Alternative resolution distputes notes

alternative dispute resolution, or external dispute

resolution, typically denotes a wide range of dispute
resolution processes and techniques that act as a
means for disagreeing parties to come to an
agreement.

What is an Alternative Dispute Resolution?

Alternative Dispute Resolution (ADR) is a technique to resolve disputes and
disagreements between the parties by arriving at an amenable settlement through
negotiations and discussions. It is an attempt to establish an alternative mechanism
other than the traditional methods of dispute resolutions. The ADR mechanism offers
to facilitate the resolution of matters of business issues and the others where it has
not been possible to initiate any process of negotiation or arrive at a mutually
agreeable solution.

In India, ADR is established on the basis of Article 14 (Equality before law) and
Article 21 (Right to life and personal liberty) under the Constitution of India. The
Directive Principles of State Policy (DPSP) of Equal justice and free legal aid as
engraved in Article 39-A of the Indian Constitution can also be achieved by the ADR.

Aspirants can check out the following links for further details –

1. Right to Life (Article 21 of the Indian Constitution)

2. Directive Principle of State Policy (DPSP)
3. Preamble Decoded – Liberty, Equality, Fraternity & Justice

Types of Alternate Dispute Resolution mechanisms

Various Alternative Dispute Resolution mechanisms can be classified as:

1. Arbitration
2. Conciliation
3. Mediation
4. Judicial Settlements inclusive of Lok Adalats
5. Negotiations

Arbitration
Under this form of Alternative Dispute Resolution mechanism, both the parties
involved in the dispute, choose the person to hear and determine their dispute
through a consensus. The objective of arbitration is to arrive at a fair resolution
through an unbiased tribunal speedily and in a cost-effective manner.

Go through the following links in relation to Arbitration –

1. The Arbitration and Conciliation (Amendment) Bill

2. Permanent Court of Arbitration (PCA)

Conciliation

Under the process of conciliation, the intention is to facilitate the settlement between
the parties. The parties, however, are not obliged or are not bound by the
conciliation, in a sense that negotiations can be carried out until the parties arrive at
a mutually pleasing settlement. The process is handled by an impartial individual
termed as the conciliator. He is an active participant in the process of conciliation
and is involved in discussing the issues, negotiating and bringing about an amicable
settlement.

Mediation

A mediator is involved in assisting the parties in dispute to reach an agreement. The

parties in dispute themselves set the conditions of the settlement to be reached. The
third-party does not impose any decisions on the parties but merely acts as a
facilitator involved in improving the dialogue between the parties.

Lok Adalats

The establishment of Lok Adalat system of dispute settlement system was brought
about with the Legal Services Authorities Act 1987 for expediting the system of
dispute settlement. In Lok Adalats, disputes in the pre-litigation stage could be
settled amicably.

Read more on, Lokpal & Lokayuktas: RSTV – The Big Picture on the linked page.

Negotiations

It is the most common method of alternative dispute resolution. A non-binding

procedure in which discussions between the parties are initiated without the
intervention of any third party with the object of arriving at a negotiated settlement to
the dispute. Negotiation occurs in business, non-profit organizations, government
branches, legal proceedings, among nations and in personal situations such as
marriage, divorce, parenting, and everyday life.

Aspirants can go through the following links to do comprehensive preparation of the

upcoming Civil Services Examinations-

Insolvency And Bankruptcy Code Non Performing Assets (NPA) NALSA – National Legal Services
(IBC 2016) Authority of India

S4A Scheme- Aims, Significance & Disinvestment Policy in India Strategic Disinvestment: Facts,
Limitations and DIPAM Importance

Foreign Contribution (Regulation) Foreign Exchange Management Difference between FERA and
Act – FCRA 2020 Act (FEMA) FEMA in India

Alternative Dispute Resolution in India

 Lok Adalat or “people’s court” comprises an informal setting that facilitates negotiations in
the presence of a judicial officer wherein cases are dispensed without undue emphasis
on legal technicalities. The order of the Lok-Adalat is final and binding on the parties, and
is not appealable in a court of law.
 Procedure for plea-bargaining was included in the Code of Criminal Procedure in 2005.

