Poor,
Working Paper, 2007)
55
“256 Gram Nyayalayas operational in 10 states” by Ministry of Law and Justice, available at:
[Link] (Posted on 17th Dec, 2021)

Page | 32
 15. Ladakh 2 0
TOTAL 476 257

Gram Nyayalayas is deemed to be a Court of Judicial Magistrate of First Class with both civil and
criminal jurisdiction to settle petty disputes at the village level.

The State-wise number of pending cases in the Subordinate Judiciary for more than 5 years, as available
on the National Judicial Data Grid (NJDG) Portal is attached below.

➢ State-wise number of pending cases in the Subordinate Judiciary for more than 5 years, as
available on the National Judicial Data Grid (NJDG) Portal56

[Link] Name of States/ More than five year More than five Total
UTs Pending Cases (Civil) year Pending
Cases
(Criminal)
1. Andhra Pradesh 62812 28634 91446
2. Telangana 54729 51935 106664
3 Assam 12999 48075 61074
4. Bihar 196498 1223051 1419549
5. Chandigarh 1568 1616 3184
6. Chhattisgarh 7335 27131 34466
7. D & N Haveli 582 256 838
8. Daman & Diu 254 200 454
9. Delhi 38182 112349 150531
10. Goa 7881 3812 11693
11. Gujarat 123622 255061 378683
12. Haryana 28539 33641 62180
13. Himachal Pradesh 26959 29526 56485
14. Jammu & Kashmir 19771 34212 53983
15. Jharkhand 23077 112335 135412
16. Karnataka 169793 145534 315327
17. Kerala 53323 221264 274587
18. Ladakh 51 26 77
19. Madhya Pradesh 59156 233964 293120
20. Maharashtra 430376 825950 1256326

56
National Judicial Data Grid (NJDG), available at: [Link]

Page | 33
 21. Manipur 1424 768 2192
22. Meghalaya 1483 4106 5589
23. Mizoram 297 365 662
24. Nagaland 58 566 624
25. Odhisha 117273 481033 598306
26. Punjab 21252 20319 41571
27. Rajasthan 135767 372466 508233
28. Sikkim 4 4 8
29. Tamil Nadu 139087 133855 272942
30. Puducherry 2470 6183 8653
31. Tripura 802 3513 4315
32. Uttar Pradesh 745534 2892783 3638317
33. Uttarakhand 5816 33061 38877
34. West Bengal 226046 930855 1156901
TOTAL 2714820 8268449 10983269

In terms of Section 3 (1) of the Gram Nyayalayas Act, 2008, the State Governments are responsible for
establishing Gram Nyayalayas in consultation with the respective High Courts. However, the Act does
not make setting up of Gram Nyayalayas mandatory. The issues affecting operationalization of the Gram
Nyayalayas were discussed in the Conference of Chief Justices of High Courts and Chief Ministers of
the States on 7th April, 2013. It was decided in the Conference that the State Governments and High
Courts should decide the question of setting up of Gram Nyayalayas wherever feasible, taking into
account the local issues and situation. For opening of Gram Nyayalayas, the Central Government has
been encouraging the States by way of providing financial assistance.57

4. SALIENT FEATURES OF THE GRAM NYAYALAYAS ACT, 2008

The salient Features of the Gram Nyayalayas Act are as follows:

1. Establishment of Gram Nyayalayas
While Section 4 of the Act stipulates establishing headquarters at the village or intermediate
Panchayat level as announced by the State Government, Section 3 of the Act allows for the
creation of Gram Nyayalayas. These Nyayalayas serve a collection of adjacent Panchayats and
function as local courts on par with the First-Class Judicial Magistrate.

57
This information was given by Shri Kiren Rijiju, Union Minister of Law and Justice, in Lok Sabha 22.03.2022

Page | 34
2. Composition
Panchayati Adalat, also known as Nyaya Panchayat, is established for every three- or four-
Gram Panchayats. With the help of Vikas Adhikari, Tehsildars, and Naib Tehsildars, the
Collector decides the jurisdiction.
Method of Selection: Members are chosen by election and nomination. They must be under
30 years old, literate, registered voters, and free from any legal disqualifications. They shouldn't
be members of the State Legislature or Parliament, or occupy positions like Sarpanch, Parishad,
or Samiti.
3. Appointment of Nyayadhikari:
According to Section 5 of the Act, the State Government appoints the Nyayadhikari (Presiding
Officer) following High Court consultation.58 According to Section 6, the Nyayadhikari must
be qualified on par with a First-Class Judicial Magistrate.59
According to Section 7, they must be paid the same as a First-Class Judicial Magistrate. When
selecting Nyayadhikaris, the State Government must guarantee sufficient representation from
women, Scheduled Tribes, and Scheduled Caste.60
4. Jurisdiction
The State Government specifies the jurisdiction after consulting the High Court. It covers both
civil and criminal cases: Cases included in the Act's First Schedule fall under the criminal
jurisdiction. Cases listed in the Second Schedule are included in civil jurisdiction. Gram
Nyayalayas is permitted to accept reports, statements, documents, or information as evidence
under Section 30. High Courts have the authority to transfer qualified cases from the District
Court to Gramme Nyayalayas and establish the financial jurisdiction.
5. Conciliation
Conciliation is emphasized throughout the Act as the best way to settle disputes. Under the
guidance of the High Court, Section 26 requires the appointment of conciliators to assist in the
amicable resolution of disputes.61
6. Summary Procedure
In criminal cases, Gram Nyayalayas use a summary method, which makes conflict settlement
quicker and more effective. They are directed by the applicable High Court rules and the natural

58
Gram Nyayalayas Act, 2008 (Act No. 4 of 2009) s. 5
59
Id
60
Id
61
Id

Page | 35
 justice principles rather than being constrained by the Indian Evidence Act, 1872. Judgments
are delivered on time, and within three days, copies are given to both parties at no cost.
7. Appeal
In criminal matters, the Court of Sessions receives appeals, which must be considered and
decided within six months after the appeal's filing date. In civil matters, the District Court hears
appeals and renders a decision within six months after the appeal's filing date.

