The amendments effected
in the Legal Services Authorities Act, 1987 are designed to establish
Permanent Lok Adalats as an additional forum to the litigant persons
for resolution of their disputes with certain public utility services.
Under the Act, it is optional to the litigant persons to approach
the Permanent Lok Adalats for settlement of their disputes with
the public utility services. The resolution of disputes through
Permanent Lok Adalats will minimize the litigation expenditure,
save valuable time of the parties and their witnesses and also
facilitate inexpensive permanent remedy appropriately to the satisfaction
of both the parties. It is in this context that it will not be
proper to say that the institution of Permanent Lok Adalats is
anti litigant.
The Supreme Court
of India has also examined the validity of the amendment made
in the 1987 Act in Writ Petition (Civil No. 543/202) in the case
of S.N. Pandey Vs. Union of India, and vide its order of October
28, 2002 upheld the constitutional validity of the amendments
made during 2002 in the 1987 Act. The Supreme Court of India has
also held that, "the constitution of the Permanent Lok Adalats
mechanism contemplates the judicial officer or a retired judicial
officer being there along with other persons having adequate experience
in the public utility services. We do not find any constitutional
infirmity in the said litigation. The Act ensures that justice
will be available to the litigant speedily and impartially. We
do emphasize that the persons who are appointed on the Permanent
Lok Adalats should be persons of integrity and adequate experience".
Under Section 22D
of the Legal Services Authorities (Amendment) Act, 2002, the Permanent
Lok Adalat while conducting conciliation proceedings or deciding
disputes on merit shall be guided by the principle of natural
justice, objectivity, fairplay, equity and other principles of
justice, and shall not be bound by the Code of Civil Procedure,
1908 and the Indian Evidence Act, 1872.
It is, therefore,
planned not to review the Legal Services Authorities (Amendment)
Act, 2002.