What is Plea Bargaining?

Plea-bargaining is best described as a “pre-trial negotiation between the accused and the
prosecution during which the accused agrees to plead guilty in exchange for certain
concessions by the prosecution

 The Legal Services Authorities Act was passed in 1987 to encourage out-of-court
settlements, and the new Arbitration and Conciliation Act was enacted in 1996.

Advantages of Alternation Dispute Resolutions ADR

 It is more viable, economic, and efficient because the procedural flexibility saves valuable
time and money and there is no stress of a conventional trial
 Helping maintain confidentiality as the resolution of disputes takes place usually in
private.
 The possibility of ensuring that specialized expertise is available on the tribunal in the
person of the arbitrator, mediator, conciliator, or neutral adviser.
 The result is often creative solutions, sustainable outcomes, greater satisfaction, and
improved relationships.
 Further, it offers greater direct control over the outcome. Personal relationships may also
suffer less.
Frequently asked Questions about
Alternative Dispute Resolution
Q1

What are the four types of Alternative Dispute

Resolution?
The most common types of Alternative Dispute Resolution for civil cases are mediation,
settlement conferences, neutral evaluation, and arbitration.
Q2

What is the fastest growing method of alternative

dispute resolution?
Mediation is the fastest growing method of ADR. Mediation is a process in which an impartial
third party, the mediator, assists the parties in considering options for settlement of their dispute.

Explain about lokpal and lokayuktas

Lokpal and Lokayukta Act 2013 is an anti-corruption authority that
represents the public interest. This concept is taken from Sweden which
is also called an Ombudsman. The Lokpal takes care of and ensures the
inquiry and prosecution of the cases where union officials are charged with
corruption cases. Whereas, Lokayukta is a state-level body that is similar to
Lokpal and acts the state-level officials and looks after their corruption
charges. The Lokpal and Lokayukta Act 2013 concerns the issues
pertaining to corruption.

What is Lokpal And Lokayukta Act 2013?

The Lokpal and Lokayukta Act 2013 is generally called the Lokpal act
which is an anti-corruption act passed by the Parliament of India.

Lokpal and Lokayukta Act Notes PDF

 The Lokpal and Lokayukta bill 2013 was passed by the Upper house
on 17th December 2013.
 The Lokpal and Lokayukta bill received assent from the President of
India on 1st January 2014 which further came into force on 16th
January.
  Lokpal and Lokayukta are the bodies that fulfill the responsibility of
an ombudsman which means an authority that investigates the
complaints related to a person, organization, or any government
agency for the claims of corruption.

 What is Lokpal?
 The Lokpal is the first organization and one of its own kind in
India. Lokpal was established under the Lokpal and Lokayukta Act
2013 whose main task was to enquire and investigate the cases
related to corruption with respect to the officials and organizations at
the Central level.
 Lokpal of India is purely committed to making clean governance in
India and hence it makes all genuine efforts to serve the public
domain. As India is the secretary member of the United Nations
Convention against Corruption therefore the construction of such a
body to punish the act of corruption is an important move.

What is Lokayukta?
Lokayukta is the same as the Lokpal as it is also an anti-corruption
authority for the states of India. The Lokayukta keeps an eye on the
officials and public organizations and investigates the allegations of
corruption and maladministration.

Lokayukta is created as the statutory authority with fixed terms of office to

enable them to carry out their duties impartially and independently.
Generally, the person appointed for Lokayukta is the one who has served
as the Chief Justice of the High Court or the Supreme Court.

History of Lokpal and Lokayukta Act

Let’s take a look at the history of Lokpal and Lokayukta below. The
complete knowledge of the history of the Act will assist the aspirants in
tracing the origin and its surge in other countries.

 Sweden established the Institution of ombudsman in 1809.