5. FUNCTIONS OF NYAYA PANCHAYATS

Nyaya Panchayats serve as a judicial arm of the Panchayat system, providing localized justice:
1. Judicial Role: They deal with infractions such as theft, trespassing, and minor injuries in both
civil and criminal proceedings.
2. Civil Jurisdiction: This includes small-scale communal conflicts, money litigation, and the
recovery of goods.
3. Investigation Powers: Unlike official courts, Nyaya Panchayats have the ability to call
witnesses, document evidence, and compile facts.
4. Conciliation and Settlement: They place a strong emphasis on using conciliation and
negotiation to swiftly resolve conflicts.
5. Contempt Power: To maintain decorum and order, Nyaya Panchayats have the authority to
punish contempt during hearings.
6. Local Justice Delivery: They prioritize prompt, economical justice, relieving the strain on
formal courts, and offering village-level legal recourse.62

6. PRESENT STATUS OF NYAYA PANCHAYATS

Present Status: According to data as of February 2022, 15 states have notified a total of 476
Grama Nyayalayas, of which 258 are now operating in 10 states. The Grama Nyayalayas in
these ten states—Madhya Pradesh, Rajasthan, Kerala, Maharashtra, Haryana, Punjab, and
Jharkhand—have been registered and are operating. Goa, Andhra Pradesh, Telangana, Ladakh,
and Jammu & Kashmir are among the five states that have been notified but have not yet taken
action. In the Lok Sabha, Law Minister Kiren Rijiju stated that over the 15 months from
December 2020 to February 2022, 258 Grama Nyayalayas resolved 43,914 cases.

The State High Courts have routinely reviewed and overseen the Grama Nyayalayas program,
and NITI Aayog conducted a third-party assessment of the program and suggested that it be

62
Shishir Bail, 'From Nyaya Panchayats to Gram Nyayalayas: The Indian State and Rural Justice' (2015) 11(1)
Socio-Legal Review 83

Page | 36
 continued. With a budget of Rs 50 crores, the Indian government extended the program for five
years, ending on March 31, 2026. The Union government promptly gives states Rs 18 lakhs to
help with the costs of establishing one Gram Nyayalaya. Additionally, the national government
contributes 3.20 lakhs every Grama Nyayalaya to cover operating costs for the first three
years.63

7. FIELD STUDY OBSERVATIONS

The author Shishir Bail, of the paper titled “From Nyaya Panchayats to Gram Nyayalayas:
The Indian State as: The Indian State and Rural Justice” conducted field research on three
Gram Nyayalas in Rajasthan, Maharashtra and Madhya Pradesh. Key findings include:

➢ Prevalence of Criminal cases: The majority of cases heard were criminal, often minor public
order offenses. Civil cases were minimal, and conciliation was rarely practiced, despite being
mandated by the Act.
➢ Professionalization: Judges and Lawyers operated in a manner similar to formal courts, using
standard legal procedures and dress codes, which contrasted with the informal ideals of the
original village panchayat system.
➢ Limited village visits: Although the Act required mobile court sessions, this practice was
inconsistently implemented, with many hearings taking place in designated courtrooms instead.
➢ Operational challenges:The practical implementation of Gram Nyayalayas has been uneven
across states. While some states like Madhya Pradesh have established a notable number of
these courts, the overall number falls short of the target envisioned by the Act.64

8. CHALLENGES FACED BY GRAM NYAYALAYAS:

The following are some of the difficulties Nyaya Panchayat is facing:
1. The absence of formal legal training among Panchas and Nyaya Adhikaris may influence the
decision-making process.

2. Absence of resources such as Their effectiveness may be hampered by inadequate money,

infrastructure, and support personnel.

63
This information was given by Shri Kiren Rijiju, Union Minister of Law and Justice, in Lok Sabha 22.03.2022
64
From Nyaya Panchayats to Gram Nyayalayas: The Indian State as: The Indian State and Rural Justice, by
Shishir Bail {Socio -legal [Link].1}

Page | 37
 3. Due to their lack of legal enforcement authority, rulings might be difficult to enforce.
4. Decisions in dispute resolution and how women are treated may be impacted by gender
prejudice.

5. The way Nyaya Panchayats operate is impacted by interference from local authority.
6. Many people in rural areas might not know about Nyaya Panchayats or may feel them to be
geographically inaccessible.

7. The impartiality of proceedings may be jeopardized by the influence of influential people or

organizations.

8. Coordinating with the official legal system and following the law are examples of legal
compatibility.

Overall, Gram Nyayalas represents a significant departure from traditional models like Nyaya
Panchayats, adopting a formal, adversarial approach rather than a localized, conciliatory tone.
While they aim to bring judicial services closer to rural areas, their effectiveness is hindered
by structural and procedural limitations, making them function more like extensions of the
formal court system rather than a distinct, grassroots-level alternative. The result is a mixed
impact on enhancing access to justice, with many of the initial goals remaining unmet in
practices.65

9. CASE LAWS DISCUSSING ITS SCOPE AND EFFECTIVENESS

1. Jeet Singh and Maya Wati v. Ceiling Authorities and High Court

The Supreme Court considered whether a consent order issued by the Nyaya Panchayat in
accordance with the U.P. Panchayat Raj Act, 1947, could legally separate a wife from her
husband in this particular case. The conflict started when Jeet Singh and Mayawati, his first
wife, reached an agreement although criminal processes pertaining to bigamy accusations were
still ongoing. Later, under the Ceiling Act, Jeet Singh's landholding was expanded to include
land that his father had given to Mayawati. This was disputed by Jeet Singh and Mayawati,
who claimed that she was a wife who was judicially separated. The court determined that
because the Nyaya Panchayat's civil jurisdiction under Section 64 was restricted to minor
property disputes and did not have the competence to decide divorce or separation cases, it

U. Baxi & M. Galanter, Panchayat justice: an Indian experiment in legal access, 3 ACCESS TO JUSTICE:
65

EMERGING ISSUES AND PERSPECTIVES 343 (1979)

Page | 38
 lacked the authority to decide marriage matters. Nyaya Panchayats are permitted to record
settlements under Section 82 of the Act, however this does not give them jurisdiction over
issues that fall outside the Act's defined purview. Their appeals were denied because the Nyaya
Panchayat's consent decree could not be construed as judicial separation.66

