State the significance of Public Interest Litigation in the mu
Explain the concept of Lok Adalats? Why are they called People's Courts?
uplain the qualifications, tenure a
Answers
Answer:
- Significance of PIL
It is an important tool to make human rights reach those who have been denied rights. It democratises the access of justice to all. Any citizen or organisation who is capable can file petitions on behalf of those who cannot or do not have the means to do so.
2.it is called people's court As Lok Adalat (People's Court) is one of the Alternative dispute resolution mechanisms in India, it is a forum where cases pending or at pre litigation stage in a court of law are settled. They have been given statutory status under the Legal Services Authorities Act, 1987.
Answer:
In addition to what the above paragraph states, the public interest litigation gets initiation by a group of people. These people belong to the country where the filing of the litigation happens. Also, it is important to understand that PIL is a practice that allows the following to file for litigation:
an individual; or
a group of people
Further, this individual person or a group of people can directly file interest litigation with the Supreme Court. Apart from the Supreme Court of India, the High Courts, as well as the Judicial Members, are capable of accepting litigation files.
Explanation:
Objectives Of PIL
The aim of PIL is to give access to the courts to the common/poor people of this country to obtain legal help. So PIL is a process, of obtaining justice for the people for voicing the people’s grievances through the legal process.
Any citizen can approach the court for the public cause (in the interests of the public or public welfare) by filing a petition:
1. In Supreme Court under Article 32 of the Constitution
2. In High Court under Article 226 of the Constitution
3. In the Court of Magistrate under Section 133, Cr. P.C
2__Lok Adalat (People's Court) is one of the Alternative dispute resolution mechanism in India, it is a forum where cases pending on panchayat or at pre litigation stage in a court of law are settled. They have been given statutory status under the Legal Services Authorities Act, 1987. Under this Act, the award (decision) made by the Lok Adalats is deemed to be a case of a civil court and is final and binding on all parties and no appeal against such an award lies before any court of law. If the parties are not satisfied with the award of the Lok Adalat (though there is no provision for an appeal against such an award), they are free to initiate litigation by approaching the court of appropriate jurisdiction.[1]
The first lok adalat was held in Gujrat in 1982.
First time held in Chennai in 1986.
Accepts cases pending in regular court under their jurisdiction.
The Lok Adalat are presided over by Members of Lok Adalat; they have the role of statutory conciliators only and do not have any judicial role, therefore they can only persuade the parties to come to a settlement
Main condition of the Lok Adalat is that both parties in dispute should agree for settlement.
There is no court fee and if a matter pending in the court of law is referred to the Lok Adalat and is settled subsequently, the court fee originally paid in the court on the complaints/petition is also refunded back to the parties.
The procedural laws and the Evidence Act are not strictly followed while assessing the merits of the claim by the Lok Adalat.
The decision of the Lok Adalat is binding on the parties to the dispute and its order is capable of execution through legal process.
Lok Adalat is very effective in settlement of money claims. Disputes like partition suits, damages and matrimonial cases can also be easily settled before Lok Adalat, as the scope for compromise through an approach of give and take is high in these cases. A Lok Adalat can take up civil cases (including marriage, and family disputes) and compoundable criminal cases .First time lok adalat was held in Gujrat in 1999
HOPE YOU UNDERSTAND