 As an institution, the ombudsman developed even more significantly
following the second world war.
 Resulting to which after a few decades New Zealand and Norway
also implemented ombudsman system in 1962 and this concept
prove to be extremely influential.
 To implement the concept of an ombudsman in the year 1966, the
country Guyana accounted to be the first country to do so.
 Subsequently, it was followed and implemented by India, Mauritius,
Malaysia, and Singapore as well.
 During the initial years of 1960s, Ashok Kumar Sen who was the Law
Minister at that time proposed the idea of a constitutional version in
the Parliament of India.
 The concept and words Lokpal and Lokayukta were coined by Dr. LM
Singhvi in India.
 As part of the first Administrative Reforms Commission
recommendation in 1966, there should be two authorities that ought
to be independent at the Central and state levels. One of which
would investigate the Complaints against the corruption cases of
government officials.
 During the dissolution of the Lok Sabha in 1968, the Lokpal bill
lapsed and since then it has fallen through many Lok Sabha
sessions.
 The bill was passed 8 times before 2011 but failed each time.
 Based on the findings of the commission to revisit the working of the
Indian constitution established by MN Venkatachaliah in 2002, it was
recommended that the Lokpal and Lokayukta be appointed and the
PM should remain outside the authority’s scope.
 Veerappa Mauli chaired the second Administrative Reforms
Commission that recommended the establishment of the Lokpal
office immediately.
 An examination of the Lokpal bill proposal was conducted by the
minister’s groups which was shared by Pranab Mukherjee in 2011.
 It was Anna Hazare’s India against corruption movement that further
advanced to the Lokpal and Lokayukta bill in 2013, sanctioned by
Lok Sabha and Rajya Sabha under the UPA government.
 The Lokpal and Lokayukta bill received their assent from
the President of India on 1st January 2014 and later came into
action on 16th January 2014.

Composition of Lokpal And Lokayukta

The Lokpal panel is mandatory to have a chairperson and a total of 8
members according to the act out of those, 4 should be the judicial
members. There are certain provisions and eligibility criteria for the Lokpal
and Lokayukta selection committee, walk through the illustrated points to
gain complete knowledge.

Eligibility Criteria for Lokpal Members

The chairperson of Lok Pal should have served as chief justice of India or a
judge of the Supreme Court or any distinguished personality having the
knowledge and expertise in the field of anti-corruption policy Vigilance
Public Administration and Law and Management.

 The Lokpal judicial member should have served as a judge for the
supreme court or the chief justice of the High Court.
 Other Lokpal members can be any eminent personality with
experience of 25 years of knowledge in public administration
Vigilance and anti-corruption policy.
 Half of the membership of Lokpal must contain scheduled
castes, scheduled tribes, and OBC along with minority classes and
women.

Selection Committee

All the members of Lokpal are appointed by a selection committee that is

composed of the Prime Minister, the Speaker of Lok Sabha, the leader of
the opposition in Lok Sabha, and the CJI.

Eligibility Criteria for Lokayukta

The chief minister of the state selects the Lokayukta after taking a meeting
with the chief justice of the High Court, the Speaker of the legislative
assembly, and the chairman of the Legislative Council.

Salient Features of Lokpal and Lokayukta Act 2013

Lokpal at the Central level and Lokayukta at the state level are intended to
be set up under the legislation to provide the Nation with an anti-corruption
road map at both levels. Following are the salient features of the Lokpal
and Lokayukta Act 2013.

 Members of parliament and officers of the central government of

groups A, B, C, and D are subject to Lokpal jurisdiction.
 Lokpal comprises a chairperson and up to 8 members out of which
50% shall be judicial.
 A Lokpal will consist of approximately 50% members from SC, ST,
OBC minorities, and the women’s community.
 The chairperson and members of Lokpal are selected by a selection
committee composed of the Prime Minister speaker of Lok Sabha
leader of the opposition CJI and the President.
 To assist the selection committee in selecting the candidates, a
search committee is formed where the members of the search
committee shall also represent SC, ST, OBC, minorities, and women.
  With subject matter exclusions and specific procedures for handling
complaints against him or her, the Prime Minister has been brought
under the administration of Lokpal.

Powers and Functions of Lokpal

The Lokpal and Lokayukta are associated with numerous responsibilities
such as mitigating corruption and maladministration and uprooting them
from government organizations. The complete details of the powers and
functions of the Lokpal have been highlighted here.