2. Bunna Prasad And Ors vs The State of U.P. & Anr, 1968

By claiming that the complainant, Yashoda, was related to the Sarpanch, Mahabir, one of the
accused in a complaint submitted to the Nyaya Panchayat, Jokha Khas, requested a stay of
proceedings from the High Court in this matter. On December 20, 1963, the High Court issued
an order for an interim stay. Nevertheless, even though the Nyaya Panchayat was notified of
the stay via telegram and an application—which the Sarpanch apparently rejected—the hearing
was held on December 25, 1963. Later, Mahabir accused the Panchayat members of contempt
for violating the stay order issued by the High Court. The High Court ruled that the Nyaya
Panchayat's deliberate disregard for the stay order constituted contempt of court. The court
noted that rather than rejecting Mahabir's application without giving it due attention, the
Panchas ought to have asked for a certified copy or confirmed the stay order with the Sub-
Divisional Magistrate. It was decided that the action was not legitimate and amounted to willful
disregard for the court order.67

3. National Federation of Societies for Fast Justice and Ors. V. UOI, 2020

The Supreme Court directed those states which failed to present a notification with regard to
the setting up of rural mobile courts or gram nyayalayas under the Gram Nyayalayas Act, 2008
to provide the same within a month, The court also directed to High Courts to speed up the
process of starting the consultation process with the respective state governments.68

66
(Civil Appeals No. 3732 & 3733 of 1982)
67
1968 AIR 1348

68
Writ Petition(s)(Civil) No(s).1067/2019

Page | 39
C. LEGAL AID IN INDIA
In a democratic society, access to justice is essential for upholding the rule of law, particularly
for the underprivileged, marginalized, and impoverished. According to Article 14 of the
Indian Constitution, the state is required to ensure that everyone is treated fairly before the
law and has access to a legal system that upholds justice based on equity. Free legal aid became
a fundamental concept in 1976 when the Indian Parliament ratified Article 39A of the
Constitution.

With the enactment of the Legal Services Authorities Act in 1987 and the subsequent
establishment of NALSA in 1995, this idea received official backing. Since then, it has come
to represent hope for those who lack it.

Following legislations enacted in line with Legal Aid is discussed below:

o The Bar Council of India

o Bar Council of India Legal Aid Rules, 1983
o Legal Practitioners (Regulation and Maintenance of Standards in Profession, Protecting the
interest of clients and Promoting the Rule of Law) Bill, 2010

Despite the existence of these laws, there is still a gap in the effective operation of India's legal
aid system.

In Sheela Barse vs. State of Maharashtra, it was held that giving legal assistance to a poor
accused person who has been jailed and is in danger of losing his life or personal freedom is a
basic necessity that is mandated by articles 21 and 14 of the constitution in addition to article
39-A.69

In India, the provision of free legal assistance to those who cannot afford legal counsel or access
to the legal system is known as legal aid. Ensuring that justice is available to everyone,
regardless of their financial situation, is the main goal of legal assistance.

Constitutional Right: According to Article 39A of the Indian Constitution, the State is
required to offer free legal aid in order to guarantee that no citizen's access to justice is restricted
because of financial or other limitations.

Legal Services Authorities Act, 1987: In order to establish a legislative framework for the
delivery of legal aid in India, the Legislative Services Authorities Act was passed in 1987.

69
MANU/SC/0437/1988

Page | 40
 This act created the State Legal Services Authorities (SLSAs) at the state level and the
National Legal Services Authority (NALSA) at the federal level.

Eligibility: Economically disadvantaged people, members of marginalized communities,

women, children, and other vulnerable groups are typically the ones that receive legal aid.
States may have different requirements for eligibility.

Services: Legal advice, court representation, drafting of legal documents, and other legal aid
are all included in legal aid. Criminal cases, civil disputes, family concerns, and more are
among the many areas it covers.

Legal Aid Clinics: To offer legal aid at the local level, legal aid clinics have been established
across the nation. Legal professionals and paralegals frequently run these clinics.

1. HISTORY OF FREE LEGAL AID IN INDIA

In its 1958 report on “Reform of Judicial Administration,” the Law Commission of India
declared that helping impoverished litigants with their legal needs is a fundamental problem
rather than a trivial procedural one.

In 1960, the government outlined some guidelines for legal aid programs.
Article 39-A was added into the Constitution (Forty-second Amendment) Act, 1976, which was
introduced in 1976.

A Committee for Implementing Legal Aid Schemes was established in 1980 to monitor and
oversee legal aid initiatives, with Hon. Justice P.N. Bhagwati serving as its head.
In order to give legal aid programs nationwide a formal framework and standardized
organization, the Legal Services Authorities Act was created in 1987.

The National Legal Services Authority was created as a statutory entity on December 5, 1995,
with the dual goals of creating the most effective and economical legal service programs and
creating policies and procedures for providing legal help in compliance with statutory
provisions.70

70
Legal Aid in India: current scenario and future challenges by Akarshita Singh, available at:
[Link]

Page | 41
2. LANDMARK CASES GENERATING LEGAL AID MOVEMENT IN INDIA
1. M.H. Hoskot v. State of Maharashtra: The Supreme Court mandated free legal aid for
prisoners, which includes timely provision of free transcripts of judgements, access to facilities
for filing appeals or revisions, and assignment of counsel if the prisoner lacks legal assistance.
This directive is based on the court’s power under Article 142, in consonance with article 21
and 39A of the Constitution, ensuring the right to appeal is protected.71
2. Khatri(II) v. State of Bihar: The Supreme Court ruled that Magistrates and sessions Judges
are obligated to inform accused persons, who cannot afford a lawyer due to poverty, of their
right to free legal aid at the State’s expense. The court criticized the failure of a Judicial
Magistrate to offer legal aid to blinded prisoners in the case. It directed all judicial officers to
inform unrepresented accused of their entitlement to free legal services unless they decline.
Additionally, the court instructed every State to provide free legal aid to accused individuals
facing imprisonment if they cannot afford legal representation.72
3. Hussainara Khatoon v. State of Bihar: Bhagwati, J. noted that: “A process that does not
provide legal assistance to an accused individual who is too impoverished to pay for a lawyer,
so who would must face the trial without legal representation, cannot in any way be considered
fair, reasonable, and just.”73
4. State of Maharashtra v. M.P. Vashi: The Supreme Court ruled that even if Directive Principles
of State Policy, such as Article 39-A, are not subject to judicial review, courts have the authority
to force politicians to implement them. The Court underlined the necessity of judicial action
when administrators or legislators fail to take action. It instructed the State to give subsidies to
law schools in order to raise educational standards and connected legal aid with legal education.
As required by Articles 21 and 39-A of the Constitution, the goal was to generate qualified law
graduates who could back the delivery of free legal assistance, guaranteeing that all citizens
had access to justice.74

