The many ‘Adalats’ in India that promise expertise and speed

These quasi judicial courts act as catalyst of change in the country's legal framework and help in easing the caseload of judiciary, besides being domain-experts.

Odisha government's initiative 'Promotion Adalat' is underway and a total of 337 cases were heard and disposed of on the first day of the Adalat. The three-day Promotion Adalat began on February 1 and is seeing queues of State government employees who are here to plead their cases on this special forum.

First held on 28 January 2020, Promotion Adalat is a sort of fast-track court set up by the Odisha government to re-examine cases where government employees feel that they have been unjustly overlooked for a promotion.

Here is a look at other such highly effective 'adalats' in India which are established for discharging judicial and quasi-judicial duties, and have been effectively easing the caseload of judiciary and bringing in subject expertise for technical matters. The quasi-judicial adalats, with powers resembling a court of law, have been acting as catalysts for change in the country's legal framework.

Lok Adalat

'Lok Adalat' is one of the alternative dispute resolution mechanisms where pending cases at the pre-litigation stage in a court of law, are settled. Lok Adalat is a statutory organisation under the Legal Services Authorities Act, 1987.

Lok Adalats have been immensely successful in helping Indian citizens get relief by ending or preventing long lasting legal battles and have bridged the gap between the litigants and the judiciary.

The members of the Lok Adalats, who have the role of statutory conciliators only and do not have any judicial role, can only persuade the parties to come to a conclusion for settling the dispute outside the court in the Lok Adalat.

According to the National Legal Services Authority, any cases pending before any court or any dispute which has not been brought before any court and is likely to be filed can be referred to Lok Adalat. It further says that any matter relating to an offence not compoundable under the law shall not be settled in Lok Adalat.

The immense success of Lok Adalat can be guessed from the PIB figures that states that in 2021, a total number of 1,27,87,329 cases were disposed of in four National Lok Adalats, which included 55,81,117 pending cases and 72,06,212 pre-litigation cases.

Income Tax Appellate Tribunal

Income Tax Appellate Tribunal (ITAT) is a quasi-judicial institution that was set up in January 1941 with six Members constituting three Benches - one each at Delhi, Kolkata (Calcutta) and Mumbai (Bombay).

The ITAT deals with appeals under the Direct Taxes Acts. The orders passed by the ITAT are final, an appeal lies to the High Court only if a substantial question of law arises for determination. The ITAT presently has 63 Benches at 27 different stations covering almost all the cities having a seat of the High Court.

ITAT, which is often referred as 'Mother Tribunal' since it is the oldest tribunal in the country, draws inspiration from its motto 'Nishpaksh Sulabh Satvar Nyay', which means impartial, easy and speedy justice, says the Income Tax Appellate Tribunal's website.

Given the success and reach of the ITAT, the Government of India has constituted similar Appellate Tribunals for indirect taxes such as Customs, Excise, Service Tax Appellate Tribunal (CESTAT), Central Administrative Tribunal (CAT), Railway Claims Tribunal and Foreign Exchange Appellate Board.

Fast-Track Special Courts

Women safety and child security have been high priority issues for the government in recent times. To ensure speedy trials, Government of India in 2019 implemented a scheme to initially set up special courts for expeditious trail and disposal of cases related to rape and Protection of Protection of Children from Sexual Offences (POCSO) Act.

1,023 Fast-Track Special Courts (FTSCs), including 389 exclusive POCSO Courts, were initially set for one year but have been continued to 31 March 2023. As of December 2022, 768 FTSCs, including 418 exclusive POCSO Courts, are functional in 28 States/UTs which have disposed of more than 1,37,000 pending cases, according to an official statement.

Armed Forces Tribunal

Armed Forces Tribunal is a military tribunal of India and was established on 8th August 2009. It is a statutory body set up under the Armed Forces Tribunal Act 2007.

The tribunal addresses disputes and complaints regarding commission, appointments, enrolments and conditions of service in respect of persons subject to the Army Act, 1950, The Navy Act, 1957, and the Air Force Act, 1950. It can further provide for appeals arising out of orders, findings or sentences of Court Martial held under the said Acts and for matters connected therewith or incidental thereto, according to the AFT's website.

The AFT is composed of judicial members, who are retired high court judges, and administrative members who are either retired members of the Armed Forces or a judge, Advocate-General.

National Green Tribunal

The National Green Tribunal was established in 2010 under the National Green Tribunal Act. It is a specialised body equipped with the necessary expertise to handle environmental disputes. It was formed by replacing the National Environment Appellate Authority. It also draws inspiration from Article 21 of the India Constitution which assures to provide a healthy environment to the citizens of India.

The cases taken care of by the NGT relate to environmental protection and conservation of forests and other natural resources. It also includes enforcement of any legal right relating to the environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto.

Special Anti-Corruption Court

Special courts have also been set up to hear various corruption cases brought in by the Anti-Corruption Bureau (ACB) under the Prevention of Corruption Act, 1947. Special judges are appointed to such courts on the basis of their experience as a Sessions Judge or an Additional Sessions Judge or an Assistant Sessions Judge under the Code of Criminal Procedure, 1973.

A Special Judge may pass upon any person convicted by him any sentence authorised by law for the punishment of the offence of which such person is convicted. In an important ruling, the Supreme Court held that direct evidence of demand or acceptance of bribes is not necessary to convict a public servant under the Prevention of Corruption Act and that such fact can be proved through circumstantial evidence.