List of Current Affairs

Source: NALSA

Why in News?

• Recently, the National Legal Services Authority (NALSA) released its schedule for 2024.

What was the Background of the News?

• NALSA organizes the National Lok Adalats every year across the country under the provisions of Legal Services Authority Act, 1987 read with National Legal Services Authority Regulations, 2009.
• NALSA conducts 4 Lok Adalats per year.
• Data of 2021, 2022 and 2023 is as follows:

What is the Scheduled for 2024?

What is National Lok Adalat?

• About:
  • National Lok Adalat is a significant initiative in India's legal system aimed at providing speedy and cost-effective resolution of disputes through alternative means.
  • The concept of Lok Adalats, meaning "people's court," was introduced as a part of the Legal Services Authorities Act, 1987, to promote justice at the grassroots level.
• Objectives and Functioning:
  • The primary objective of National Lok Adalat is to encourage the amicable settlement of disputes, thus reducing the burden on conventional courts and promoting access to justice for all sections of society.
  • These adalats operate based on principles of conciliation, mediation, and compromise, where parties voluntarily participate in the resolution process.
• Scope and Jurisdiction
  • National Lok Adalats address a wide range of disputes.
  • They have the authority to settle pending cases as well as those at the pre-litigation stage.
  • The jurisdiction extends to compoundable crimes.
• No Jurisdiction:
  • Lok Adalat has no jurisdiction in respect of matters relating to divorce or matters relating to an offence not compoundable under any law.
• Features and Benefits
  • One of the distinctive features of National Lok Adalats is their emphasis on resolving disputes swiftly and inexpensively.
  • They offer a platform for disputing parties to negotiate and arrive at mutually acceptable solutions, thus fostering community harmony and reducing the backlog of cases in traditional courts.
• Civil Court:
  • Under the said Act, the award (decision) made by the Lok Adalats is deemed to be a decree of a civil court and is final and binding on all parties and no appeal against such an award lies before any court of law.
  • If the parties are not satisfied with the award of the Lok Adalat though there is no provision for an appeal against such an award, but they are free to initiate litigation by approaching the court of appropriate jurisdiction by filing a case by following the required procedure, in exercise of their right to litigate.

Source: Karnataka High Court

Why in News?

Recently, the bench of Justice Krishna S Dixit and Justice G Basavaraj was hearing a case against the order of State Administrative Tribunal.

• The Karnataka High Court was hearing this issue in the case of P V Rudrappa v. State of Karnataka.

What was the Background of P V Rudrappa v. State of Karnataka Case?

• The petitioner, an employee terminated for bribery, sought redressal from HC against the Karnataka State Administrative Tribunal's decision of 10th February 2020, dismissing his application.
• Initially challenging the dismissal order dated 14^th May 2019 in Application of 2017, the petitioner's counsel argued that the petitioner's acquittal in a criminal trial was not considered, a critical error warranting the Court's intervention.
• The State argued against the petition, asserting the distinction between criminal trials and disciplinary proceedings, emphasizing the validity of the disciplinary action taken.
  • They contended that the Court's review is limited, and the petition should be dismissed accordingly.

What was the Court’s Observation?

• The HC held that “In a way, this can be likened to doctrine of double jeopardy, constitutionally enacted in Article 20(2) under Constitution of India.”
  • The court said this because when the accused was already acquitted, he was terminated from services afterwards.

What is Double Jeopardy?

• About:
  • Double jeopardy is a legal principle that prevents an individual from being tried or punished twice for the same offence.
  • In both the Constitution of India and the Code of Criminal Procedure, 1973 (CrPC), the concept of double jeopardy is recognized and protected.
• Constitution of India:
  • Article 20(2) of the Indian Constitution states: "No person shall be prosecuted and punished for the same offence more than once”.
  • This provision ensures that an individual cannot be tried or punished twice for the same offence, safeguarding against arbitrary and excessive punishment.
• Criminal Procedure Code (CrPC):
  • The CrPC, which governs criminal proceedings in India, also incorporates the principle of double jeopardy.
  • Section 300 of the CrPC states that a person who has been tried and convicted or acquitted of an offense cannot be tried again for the same offence.