3. CONSTITUTIONAL PROVISIONS RELATING TO LEGAL AID

Article 39A of the Indian Constitution states:

“The State shall secure that the operation of the legal system promotes justice, on a basis of
equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or

71
(1978) 3 SCC 544.
72
(1981) 1 SCC 635
73
AIR 1979 SC 1369.
74
(1955) 5 SCC 730.

Page | 42
 schemes or in any other way, to ensure that opportunities for securing justice are not denied to
any citizen by reason of economic or other disabilities.”75

This article in the constitution emphasizes the Indian government's dedication to upholding the
rule of law and offering free legal assistance to people who are underprivileged, whether
financially or otherwise. It acknowledges that everyone has the fundamental right to access
justice and that measures must be taken to eliminate any obstacles that might keep people from
doing so.

The Legal Services Authorities Act, 1987, which established the legal foundation for the
delivery of legal assistance in India, was passed by the Indian government in accordance with
Article 39A. In order to support the execution of legal aid programs and services at the federal
and state levels, respectively, the National Legal Services Authority (NALSA) and State Legal
Services Authorities (SLSAs) were founded under this legislation.76

4. OTHER STATUTES
Section 304 of the Code of Criminal Procedure, 1973

According to this section, if the accused is unable to hire an advocate or pleader to defend them
during a trial before the Court of Session, or if the Court determines that the accused is not in
a condition to do so, it is the Court's responsibility to assign an advocate or pleader to defend
the accused, with the State covering the costs.77

Rule 9 A of the Civil Procedure Code, 1908

According to this provision of Order XXXIII of the CPC, the court might appoint a pleader to
an impoverished individual and exempt them from paying the court cost as well. 78

At the International level, legal aid representation is stated in Article 14(3)(d) of the
International Covenant on Civil and Political Rights. It stipulates that the accused has the
right to choose his counsel, who must offer competent representation in the interests of justice

5. LEGAL SERVICES AUTHORITIES ACT, 1987

This Act was a new part of the legal aid movement in India. It was enforced in 1995 after the
final amendments were made to the Act. Justice R.N. Mishra played a very important role in

75
Indian Constitution, article. 39A
76
[Link]
77
The Code of Criminal Procedure, 1973. (Act 2 of 1974)
78
The Code of Civil Procedure, 1908 (Act No. 5 of 1908)

Page | 43
 enforcing this Act. Then in 1988, Justice A.S Anand became executive chairman of the National
Legal Service Authority.

The Act had 2 objectives: (i) to provide free legal services to the poor and weaker sections of
the society, to ensure that no citizen is deprived of justice due to any economic and other
disability reason, and, (ii) to make sure that there is equal delivery of justice by organising Lok
Adalats.79

➢ Section 12 of this legislation provides down a group of the people who are entitled to free
legal aid under this legislation. The national, state, district, and taluka legal services
authorities—the National Legal Services Authority, State Legal Services Authority, District
Legal Services Authority, and Taluka Legal Services Authority—were also named in this Act.
a. National Legal Services Authority (NALSA)

NALSA is an apex body which consists of Chief Justice of India as the Patron-in-Chief and a
retired Judge of Supreme Court as the Executive Chairman, who is nominated by the President.
NALSA formulates policies and principles as well as frames effective economical schemes to
make legal services under the act easily available. It also organises legal aid camps, encourages
people to settle disputes in Lok Adalat, undertake and promote research in legal services, and
also conducts periodic evaluation of legal aid programs. It promotes legal literacy and sets up
legal aid clinics in various law colleges and universities and also promotes the training of
paralegals. Also, NALSA supervises the activities of State Legal Service Authorities and also
encourages non-governmental organisations to implement legal aid schemes.

b. State Legal Services Authorities

The State Legal Services Authority is the highest body that oversees the operations of the legal
services in the state and is responsible for conducting Lok Adalats and various legal aid
programs. The Legal Services Authority Act requires every state government to have a State
Legal Services Authority, which is composed of the Chief Justice of the High Court as Patron-
in-Chief and an executive chairman who is appointed by the Governor of the State and is a
serving or retired High Court judge.

79
Legal Services Authorities Act, 1987

Page | 44
 c. District Legal Services Authorities

According to the Legal Services Act, every state must establish a District Legal Services
Authority in each of its districts, with the district judge serving as its chairman. The duties and
regulations established by the State Legal Services Authority are carried out by this authority.
And it also supervises the acts of the Taluka Legal Services Committee and other legal services
taking around in the district and organises Lok Adalats.

d. Taluk Legal Services Committee

In order to oversee and coordinate the legal services activities occurring in the Taluk, as well
as to organize Lok Adalat, the State Legal Services Authority established a Taluk Legal
Services Committee, which is chaired ex officio by the seniormost Judicial Officer.

➢ Section 3A of the Legal Services Authority Act, states about the establishment of the Supreme
Court Legal Services Committee, to provide legal aid, assistance and justice to the poor and
weaker sections of the society. This committee also organises Lok Adalats in the Supreme
Court and also a Supreme Court Mediation Centre also functions under the committee.
➢ Also, Section 8A states the setting up of the High Court Legal Services Authority by the State
Legal Services Authority.

