NIOS Class 12 Introduction to Law Chapter 16 Legal Services and Lok Adalat

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NIOS Class 12 Introduction to Law Chapter 16 Legal Services and Lok Adalat

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Legal Services and Lok Adalat

Chapter: 16

Module – 4 Indian Court System and Methods of Resolution Disputes

INTEXT QUESTIONS 16.1

1. Why do we need ‘Lok Adalats’? Discuss briefly the statutory foundation of Lok Adalats.

Ans: As we know that justice delayed is justice denied. This statement is true if we see the backlog of pending cases before courts of different level. It resulted into delay justicing in India. Mounting arrears of cases has brought the judiciary and the judicial process at the verge of collapse. In this given state the Lok adalat in the best option with the people to resort for availing cheap and speedy justice. Lok adalat accepts the case which is settled by conciliation and compromise. The Lok adalat will save time as well as money of the poor persons. Statutory Foundation– Art. 39-A of the Constitution of India the Parliament has enacted the Legal Services Authorities Act, 1987 with the legislative intent to constitute various legal services authorities to provide free and competent legal service to the weaker sections of the society to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities and to organise Lok Adalat to ensure that the operation of the Legal system promotes justice on the basis of equal opportunity. The Act was passed to advance the constitutional mission of social justice by creating legal services authorities and to organise Lok Aadalats to provide cheap and quick justice to the deprived and the destitute.

2. Have you ever attended any ‘Lok Adalat’ which was conducted in your district? If yes, then tell your experience.

Ans: Yes, My experience of attending the ‘Lok Adalat’ was very exciting.

3. Fill in the blanks—

(a) Lok Adalats are to consist of three members – a sitting or retired _____________, a member of the __________ and a social worker, preferably women.

Ans: (i) Judicial Officer.

(ii) Legal Profession.

(b) There is _________ appeal against the award delivered by ‘Lok Adalat’.

Ans: No.

INTEXT QUESTIONS 16.2

1. Define ‘Plea Bargaining’.

Ans: ‘Plea Bargaining’ can be defined as “Pre-Trial negotiations between the accused and the prosecution during the accused agrees to pleat guilty in exchange of certain concessions by the prosecution.

2. List various types of ‘Plea Bargaining’.

Ans: Plea Bargaining may be divided into three broad types.

These are:

(a) Charge Bargaining.

(b) Sentence Bargaining.

INTEXT QUESTIONS 16.3

1. What are the advantages of ‘Plea Bargaining’?

Ans: ‘Plea Bargaining’ helps the Court and State to manage the case loads. It reduces the work load of prosecutors enabling them to prepare for the gravest cases by leaving the petty offences to settle through ‘Plea Bargaining’. It is also a factor in reforming the offenders by accepting the responsibility for before the law with out having an expensive and time consuming trial.

TERMINAL EXERCISES

1. Explain the main provisions of Legal Services Authority Act, 1987.

Ans: The Legal Services Authorities Act, 1987 was enacted to provide free and competent legal services to the weaker sections of society and to ensure that justice is not denied due to poverty or disability, as guaranteed under Article 39A of the Constitution. The Act came into force on 9 November 1995.

It established a three-tier structure — (1) National Legal Services Authority (NALSA) at the national level, (2) State Legal Services Authorities (SLSA) at the state level, and (3) District Legal Services Authorities (DLSA) at the district level. These bodies work to implement legal aid schemes, spread legal awareness, and organize Lok Adalats for speedy and amicable dispute settlement.

The Lok Adalats (People’s Courts) provide inexpensive and quick justice through conciliation and compromise. Their decisions are final and binding, with no appeal allowed. Free legal services are provided to women, children, SC/ST persons, workers, prisoners, and others with low income.

2. Name the Authorities which are constituted under the Legal Services Authority Act, 1987. What are their functions?

Ans: Authorities Constituted:

National Legal Services Authority (NALSA) – It is the apex body established by the Central Government.

State Legal Services Authorities (SLSA) – Constituted in each State to implement the policies and directions of NALSA.

District Legal Services Authorities (DLSA) – Set up in every district to coordinate legal aid programs at the district level.

Taluk Legal Services Committees (TLSC) – Established at the taluk or sub-divisional level to provide legal services in rural and remote areas.

Functions:

To organize Lok Adalats for amicable settlement of disputes.

To provide free legal aid to the poor, marginalized, and weaker sections.

To spread legal awareness through legal literacy camps and programs.

To encourage conciliation and mediation for dispute resolution.

To implement schemes and policies framed by NALSA for uniform access to justice.

