Permanent Lok Adalat Structure: Article 142 Powers of Supreme Court
Permanent Lok Adalats (PLAs) are a key mechanism under the Legal Services Authorities Act, 1987, designed to provide pre-litigation conciliation and speedy resolution of disputes relating to public utility services, such as transport, water, and postal services. Their structure and functioning aim to reduce judicial backlog, ensure access to justice, and promote amicable settlements, complementing India’s formal judicial system.
PLAs function as statutory quasi-judicial bodies with two main components: conciliation and adjudication. Initially, the Presiding Officer, along with other members, attempts conciliation between disputing parties. If parties fail to reach an agreement, the PLA has the power to adjudicate the matter, subject to statutory limits, providing a binding award. The objective is to deliver efficient, cost-effective, and locally accessible dispute resolution, particularly for disputes of smaller value or involving public utility services.
The structure of PLAs includes:
- Presiding Officer – usually a retired judicial officer with experience in civil or criminal matters.
- Other members – experts in law, social welfare, or administration, assisting in conciliation and decision-making.
- Jurisdiction – limited to pre-litigation disputes in public utility services, with monetary limits prescribed by state rules.
While PLAs operate under statutory authority, their awards can be challenged in higher courts on limited grounds, preserving judicial oversight. The structure emphasizes conciliation first, with adjudication as a last resort, ensuring that parties have an opportunity for voluntary settlement before formal legal proceedings.
The Supreme Court’s powers under Article 142 interact with PLAs in exceptional circumstances. Article 142 of the Constitution empowers the Supreme Court to pass any decree or order necessary for complete justice in a case. This includes the power to enforce PLA awards, direct compliance, or provide remedies beyond statutory limitations, ensuring that justice is not frustrated by procedural or statutory gaps. For example, if a PLA award is not implemented, parties may approach the Supreme Court, which can use Article 142 to enforce the award or issue directions to achieve fair resolution, reflecting the Court’s broad equitable powers.
Judicial interpretation has reinforced that Article 142 powers are complementary to statutory frameworks like PLAs. Courts have clarified that these powers cannot override statutory procedures, but can be invoked to ensure that justice is effective, timely, and complete, particularly in cases where statutory bodies are unable to enforce awards or prevent denial of rights. The Supreme Court has also used Article 142 to streamline pre-litigation mechanisms, integrate PLAs within the broader judicial system, and reduce pendency of cases.
PLAs and Article 142 together reflect a dual approach to justice: statutory efficiency at the grassroots level and constitutional oversight at the apex level. PLAs address disputes locally, ensuring accessibility, affordability, and speed, while Article 142 ensures that justice is not hampered by statutory or procedural limitations, maintaining the rule of law and equitable outcomes.
In conclusion, the Permanent Lok Adalat structure provides an effective alternative dispute resolution mechanism for pre-litigation matters in public utility services, emphasizing conciliation and limited adjudication. The Supreme Court’s Article 142 powers act as a safety net, enabling enforcement, supplementation, or correction of PLA outcomes to ensure complete justice. Together, PLAs and Article 142 exemplify India’s commitment to access to justice, speedy dispute resolution, and judicial activism, combining statutory efficiency with constitutional authority to uphold fairness, equity, and the rule of law.