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Subject: Alternate Dispute Resolution

  • What are the major changes brought in the Arbitration and Conciliation Act, 1996 through the recent Ordinance promulgated by the President? How far will it improve India’s dispute resolution mechanism? Discuss.

  • Who are entitled to receive free legal aid? Assess the role of the National Legal Services Authority(NALSA) in rendering free legal aid in India.

    Free legal aid is a fundamental component of access to justice. It is provided under Article 39A of the Constitution and operationalized through the Legal Services Authorities Act, 1987.

    Persons Entitled to Free Legal Aid (Section 12, Legal Services Authorities Act, 1987)

    Persons with Annual Income below prescribed limit

    Women and Children

    Members of SC/ST Communities

    Victims of Human Trafficking or Begar

    Persons with Disabilities

    Industrial Workmen

    Persons in Custody – including undertrials, detainees, and prisoners

    Victims of Mass Disaster, Ethnic Violence, Flood, Drought, or Industrial Accidents

    Role of NALSA in Rendering Free Legal Aid

    Institutional Framework-

    NALSA is headed by the Chief Justice of India as Patron-in-Chief.

    Supervises State Legal Services Authorities (SLSAs), District Legal Services Authorities (DLSAs), and Taluk Legal Services Committees (TLSCs).

    Legal Awareness-Conducts Lok Adalats, Legal Literacy Camps, and Legal Aid Clinics in rural and marginalized areas.

    Alternative Dispute Resolution (ADR)- Organizes Lok Adalats for speedy, low-cost dispute resolution. Eg- National Lok Adalat (2023) settled over 1.3 crore cases across India.

    Specialized Schemes for Vulnerable Groups- Eg- NALSA (Protection and Enforcement of Tribal Rights) Scheme, 2015.

    Free Legal Representation and Counsel to represent eligible persons in courts and tribunals.

    Legal Aid in Prisons for undertrials through regular jail legal aid clinics.

    Use of Technology- Launched E-Lok Adalat for digital access to justice in remote areas.

    Challenges

    Low Awareness – As per India Justice Report, despite over 80% of citizens eligible, only 15 million have availed legal aid since 1995.

    Shortage of Trained Lawyers – avoid pro bono work due to

    Implementation Gaps- Uneven performance across states and districts.

    Way Forward

    Increase Grant-in-Aid and resource allocation to NALSA.

    Launch awareness campaigns via radio, TV, and local media.

    Fair compensation and incentives for panel lawyers and PLVs.

    Mandatory annual pro bono work for advocates with merit-based recognition.

    Free legal aid is essential to realize the constitutional promise of “justice-social, economic, and political.”

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

    Both Lok Adalats and Arbitration Tribunals are alternative dispute resolution (ADR) mechanisms aimed at ensuring speedy, cost-effective, and accessible justice, reducing the burden on regular courts.

    Objectives of Lok Adalats and Arbitration Tribunals

    Speedy Justice Delivery

    Reduction in Judicial Burden

    Cost-Effective Dispute Resolution

    Encourage conciliation, compromise, and mutual agreement between disputing parties.

    Access to Justice (Article 39A)

    Procedural Flexibility

    Difference between Lok Adalats And Arbitration Tribunals

    Jurisdiction Over Civil and Criminal Cases

    Lok Adalats

    Can hear civil cases such as family disputes, land or property matters.

    Non-compoundable offences (e.g., murder, rape, theft) are outside its jurisdiction.

    Arbitration Tribunals

    Civil Jurisdiction – Deal with contractual, commercial, and property disputes arising from an agreement between parties.

    Have no jurisdiction over criminal cases since criminal liability is non-contractual and involves offences against the State.

    Both Lok Adalats and Administrative Tribunals ensure access to speedy justice under Article 39A. Their effective functioning is essential to ensure justice is neither delayed nor denied.

  • With reference to Lok Adalats, consider the following statements

    With reference to Lok Adalats, consider the following statements:
    1. An award made by a Lok Adalat is deemed to be a degree of a civil court and no appeal lies against thereto before any court.
    2. Matrimonial/Family disputes are not covered under Lok Adalat.
    Which of the statements given above is/are correct?

  • With reference to Lok Adalats, which of the following statements is correct

    With reference to Lok Adalats, which of the following statements is correct ?

  • With reference to the ‘Gram Nyayalaya Act’, which of the following statements is/are correct

    With reference to the ‘Gram Nyayalaya Act’, which of the following statements is/are correct?
    1. As per the Act, Gram Nyayalayas can hear only civil cases and not criminal cases.
    2. The Act allows local social activists as mediators/ reconciliators.

    Select the correct answer using the code given below: