UPSC Previous Year Question | Mains GS2 | 2024

Explain and distinguish between Lok Adalats and Arbitration Tribunals. Whether they entertain civil as well as criminal cases? (Answer in 150 words)

Answer

Introduction

Introduction

Both mechanisms reduce court burdens, but Lok Adalat is conciliatory and statutory, whereas arbitration is adjudicatory and agreement-based.

Distinction

Key distinctions

  • Lok Adalats function under the Legal Services Authorities Act, 1987; arbitration is governed principally by the Arbitration and Conciliation Act, 1996.
  • Lok Adalat awards rest on compromise and are final, binding and treated as decrees; an arbitral tribunal decides disputes through a reasoned award subject to limited judicial review.
  • Lok Adalat normally has no court fee and promotes settlement; arbitration involves party-appointed arbitrators, procedure and costs.

Jurisdiction

Nature of cases

  • Lok Adalats handle pending or pre-litigation civil disputes and compoundable criminal matters; non-compoundable offences cannot be settled there.
  • Arbitration generally covers civil and commercial disputes arising from a valid arbitration agreement, not criminal liability or offences against the State.

Keywords

Keywords: Legal Services Authorities Act, compromise, arbitral award, compoundable offence, access to justice.

Topics: access to justice, alternative dispute resolution, lok adalats and arbitration, polity and governance