6. WHO ARE ENTITLED TO RECEIVE LEGAL AID

Sections of the society as enlisted under Section 12 of the Legal Services Authorities Act are
entitled for free legal services, they are:80
a. A member of a Scheduled Caste or Scheduled Tribe;
b. A victim of trafficking in human beings or begar as referred to in Article 23 of the
Constitution;
c. A woman or a child;
d. A mentally ill or otherwise disabled person;
e. A victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or
industrial disaster; or
f. An industrial workman; or
g. A Person in custody, including those in protective homes under the Immoral Traffic
(Prevention) Act, juvenile homes under the Juvenile Justice Act, and psychiatric hospitals
or nursing homes under the Mental Health Act; or

80
Legal Services Authorities Act, 1987; Section 12

Page | 45
 h. A person with an annual income below a certain amount is eligible for free legal services
depending on the type of court their case is being heard in.

7. ROLE OF THE NATIONAL LEGAL SERVICES AUTHORITY (NALSA) IN RENDERING

FREE LEGAL AID IN INDIA
The National Legal Services Authority (NALSA) has been constituted under the Legal Services
Authorities Act, 1987 to provide free legal services to the eligible persons and to organize Lok
Adalats for amicable settlement of disputes.

Some of the roles and functions of NALSA are:

a. To lay down policies and principles for making legal services available under the Act.
b. To frame effective and economical schemes for legal services.
c. To monitor and evaluate the implementation of legal services under the Act.
d. To conduct legal awareness programmes and promote legal literacy among the people.
e. To encourage settlement of disputes by way of negotiations, arbitration, conciliation and
mediation.
f. To coordinate and cooperate with other governmental and non-governmental agencies engaged
in providing legal services.81
• NALSA has played a significant role in rendering free legal aid in India by:
Providing legal assistance to millions of beneficiaries through its panel lawyers and para-legal
volunteers across the country.
Organizing thousands of Lok Adalats at various levels and disposing off lakhs of cases
amicably.
• Launching various schemes and initiatives such as:
1. NALSA (Free and Competent Legal Services) Regulations, 2010;
2. NALSA (Legal Aid Clinics) Regulations, 2011;
3. NALSA (Protection and Enforcement of Tribal Rights) Scheme, 2015;
4. NALSA (Child Friendly Legal Services to Children and their Protection) Scheme, 2015;
5. NALSA (Victims of Trafficking and Commercial Sexual Exploitation) Scheme, 2015; etc.

Conducting nationwide campaigns and programmes on various themes such as Access to

Justice for All; Connecting to Serve; My Nation with Equality; etc.

81
Ph.D. Thesis - Access To Justice An Appraisal Of the working of Legal Aid and Services Authorities In India,
available at: [Link]

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 Collaborating with various stakeholders such as judiciary, bar associations, law schools, civil
society organizations, media, etc. for enhancing the outreach and quality of legal services82

8. ROLE OF NGOs
Involving and increasing the role of non-governmental organisations to create awareness
amongst the people about their rights and effective justice delivery.

• Legal aid programmes and legal awareness

There should be an organisation of legal aid camps and Lok Adalats at a mass level to spread
awareness about the rights of the people and awareness about the free legal aid programmes
for the needy ones. There should be the establishment of the entitlement centres at various
backward areas to make them aware of the rights, laws and encourage them to opt for free legal
services by solving disputes through Alternative Dispute Arbitracion, Lok Adalats, etc.
• Legal Literacy Mission
Other developed countries have missions of 2 years or 5year plans to inform people about the
laws and rights. India can also introduce a 5-year plan to educate people about their rights and
laws.
• Better remuneration to the lawyers
Nowadays, a good representation for lawyers is difficult to find because they are not interested
in giving free legal services, and expect certain fees for the services. So, there should be an
increase in remuneration paid to the lawyers by the courts or government, appearing or
defending the accused for free.
• Feedback approach
The monitoring of the work of the counsels should be evaluated through the feedback approach,
that is, by asking the people about the feedback of the work of the counsel and then there should
be proper progress reports of every advocate. This all could be done by setting up a proper
monitoring committee.

9. THE CURRENT STATE OF PRO BONO CASES IN INDIA

Although Indian law encourages pro gratis labor, it is not without its challenges. First, the
expansion of the pro bono sector is hindered by India's increasing demand for commercial
attorneys. The pro bono legal services sector is also growing in a unique and difficult
environment because of India's great diversity, its liberal laws and jurisprudence regarding legal
services for the underprivileged, its large population living in poverty, its history and current

82
[Link]

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 status as a secular, democratic, republic, its recent economic growth, and the expectations that
growth has raised. Informal dispute resolution is a result of a number of public grievances
against the formal legal system, such as judicial inefficiency, corruption, and a lack of public
trust in the judiciary. One of the most significant problems facing India's legal system has been
pendency. As of April 2015, there were an estimated 30 million lawsuits outstanding in Indian
courts. The situation is made worse by the fact that there are currently over 345 judge vacancies
that are awaiting confirmation and appointment at the High Court level. In order to comprehend
not just how legal services are delivered and regulated in India, but also the actual opportunities
and difficulties that lawyers face, this subject has drawn the attention of lawyers, activists, and
even Supreme Court judges eager to offer pro bono services in India.

Legislative, structural, and jurisprudential developments in India over the past three decades
have laid the foundation for free legal services for the poor. However, in reality, only a few
numbers of organizations effectively offer these services, depending on India's distinct PIL
procedure for legal aid.

It should be mentioned that domestic Indian law currently forbids foreign-qualified lawyers
from representing pro bono clients. However, by providing research and writing expertise in
specific instances and indirectly by collaborating with Indian groups to increase capacity,
foreign-trained lawyers can actively support pro bono legal services. Since there is a far greater
need for pro bono legal services in India than there is supply, focused, coordinated efforts by
the legal community will help guarantee that the poor receive legal aid and that everyone has
access to justice as guaranteed by the Constitution.83

10. GOVT. INITIATIVES TO ENHANCE ITS IMPLEMENTATION

Through the National Legal Services Authority (NALSA), the Central Government offers
financial assistance to State Legal Services Authorities (SLSAs) in accordance with the Legal
Services Authorities Act of 1987. One of the obligations under Section 12 of the
aforementioned Act is to offer free legal aid to all qualified groups of people, including the
impoverished and inmates awaiting trial. In order to achieve such objectives, NALSA
distributes funds from grants-in-aid received from the Central Government to different SLSAs.
Additionally, the state governments of each state provide grants or gifts to SLSAs.

In fact, the government has launched three legal empowerment programs: Nyaya Mitra, Pro
Bono legal services, and Tele-law. In accordance with Section 12 of the Legal Services

83
Subrahmanyam A. and Raju A.S. (2004), “Distributive Justice: Indian Perspective,” AIR 2004 Jour 16 p.20.

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Authorities Act of 1987, the Tele-law project was initiated in 1800 Gram Panchayats in 11
states in order to offer free legal aid to underprivileged people. Legal advice is available to
others for about thirty rupees. The panel's attorneys can be reached by phone or video
conference at Common Service Centers (CSCs). Tele-law launched a dashboard and a mobile
application in February 2019 to help with last-mile connectivity. In fact, the government has
launched three legal empowerment programs: Nyaya Mitra, Pro Bono legal services, and Tele-
law. In accordance with Section 12 of the Legal Services Authorities Act of 1987, the Tele-law
project was initiated in 1800 Gram Panchayats in 11 states in order to offer free legal aid to
underprivileged people. Legal advice is available to others for about thirty rupees. The panel's
attorneys can be reached by phone or video conference at Common Service Centers (CSCs).
Tele-law launched a dashboard and a mobile application in February 2019 to help with last-
mile connectivity.

The Pro Bono legal services program, which is regulated by Section 12 of the Legal Services
Authorities Act, 1987, also provides free legal aid, including legal representation, to
underprivileged people. A total of 533 lawyers have agreed to participate in the program and
provide pro bono legal services.

In February 2019, the Nyaya Bandhu smartphone app was released to link registered applicants
and pro bono advocates. Additionally, NALSA offers convicts and prisoners awaiting trial
competent and free legal aid through the legal services clinics set up in jails. Approximately
11,800 remand advocates have been assigned to magistrate and session courts to offer legal
assistance to criminal accused.

In April 2017, the Pro Bono Legal Services program was introduced. The program, an
initiative of the Department of Justice, aims to fulfill the State's constitutional duty to provide
"free legal aid" for everyone as well as the Department's crucial responsibility to improve
"access to justice" for underserved segments of society. The program aims to provide an
institutional framework that would support India's pro bono culture. The initiative would, on
the one hand, make it easier to provide marginalized groups with high-quality legal aid, but it
would also make sure that attorneys who donate their precious time and services to this public
duty receive the credit they deserve.

The Nyaya Bandhu app, which is founded on the idea that technology can improve access to
justice for everyone, will enable marginalized people (referred to as "Applicants") who are

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 looking for high-quality legal advice and counsel to connect with "Advocates" who have
donated their time and services through a mobile application. 84

Additionally, jails regularly host awareness camps and programs to educate convicts about their
legal rights, including the right to bail, and free legal assistance. Officials from the Legal
Services Authority frequently visit prisons to find prisoners who require legal advice and
support. In addition to these actions, each district has set up an Under Trial Review Committee
headed by a district judge to examine the cases of all undertrial defendants who have served
half of the maximum term permitted for the offenses they are accused of have completed
half of the maximum sentence allowed for the offences they are charged with .

11. CASE STUDY

1. In Sabitri Bhunya v. State of West Bengal,85 the appellant's appeal against an acquittal that had
been postponed for more than a thousand days because she was impoverished and ignorant of
her right to free legal aid was heard by the Calcutta High Court. In accordance with Section
2(wa) of the CrPC, the Court acknowledged the appellant as a "victim" and underlined that
systematic failures to notify impoverished victims of their rights were the cause of the delay.
The Court emphasized that the 2005 CrPC amendment gives victims a statutory right to appeal
against acquittals, underscoring the constitutional requirement under Articles 19 and 21 to
guarantee access to justice. In order to reinforce this right, the Court ordered that:
a. A copy of every judgment of acquittal must be sent to the District Magistrate and the District
Legal Services Authority (DLSA) for intimation to the victim.
b. Trial courts must endorse, at the foot of every judgment of acquittal, the victim's right to
appeal under the proviso to Section 372 of the CrPC and the availability of free legal aid for
this purpose.
c. Necessary amendments to the Criminal Rules and Orders must be made to incorporate this
requirement.

2. In Rehm v. Malcolm86 case the court said that “The State cannot deny the constitutional right
to a speedy trial to the accused by pleading financial or administrative inability.” Thus, speedy
trial became a fundamental right in India after this writ and notched violation of Article 21.

84
[Link]
85
In Re: CRAN No. 1 of 2020 decided on 29.03.2022
86
377 F. Supp. 995 (SDNY, 1974).

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3. Rajoo @ Ramakant v. State Of Madhya Pradesh87

This was a case of gang rape where the appellant was sentenced to 10 years imprisonment and
he was unrepresented in the appeal before the High Court. The primary question discussed is
the right to legal representation at the appellate stage. Recounting the legislative and judicial
history of the right to legal aid, the court noted that there is no distinction in the Constitution
of India, 1950 or the Legal Services Authority Act, 1987 between a trial and an appeal for the
purposes of providing free legal aid to an accused or a person in custody. An eligible person is
entitled to legal services at any stage of the proceedings which he or she is prosecuting or
defending. Therefore, the High Court was obligated to enquire whether he required legal
assistance, and if he did, to provide it to him at State expense. The court in dictum also
expressed reservations about the exceptions to the right to legal aid discussed in Khatri and
Ors. v. State of Bihar and Ors.88 and Suk Das v. Union Territory of Arunachal Pradesh89 for
economic offences, prostitution and child abuses, arguing that these are not tenable in light of
the constitutional mandate and the principle of presumption of innocence.

4. Mohammed Ajmal Mohammad Amir Kasab and Ors. v. State of Maharashtra90 the appeal
arose from a death sentence for terrorism-related offences. The Court reaffirmed that the right
to legal aid under Article 22 of the Constitution and Section 303 of the CrPC is triggered when
an individual arrested for a cognizable offence is first produced before a magistrate. It
emphasized that the magistrate is duty-bound to inform the accused of this right, and failure to
do so could subject the magistrate to departmental proceedings.

The Court further held that while the absence of legal representation at the commencement of
trial renders the trial and subsequent conviction and sentence invalid, a failure to provide legal
aid at the pre-trial stage does not T necessarily vitiate the trial. However, the accused may seek
compensation from the State for such a failure, provided it can be demonstrated that the lack
of legal assistance at the pre-trial stage caused material prejudice during the trial proceedings.

5. In Anokhi Lal v. State of Madhya Pradesh,91 the Supreme Court addressed the principles
governing the appointment of amicus curiae and the conduct of fast-track trials. The case
involved charges of kidnapping, rape, and murder of a nine-year-old victim, with the accused

87
(2012) 8 SCC 553.
88
1981 SCR (2) 408.
89
AIR 1986 SC 991.
90
(2012) 9 SCC 438.
91
AIR 2020 SC 232

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 being sentenced to death by the trial court in less than a month. The amicus curiae appealed,
arguing that the trial was conducted hastily, denying the defense sufficient time to prepare,
interact with the accused, or examine the evidence, thereby violating principles of natural
justice.

The Supreme Court emphasized that while expediting trials is important, it must not
compromise fairness or deny the accused the right to be heard. Justice should never be
sacrificed for speed, and fast-track proceedings must adhere to the principles of criminal natural
justice to ensure a fair trial. The Court laid down norms for trial and High Courts to follow
when appointing amicus curiae, reinforcing the need for balance between efficiency and
fairness in the judicial process.

12. OBSTACLES TO LEGAL ASSISTANCE

In India today, the legal aid movement is fragmented, unorganized, and sporadic. The
coordination is lacking. The idea that everyone should have equal access to the judicial system
has all but fallen apart. The goals that have been set and the accomplishments that have been
made differ greatly. “We no longer do pro bono work because we are too busy trying to survive,”
a law firm said in a recent survey.

For a variety of reasons, attorneys do not engage in pro bono work. There are little financial
resources. Social education was not a part of legal education in the past. As a result, they do
not understand or accept their job, and professionals do not frequently engage with community
members in need of legal assistance.

Another major obstacle to receiving legal assistance is illiteracy. It is now well acknowledged
that more than 70% of people in rural areas lack literacy, and even more are not aware of their
legal rights. The poor's rights and benefits are exploited and denied due to a lack of legal
knowledge.

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 SECTION 2: PROPOSED REFORMS AND POLICY
RECOMMENDATIONS
➢ LEGAL AID
India's Legal Aid (LA) system requires significant reforms to align with global standards seen
in countries like Australia, the UK, and the US. Currently, the system suffers from a lack of
resources, resulting in understaffing, inefficiencies, and disorganization. Increased funding,
staffing, and better facilities could enhance its structural soundness, operational efficiency, and
public confidence. Integrating technology for case management, communication, and
accessibility could further streamline processes.

A diversified approach to panel composition, involving judges, social workers, and community
leaders, is essential. Judges ensure adherence to constitutional protections, social workers
address societal and emotional aspects of disputes, and community leaders bring cultural
insights, ensuring well-rounded, culturally sensitive drions. Mandatory referral to LAs and
requirements for attendance with good faith participation are critical.

Educating the public about the LA system and its benefits is another priority. Many parties
remain unaware of the mediation process, hindering its potential. Consistent scheduling of LA
sessions, leveraging the Internet and mobile technology for communication and settlements,
and fostering transparency can boost effectiveness.

• NYAYA PANCHAYAT
As suggested by “Standing Committee Report on Panchayats: Key Findings and
Recommendations”

The Standing Committee on Rural Development (Chair: Dr. P. Venugopal) submitted its report
on improving the functioning of panchayats on July 19, 2018. The report analysed challenges
and proposed recommendations to strengthen the Panchayati Raj System introduced through
the 73rd Constitutional Amendment.
Key highlights include:
1. Devolution of Powers
Limited Authority: Panchayats, as a state subject, depend on state governments for
devolution of powers. However, critical areas like rural electrification, non-formal education,
and small-scale industries remain outside their purview in some states.

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 Recommendations:
• States should devolve more funds, functions, and functionaries to panchayats for
effective economic development and social justice schemes.
• Introduce a quorum for gram sabha meetings, ensuring participation, particularly from
women representatives.
2. Funding Challenges
Delayed Fund Releases: States often delay releasing Finance Commission grants to
panchayats, affecting scheme implementation. In some cases, panchayats faced withheld
grants due to unaudited accounts.
Recommendations:
• The Ministry of Panchayati Raj should monitor fund releases and ensure timely
disbursal and proper utilization.
• Encourage panchayats to conduct regular local audits to avoid delays in funding
3. Capacity Building
Past Initiatives: The Rajiv Gandhi Panchayat Sashaktikaran Abhiyan (2012-2016) aimed to
improve infrastructure, training, and advocacy for devolution but was later delinked from
central funding.
Recommendations: Strengthen capacity-building efforts to improve Gram Panchayat
Development Plans and enhance responsiveness to citizens' needs.
4. Support Staff
Shortage of Personnel: Panchayats face a lack of essential staff, including secretaries, junior
engineers, and computer operators, hampering service delivery.
Recommendations:
Recruit and appoint adequate technical and support staff for the smooth functioning of
panchayats.92
The Committee emphasized that empowering panchayats with adequate resources, devolved
authority, and capacity-building measures is crucial to enhance rural development and
strengthen local governance. Thus, author also believes this is the appropriate changes require
to make it more effective.

92
[Link]

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➢ FREE LEGAL AID
Educating the general public about their legal rights and possible legal remedies would be the
first step. In order to understand the rights granted by the Indian Constitution, people in need
of assistance can first get in touch with these non-judicial specialists by connecting law school
legal clinics to local courts in the area.

To make sure that even the illiterate is aware of their rights, another tactic is to conduct
campaigns in isolated areas and deliver lectures in the local tongue. NGOs could be called upon
to help spread awareness. Promoting a pro bono culture is the next step, and legal students
should receive social education.

