BAR COUNCIL OF INDIA versus UNION OF INDIA

BAR COUNCIL OF INDIA versus UNION OF INDIA

Chapter VI-A of the Legal Services Authorities Act, 1987 is constitutionally valid; its mechanisms provide fair, speedy, and equitable dispute resolution for public utility services, do not violate Articles 14 or 21, nor the rule of law, and do not derogate the jurisdiction of courts or statutory forums. Non-application of CPC and Evidence Act, absence of appeal, and composition of Permanent Lok Adalats are not unconstitutional.

Parties
Petitioner: Bar Council of India; Respondent: Union of India
Jurisdiction
India
Judgment Date
03 August 2012
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
petition dismissed
Legal Topics
Constitutional Validity, Pre Litigation Conciliation, Permanent Lok Adalat, Right to Appeal

Case Brief

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Parties

Bar Council of India

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment

  1. 1 Whether Chapter VI-A (Sections 22-A to 22-E) of the Legal Services Authorities Act, 1987, as inserted by the Legal Services Authorities (Amendment) Act, 2002, violates Articles 14 and 21 of the Constitution and the rule of law.
  2. 2 Whether absence of right to appeal, non-application of the CPC and Evidence Act, or composition of Permanent Lok Adalats compromises fairness or justice delivery.

Ratio Decidendi

Chapter VI-A of the Legal Services Authorities Act, 1987 is constitutionally valid; its mechanisms provide fair, speedy, and equitable dispute resolution for public utility services, do not violate Articles 14 or 21, nor the rule of law, and do not derogate the jurisdiction of courts or statutory forums. Non-application of CPC and Evidence Act, absence of appeal, and composition of Permanent Lok Adalats are not unconstitutional.

Court Disposition

petition dismissed

Orders

  • Writ Petition dismissed with no order as to costs.