Roadmap for Answer Writing 1. Introduction Begin with the significance of judicial reforms and introduce the concept of the All-India Judicial Service (AIJS). Highlight its proposal under NITI Aayog’s Strategy for New India @ 75 and recent endorsements by prominent figures like President ...
Model Answer Lok Adalats vs. Arbitration Tribunals Both Lok Adalats and Arbitration Tribunals serve as alternative dispute resolution (ADR) mechanisms aimed at resolving disputes outside the conventional court system. However, they differ in terms of nature, jurisdiction, and procedures. DistinctionRead more
Model Answer
Lok Adalats vs. Arbitration Tribunals
Both Lok Adalats and Arbitration Tribunals serve as alternative dispute resolution (ADR) mechanisms aimed at resolving disputes outside the conventional court system. However, they differ in terms of nature, jurisdiction, and procedures.
Distinction between Lok Adalats and Arbitration Tribunals
Nature of Disputes
- Lok Adalats primarily address minor civil, family, and petty criminal cases. For instance, they often resolve land disputes, matrimonial issues, and cases like cheque bounces (Legal Services Authorities Act, 1987).
- Arbitration Tribunals focus on commercial, contractual, and corporate disputes. A notable example is the Vodafone tax case, which was settled through arbitration (Arbitration and Conciliation Act, 1996).
Legal Basis
- Lok Adalats operate under the Legal Services Authorities Act, 1987, aimed at delivering quick and accessible justice, particularly for underprivileged citizens.
- Arbitration Tribunals function under the Arbitration and Conciliation Act, 1996, which provides a structured framework for resolving disputes.
Voluntary Nature
- Participation in Lok Adalats is voluntary, requiring mutual agreement from both parties to resolve disputes.
- In contrast, Arbitration Tribunals are based on agreements or contracts between disputing parties.
Appointment of Judges/Arbitrators
- Lok Adalats are chaired by a judicial officer, typically a retired judge or sitting magistrate.
- Arbitrators in Arbitration Tribunals are selected by the parties involved and may include legal or non-legal professionals, as seen in international cases like Cairn Energy vs. the Indian Government.
Cost Efficiency
- Lok Adalats generally do not require court fees, making them more cost-effective.
- Arbitration Tribunals involve fees for arbitrators and legal representation, which can increase costs significantly.
Appeal Process
- Once a settlement is reached in Lok Adalats, no appeal can be made, although parties retain the right to litigate.
- In Arbitration, awards can be challenged under certain conditions, often due to bias or procedural issues, as demonstrated in the Antrix-Devas arbitration case.
Role of Lawyers
- Lok Adalats do not require legal representation, though parties may seek advice. Many parties represent themselves.
- Arbitration Tribunals typically involve lawyers, especially in complex cases like Reliance vs. ONGC.
Speed of Resolution
- Lok Adalats resolve disputes quickly, often in a single sitting. For example, over 1.14 crore cases were settled at the 3rd National Lok Adalat (2024) organized by NALSA.
- Arbitration can take longer, depending on the case’s complexity.
Civil and Criminal Case Jurisdiction
- Lok Adalats handle civil matters and minor criminal cases (compoundable offences), such as cheque bounce cases and motor accident claims.
- Arbitration Tribunals strictly deal with civil matters, particularly commercial disputes, as seen in the Ambani family asset dispute.
Model Answer Introduction The All-India Judicial Service (AIJS) has been proposed as a national-level recruitment system to address systemic issues in the judiciary, such as vacancies, lack of meritocracy, and political interference. Endorsed by NITI Aayog and President Droupadi Murmu, it aims to brRead more
Model Answer
Introduction
The All-India Judicial Service (AIJS) has been proposed as a national-level recruitment system to address systemic issues in the judiciary, such as vacancies, lack of meritocracy, and political interference. Endorsed by NITI Aayog and President Droupadi Murmu, it aims to bring uniformity and enhance judicial quality, but it also faces significant challenges.
Feasibility of AIJS Implementation
Challenges of AIJS Implementation
Way Forward
Conclusion
AIJS has the potential to transform India’s judiciary by ensuring meritocracy and addressing systemic issues. However, its success hinges on overcoming constitutional, administrative, and political challenges through a balanced and inclusive approach. A consensus-driven implementation strategy is essential to make AIJS a reality.
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