Additionally, there are ineffective processes in place within the current legal aid system for
monitoring, evaluating, and reporting on the effectiveness of the assistance provided to
intended recipients. The infrastructure lack of real-time monitoring of legal aid cases by
responsible court authorities significantly restricts the effective delivery of legal aid services,
despite the Legal Aid Defence Council System's adoption being a significant advancement.

Therefore, as mentioned earlier, Legal Aid still needs help. To ensure that Legal Aid is a service
accessible to everyone, the suggestions made in this document must be taken into account.
Due to a number of variables and difficulties, legal aid in India is probably going to keep
changing in the future. Important elements regulating it are:

• Technological Developments: The provision of legal aid services is anticipated to

increase the use of technology, including e-filing systems, virtual legal clinics, and online
legal aid portals. This can facilitate access to legal aid and help close regional gaps.
• Specialized Legal Aid Services: To meet the various legal needs of citizens, there may be
an increasing focus on offering specialized legal aid services for particular fields of law,
such as labor law, family law, and environmental law.
• Alternative Dispute Resolution (ADR): Including ADR procedures like arbitration and
mediation in legal aid programs may help to settle conflicts more quickly and affordably.
• Legal Reforms: Programs for legal aid may be closely related to more general legal
reforms that are meant to streamline court procedures, cut down on backlogs of cases, and
improve the effectiveness of the legal system.

It is crucial to remember that the government's priorities, the legal community's, civil society
groups', and the changing requirements of the populace will all have an impact on the future of

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legal assistance in India. Ensuring that justice is available to all individuals, particularly those
who are economically disadvantaged or encounter obstacles when trying to use the judicial
system, shall always be the aim.

SECTION 3: COMPARTIVE EVALUATION

Lok Adalats, established under the Legal Services Authorities Act, aim to resolve disputes
through amicable settlements. Their primary strength lies in their accessibility and ability to
reduce pendency by disposing of a large number of cases, especially in areas like motor
accident claims, cheque bounces, and matrimonial disputes. However, their focus on settlement
rather than justice is a notable drawback. Litigants, particularly from weaker sections, often
feel coerced into compromises, and the absence of enforcement mechanisms for awards
necessitates further litigation in formal courts. Additionally, most cases resolved involve non-
contentious issues like utility disputes, indicating a limited impact on reducing substantive legal
conflicts.

While their success in resolving pre-litigation cases is commendable, the overemphasis on

quantitative outcomes rather than qualitative justice undermines their credibility. The need for
specialized training of presiding officers and mechanisms for enforcing awards is critical to
enhance their impact.

Nyaya Panchayats, envisioned as informal community-based forums, lack the professionalism

and enforceability seen in formal courts. While they offer a low-cost and localized platform for
resolving disputes, challenges such as lack of legal training, resource inadequacies, and
external influences compromise their efficacy. Gender bias and the influence of local
authorities further hinder their impartiality, making them less effective in complex disputes.
Despite these drawbacks, they hold potential as accessible platforms for rural communities,
provided reforms address their structural and operational inefficiencies.

Although they align with India's tradition of village- based justice, their inability to integrate
formal legal principles and address systemic biases makes them inadequate for contemporary
legal challenges. Reforms to professionalize their functioning and align them with legal
standards are essential

Legal Aid Services are grounded in the constitutional mandate of ensuring equal access to
justice. However, the implementation has been largely fragmented and unorganized. The lack
of awareness among the rural poor, coupled with insufficient resources and professional

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commitment, limits its outreach. Many lawyers shy away from pro bono work due to
inadequate financial incentives and a lack of social education ingrained in legal training.
Furthermore, the heavy reliance on PILs for legal aid rather than grassroots litigation shows a
disconnect between institutional frameworks and the needs of the underprivileged.

The lack of coordinated efforts and awareness campaigns has left this initiative underutilized.
Strengthening institutional frameworks, incentivizing lawyers to take up pro bono work, and
enhancing public awareness of legal rights are imperative for realizing its potential.

SECTION 4: PREFERENCE AMONG PEOPLE

The preference among these mechanisms varies based on jurisdiction and the nature of
disputes. Urban litigants and those with complex legal issues often prefer Lok Adalats due to
their structured processes and formal backing. Rural communities may lean toward Nyaya
Panchayats for their accessibility and cultural familiarity, despite their limitations. Legal Aid
Services remain underutilized due to a lack of awareness, but their potential to cater to the most
marginalized groups remains unparalleled if adequately strengthened.

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VII. CONCLUSION
The hypothesis that Nyaya Panchayats better address socio-cultural issues than Lok Adalats
holds limited validity. While Nyaya Panchayats were conceptually rooted in localized justice,
their practical inefficiencies hindered their success. Lok Adalats, with their structured
processes, are more effective in delivering justice in specific legal matters. Gram Nyayalayas
represents a balanced model, aiming to provide accessible and formalized justice in rural areas.
The evolution of these mechanisms reflects the Indian state's commitment to refining its
approach to rural justice, moving away from traditional ideals toward a more inclusive and
professional system.

Legal aid remains a cornerstone for upholding the rule of law, yet it remains underutilized in
rural areas. This underutilization stems from a lack of awareness and infrastructural limitations.
Strengthening legal aid mechanisms and integrating them with institutions like Gram
Nyayalayas can ensure equitable access to justice for marginalized communities.

Lok Adalats have emerged as highly effective mechanisms, particularly for urban and semi-
urban litigants, due to their ability to resolve disputes related to cheque bounces, traffic
challans, and minor criminal offenses. These forums thrive on efficiency and legal finality,
backed by statutory recognition under Section 19 of the Legal Services Authorities Act, 1987.

In contrast, Nyaya Panchayats, though culturally embedded, struggled with impartiality and
were unable to address disputes requiring formal adjudication. While they seemed promising
in addressing socio-cultural disputes due to their grassroots approach, their inability to function
independently of local power dynamics and lack of procedural rigor undermined their efficacy.

Thus, each of them has certain limitations which can be addressed by undergoing reforms that
enhance accessibility, procedural fairness, and awareness, ensuring they serve all communities
effectively.

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