Lok Adalats and social justice

The essentials

Social justice means removing inequalities so that weaker sections can enjoy rights in practice. The Preamble promises justice – social, economic and political – and Article 38 directs the State to secure a social order based on such justice. Legal aid and Lok Adalats turn this promise into reality by giving the poor cheap, quick and friendly access to justice. The first Lok Adalat camp is generally traced to Gujarat in 1982, and the 1987 Act later gave Lok Adalats statutory status.

Key points

• Why Lok Adalats help the poor: no court fee, informal procedure, quick disposal, local language, and settlement that preserves relationships.
• Cases taken up: pending court cases (when parties agree or the court finds them suitable) and pre-litigation disputes.
• Awards: binding and final, with no appeal; this saves years of litigation.
• Legal literacy: legal services authorities run awareness camps, para-legal volunteers and legal aid clinics in villages, jails and law schools.
• Public Interest Litigation: cases such as Bandhua Mukti Morcha v. Union of India (1984) on bonded labour show how courts helped vulnerable groups who could not approach courts themselves.
• Human rights link: access to justice is itself a human right; without it, other rights cannot be enforced (ubi jus ibi remedium).
• Criticisms: pressure on weaker parties to compromise, focus on number of cases disposed rather than quality, and limits on cases they can handle.

Exam tips

• Link Lok Adalats with Article 39A and the idea of access to justice.
• Expect questions on the advantages and limitations of Lok Adalats.

Common mistakes

• Assuming Lok Adalats are part of the regular court hierarchy that decides on merits; ordinary Lok Adalats work by compromise.
• Treating social justice as only economic equality; it also includes dignity and equal access to institutions.