3. “The Lok Adalat System is beneficial for the poor sections of the society.” Explain.

Ans: The Lok Adalat system is indeed very beneficial for the poor sections of society because it provides a simple, speedy, and inexpensive way to get justice. Many poor people cannot afford the high cost of court cases or long delays in the regular judicial process. Lok Adalats help them by resolving disputes through conciliation and compromise, without the need for lawyers or long court procedures.

Cases in Lok Adalats are settled amicably, saving both time and money for the parties involved. The decisions (called awards) given by Lok Adalats are final and binding, and no court fee is charged. This system helps reduce the burden of pending cases in courts and promotes social harmony.

Thus, Lok Adalats ensure “justice at the doorstep” and protect the constitutional right of equal justice for all, especially for the poor, illiterate, and weaker sections who might otherwise be denied access to justice due to financial or social constraints.

4. Explain briefly the jurisdiction and award of ‘Lok Adalat’.

Ans: Jurisdiction of Lok Adalat:

(i) Lok Adalats have the power to take up cases pending in any court or disputes which have not yet been filed in a court, provided both parties agree to settle the matter.

(ii) They can handle cases related to civil matters (such as property, marriage, and recovery of money) and compoundable criminal cases (where compromise is legally allowed).

(iii) However, non-compoundable criminal cases cannot be taken up by Lok Adalats.

Award of Lok Adalat:

(i) The decision made by Lok Adalat is called an award.

(ii) Such an award is final and binding on all the parties to the dispute.

(iii) It is enforceable as a decree of a civil court, meaning it has the same effect as a court judgment.

(iv) No appeal lies against the award of a Lok Adalat, which ensures quick resolution and finality of the dispute.

5. What is the meaning of ‘Plea Bargaining’? Write down the advantages of Plea Bargaining.

Ans: ‘Plea Bargaining’ can be defined as “Pre-Trial negotiations between the accused and the prosecution during which the accused agrees to plead guilty in exchange for certain concessions by the prosecution”. It gives criminal defendants the opportunity to avoid sitting through a trial risking and conviction on the original more serious charge. For example, a criminal defendant charged with a theft charge, the conviction of which would require imprisonment in state prison, may be offered the opportunity to plead guilty to a theft charge, which may not carry jail term.

The main advantages are as follows —

(i) Reduces Case Load of Courts: Plea bargaining helps the courts and prosecutors manage heavy workloads by reducing the number of full trials. It allows judges to focus on more serious and complex cases.

(ii) Saves Time and Cost: It avoids lengthy and expensive trials, saving both the court’s time and the litigants’ expenses on lawyers, documentation, and repeated appearances.

(iii) Ensures Speedy Justice: Through plea bargaining, disputes are resolved quickly, giving justice without unnecessary delay to both the accused and the victim.

(iv) Encourages Acceptance of Responsibility: The accused voluntarily accepts responsibility for their offence. This leads to moral and behavioural reform, promoting rehabilitation and reducing repeat offences.

(v) Helps Prosecution in Weak Cases: In cases where evidence or witnesses are weak, plea bargaining allows the prosecution to secure a conviction rather than risk an acquittal in trial.

(vi) Assists in Investigations: A prosecutor may agree to plea bargaining with a minor accused to collect evidence against more serious offenders, helping in the overall justice process.

(vii) Relief for Undertrial Prisoners: It provides quick disposal of pending cases, reducing the number of undertrials in jails and helping to decongest prisons.

(viii) Benefit to Victims: Victims get early relief and closure without waiting for a long trial. It saves them from emotional stress and repeated court appearances.

(ix) Promotes Efficient Justice System: By reducing the number of pending cases and saving judicial resources, plea bargaining makes the justice delivery system more efficient and accessible.

6. Match the right in column ‘A’ with their corresponding duties in column ‘B’.

Column A	Column B
(a) The Legal Services Authority Act, 1987, provides for the constitution of	(a) reduce the case loads
(b) Lok Adalat is known as	(b) can organise Lok Adalat
(c) State Authority	(c) from American system
(d) ‘Plea Bargaining’ concept is taken	(d) people’s court
(e) ‘Plea Bargaining’ helps the Court to	(e) National Legal Services Authorities

Ans:

Column A	Column B
(a) The Legal Services Authority Act, 1987, provides for the constitution of	(e) National Legal Services Authorities
(b) Lok Adalat is known as	(d) people’s court
(c) State Authority	(b) can organise Lok Adalat
(d) ‘Plea Bargaining’ concept is taken	(c) from American system
(e) ‘Plea Bargaining’ helps the Court to	(a) reduce the case loads