GS Paper II — Q2
Explain and distinguish between Lok Adalats and Arbitration Tribunals. Whether they entertain civil as well as criminal cases ?…
Explain and distinguish between Lok Adalats and Arbitration Tribunals. Whether they entertain civil as well as criminal cases ? (Answer in 150 words) 10 marks
हिंदी में प्रश्न पढ़ें
लोक अदालत तथा मध्यस्थता अधिकरण की व्याख्या कीजिए तथा उनमें अंतर स्पष्ट कीजिए। क्या वे दीवानी तथा आपराधिक दोनों प्रकृति के मामलों पर विचार करते हैं ? (उत्तर 150 शब्दों में लिखिए)
Model answer
Drafted with AI by UPSC Answer Check against this question's marking rubric, to the 150-word length. UPSC does not publish answers for Mains — this is one way to score well, not an official key. How we build rubrics and answers.
Lok Adalats and Arbitration Tribunals are vital Alternative Dispute Resolution (ADR) mechanisms in India differing in foundation and procedure.
Legal Basis and Nature: Lok Adalats, constituted under Section 19 of the Legal Services Authorities Act, 1987, resolve disputes through statutory conciliation and compromise. Conversely, Arbitration Tribunals, governed by the Arbitration and Conciliation Act, 1996 (amended 2015/2019), provide private adjudication based on contractual agreements.
Procedure and Awards: Lok Adalats are informal, charge no court fees, and issue awards deemed as civil court decrees under Section 21, carrying no appeal. Arbitration entails formal proceedings by party-appointed arbitrators, yielding binding awards enforceable under Section 36 and challengeable only under Section 34.
Jurisdiction over Civil and Criminal Cases: Lok Adalats entertain both civil disputes and compoundable criminal offences under Section 320 CrPC (now Section 359 BNSS). In contrast, Arbitration Tribunals handle only arbitrable civil and commercial matters; criminal offences are non-arbitrable (Booz Allen v SBI Home Finance, 2011). Permanent Lok Adalats under Section 22B can, unusually, decide public-utility disputes on merits if conciliation fails.
Together, they serve complementary roles in enhancing access to justice and decongesting formal courts.
How this answer will be evaluated
Framework: GS2 Paper 2: Institutions & Governance
What earns full marks: Clear distinction with statutory basis and precise jurisdictional limits for both.
Evaluation rubric
Each sub-part is marked on its own, against the marks and word limit printed on the paper.
- The answer Explain and distinguish Lok Adalats and arbitration tribunals, and state whether they entertain civil and criminal cases. 10 marks · 150 words
compare— paired headings or point-wise contrast → key differences → significance → conclusion
Must cover
- Lok Adalat: Legal Services Authorities Act, 1987 (s.19); conciliation and compromise; no court fee; award deemed a civil decree, final with no appeal (s.21); National and Permanent Lok Adalats
- Arbitration tribunal: Arbitration and Conciliation Act, 1996; arises from an arbitration agreement; adjudicatory; award enforceable as a decree (s.36), challengeable only on limited grounds (s.34)
- Distinctions: consent-based settlement vs binding adjudication; fees; appointment; finality; role of courts
- Jurisdiction: Lok Adalats take civil disputes and compoundable offences (s.320 CrPC, now s.359 BNSS) but not non-compoundable ones; arbitration only arbitrable civil/commercial disputes—criminal matters are non-arbitrable (Booz Allen, 2011)
Loses marks
- Saying arbitration covers criminal cases
- Saying Lok Adalat awards are appealable
Earns more
- Permanent Lok Adalats (s.22B) can decide public-utility disputes on merits if conciliation fails
- Institutional arbitration and the 2019 amendment (Arbitration Council of India)
Extra mark
- Data on cases disposed of in National Lok Adalats
What "Distinguish" is asking you to do
Name the property that separates the items and say which side holds it. Distinguish is marked exactly as differentiate is, with no difference in expectation, but its stems more often line up three terms rather than two — gender equality, gender equity and empowerment — and every pair in the set has to be separated.
Structure that answers it
The category they all sit in → the property dividing the first pair → the second pair → the third → why the boundary matters in practice
Where marks are lost
Separating the two obviously different items and leaving the middle term unplaced. A description of each side from which the line must be inferred is marked as description, not as a distinction.
Practice this exact question
Write your answer and it is marked point by point against the model answer above — what you covered, what you missed, what you got wrong.
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