 Public servants of all the categories including the Government

employees of all the levels including groups A, B, and C will be under
the jurisdiction of Lokpal.
 On referral by the Lokpal, any investigative agency including
the Central Bureau of Investigation can be controlled and directed
by it.
 The appointment of the CBI director is recommended by a high-
powered committee that will be led by the Prime Minister.
 In the case of a preliminary inquiry, it may last for 3 months and can
be extended by 3 months.
 6 months are allowed for investigation and these can be extended by
6 months.
 There is a change in the maximum punishment for corruption under
the Prevention of corruption act which is increased from 7 to 10
years.
 The institutions that are partially or completely funded by the
government come under the jurisdiction of Lokpal however the
Institutions which are added by the government are kept out of it.
 All the organizations receiving grants from foreign sources under the
foreign contribution Regulation Act with the access of rupees 10
lahks per year come under the jurisdiction of Lokpal.

Drawbacks of Lokpal and Lokayukta

In the fight against corruption in the Indian Administrative structure, the
Lokpal has attempted to make a positive change but still, there are
loopholes and inconsistencies that ought to be addressed.

 There has been no appointment of a Lokpal since the Lokpal and

Lokayukta Act 2013 was passed by Parliament which demonstrates
the dearth of political commitment.
 In addition to appointing members belonging to political parties, the
Lokpal committee itself is subject to political influence.
  As a Lokpal appointment is not based on any criteria for deciding
who is an eminent jurist or a person of integrity therefore it can be
utilized in a methodical way.
 Lokpal is not a constitutional body, hence, there is no provision to
appeal in the Lokpal.

Lokpal and Lokayukta Act Summary

The Lokpal and Lokayukta Act 2013 is also referred to as the Lokpal Act. It
was introduced as an act dedicated to anti-corruption activities. It deals with
cases related to corruption in central & state government organizations. It
is also referred to as the Ombudsman Authority.

Maharashtra has the credit of becoming the 1st state to make use of the
Lokpal and Lokayukta Act 2013. The bill was first introduced in Lok Sabha
in 2011 and was finally passed in 2013. The Act actually was effective from
16th January 2014.

Lokpal and Lokayukta Act UPSC

Lokpal and Lokayukta Act topic is an important one from the Indian Polity
Syllabus of the UPSC exam. This topic becomes highly important due to its
existence and limitations and therefore the chances of questions being
asked about this topic are higher.

Lokpal and Lokayukta Act PDF

IAS Exam aspirants can download the syllabus for Prelims Exams and the
Indian Polity Notes for the exam. Also, you can get the previous year
question papers and NCERT Books for IAS preparations.

Questions on Lokpal And Lokayukta Act

The aspirants must prepare well and bring forth a methodical strategy for
attempting the exam and practicing the pertinent questions. The questions
on Lokpal and Lokayukta Act 2013 asked in the previous years have been
laid herein. By practicing these questions the aspirants will be able to get
the complete ideation of the pattern and the types of questions asked in the
exam.

Question: The Appointment of Lokayukta at the state level was first

recommended by? [A] Rajasthan State Administrative Reforms
Committee, [B] Administrative Reforms Commission of India (1966-70), [C]
Second Administrative Reforms Commission, [D] Santhanam Committee
Answer – (Option B) Administrative Reforms Commission of India (1966-
70)

The sample question on the Lokpal and Lokayukta Act have been curated
by the experts keeping in consideration the previous year’s questions and
the pattern of questions asked from this topic. The aspirants can practice
more for this topic by solving the questions and tracking their level of
preparation and understanding of the fundamentals.

Sample Question: Consider the following statements and choose the

correct options: [1] A two-tier administrative system with a Lokpal at the
center and Lokayukta at the state level was recommended by the
Administrative Reforms Commission that was set up in 1966.
[2] Administrative Reforms Commission was established in 1966 under the
leadership of PD Deshmukh

Which of the option/s given below is/are right? [A] 1 only, [B] 2 only,
[C] Both are correct, [D] None of the above

Answer: A (1 only) A two-tier administrative system with a Lokpal at the

center and Lokayukta at the state level was recommended by the
Administrative Reforms Commission that was set up in 1966.