Q: Describe the powers of Lok Adalat under section 22 of legal services authority act, 1987 ?

Ans: Powers of the Lok Adalat or Permanent Lok Adalat : Section 22(1) of legal services authority act, 1987 makes provisions in relation to the powers of the Lok Adalat or Permanent Lok Adalat Lok , shall for the purposes of holding any determination under this act have the same powers as are vested in a civil court under the code  of civil Procedure, 1908 while trying a suit in respcct of the following matters, namely: a) summoning and enforcing the attendance of any witness and examining him on oath,: (b) the discovery and production of any document; (c) the reception of evidence on affidavits; (d) the requisioning of any public record or document or copy of such record or document from any court or office; and (e) such other matters as may be prescribed.

According to Section 22(2) of legal services authority act, 1987, without prejudice to the generality of the powers mentioned above every Lok Adalat or Permanent Lok Adalat shall have the requisite powers to specify its own procedure for the determination of any Permanent Lok Adalat dispute coming before it.

According to section 22(3) of legal services authority act, 1987, all proceedings before the Lok Adalat or Permanent Lok Adalat shall be deemed to be judicial proceedings within the meaning of Sections 193(punishment for false evidence), 219(Public Servant in judicial proceeding corruptly making report, etc contrary to law) and 228(intentional insult or interruption to public servant sitting in Judicial proceeding ) of the Indian Penal Code and every Lok Adalat or Permanent Lok Adalat shall be deemed to be a civil court for the purpose of Section 195( Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence) and Chapter XXVI of the Code of Criminal Procedure, 1973.

Arbitration Tribunal : 

Composition of an Arbitration Tribunal

Chapter III of the Arbitration and Conciliation Act, 1996 (herein referred to as the ‘Act’) lays down the provisions for the Composition of an Arbitral Tribunal. Also, Rule 22 of the Rules of Arbitration laid down by the Indian Council of Arbitration states that when an application for arbitration procedure is received, the Council takes necessary steps for the constitution of an arbitral tribunal to adjudicate the disputes or differences between parties. Several provisions concerning the composition of an arbitral tribunal are as follows:

Number of arbitrators in an Arbitration Tribunal

Section 10 of the Act mentions the number of arbitrators that shall be a part of the arbitral tribunal. According to clause (1) of the Section, the parties to the dispute are free to mutually decide the number of arbitrators that shall constitute the arbitral tribunal to adjudicate the dispute. It is, however, necessary that the number of arbitrators appointed shall be an odd number and not an even one ensure that there are no ties. Furthermore, Section 10 also states that if the parties to the dispute are unable to decide the number of arbitrators, in that case, only one arbitrator shall be appointed.

Rule 22 of the Rules of Arbitration provides that if the value of the claim made under arbitration is One Crore or less, a single arbitrator can resolve the dispute if the parties agree to it. In cases where the claim to the dispute exceeds one Crore, the arbitral tribunal shall be composed of three arbitrators with the agreement of the parties.

In Narayan Prasad Lohia vs, Nikunj Kumar Lohia, the Supreme Court observed that if two arbitrators are appointed for an Arbitral Tribunal instead of three, and they give an award through common opinion, there will be no frustration of proceedings.

If an arbitrator is terminated from his mandate, another arbitrator may be appointed as a substitute by following the appointment procedure. In such a case, the arbitral hearings can be repeated at the discretion of the arbitral tribunal. The provisions related to the substitution of an arbitrator are mentioned under Section 15 of the Arbitration and Conciliation Act, 1996.

Not only the appointment of the arbitrator can be challenged but also his mandate can be terminated under Section 14 and 15 of the Act in the following cases:


If the arbitrator is unable to carry out his functions in an effective manner or there is an undue delay in the performance of his duties.


If the arbitrator himself withdraws from his office or the parties agree to his termination.


Rule 27 of the Rules of Arbitration also states that an arbitrator can be terminated from his mandate on account of his resignation or death, if he is negligent in performing his duties or fails to act in an expeditious manner, and does not declare the arbitral award within a prescribed time.

The arbitral tribunal has the power to determine its jurisdiction under Section 16 of the Arbitration and Conciliation Act, 1996. By Section 16, the arbitral tribunal has the power to determine whether it has jurisdiction to decide the dispute.



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