UPSC Mains 2024 GS2 Q2: model answer
Explain and distinguish between Lok Adalats and Arbitration Tribunals. Whether they entertain civil as well as criminal cases?
What the question wants
Define both, differences, and the civil/criminal question.
How to structure it
Intro: Both are forms of alternative dispute resolution. Body: (1) Lok Adalats; (2) Arbitration tribunals; (3) Differences; (4) Criminal cases. Conclusion: Neither replaces regular courts for serious crimes.
- 1(1) Lok Adalats
- 2(2) Arbitration tribunals
- 3(3) Differences
- 4(4) Criminal cases
Model answer
Both are forms of alternative dispute resolution.
Lok Adalats are statutory under the Legal Services Authorities Act, 1987. They settle disputes by compromise, free of cost; the award is a deemed civil decree.
Arbitration tribunals are formed under the Arbitration and Conciliation Act, 1996, usually by agreement of the parties. An arbitrator decides the dispute like a private judge; the award can be challenged in court on limited grounds (s.34).
Differences
- Basis: compromise vs adjudication.
- Consent: both parties must agree to the settlement in Lok Adalat; in arbitration the award binds even the losing party.
- Cost: Lok Adalat is free; arbitration can be expensive.
- Appeal: none in Lok Adalat; limited challenge in arbitration.
- Subject: Lok Adalats take bank recovery, motor accident and family cases; arbitration takes commercial disputes.
Criminal cases: Lok Adalats can settle compoundable criminal offences, not non-compoundable ones. Arbitration covers only civil and commercial matters; criminal offences are not arbitrable.
Neither replaces regular courts for serious crimes.
Keywords, cases and data to drop in
Legal Services Authorities Act 1987 deemed decree Arbitration Act 1996 compoundable offences s.34 challenge
Where most answers lose marks
- Saying arbitration can handle criminal matters.
Same theme in Prelims
A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :
Answer (c) & explanation
Prohibition stops a lower court from continuing a case (c). A writ of Prohibition is issued by a higher court to a lower court or tribunal, telling it to stop a case it has no jurisdiction to hear. It is issued only to judicial and quasi-judicial bodies. Option (a) is wrong: it is never issued to a government officer. Options (b) and (d) are wrong: courts cannot use it against Parliament, a legislature or the government's policy.
Notice the five writs under Articles 32 and 226: Habeas Corpus (produce the person), Mandamus ("we command", to perform a duty), Prohibition, Certiorari and Quo Warranto (by what authority). Think of Prohibition as "stop before you decide", and Certiorari as "your decision is quashed".
option (a) describes mandamus in reverse. Prohibition is aimed at courts, not officers.
Answer as per the official UPSC answer key.
With reference to the writs issued by the Courts in India, consider the following statements :
- 1. Mandamus will not lie against a private organisation unless it is entrusted with a public duty.
- 2. Mandamus will not lie against a Company even though it may be a Government Company.
- 3. Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.
Which of the statements given above are correct?
Answer (d) & explanation
All three statements are correct (d). Statement 1 is right: mandamus commands a body to perform a public duty, so it does not lie against a private organisation unless that body has been given a public duty. Statement 2 is right per the key: in Praga Tools (1966), the Supreme Court held that mandamus does not lie against a company, even a government company, unless a public duty is involved. Statement 3 is right: for quo warranto, which asks "by what authority" someone holds a public office, the petitioner need not be personally affected; any member of the public can apply.
Notice the five writs: habeas corpus, mandamus, prohibition, certiorari and quo warranto, under Articles 32 and 226. High Courts can issue writs for any legal right.
statement 2 sounds wrong because a government company feels "public". UPSC followed the line in Praga Tools.
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Answer as per the official UPSC answer key.
Consider the following statements :
- 1. Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed.
- 2. The Constitution of India empowers the Supreme Court and the High Courts to punish for contempt of themselves.
- 3. The Constitution of India defines Civil Contempt and Criminal Contempt.
- 4. In India, the Parliament is vested with the powers to make laws on Contempt of Court.
Which of the statements given above is/are correct?
Answer (b) & explanation
Statements 1, 2 and 4 are correct (b). Statement 1 is right: the H.N. Sanyal Committee (1963) led to the Contempt of Courts Act, 1971. Statement 2 is right: Article 129 and Article 215 make the Supreme Court and the High Courts courts of record, with power to punish contempt of themselves. Statement 4 is right: Parliament can make laws on contempt, under Entry 77 of the Union List and Entry 14 of the Concurrent List. Statement 3 is wrong: civil and criminal contempt are defined in the 1971 Act, not in the Constitution.
Notice the 2006 amendment, which made truth a defence if in the public interest. Contempt of court is also a ground for restricting free speech under Article 19(2).
statement 3. The Constitution gives the power; the Act gives the definitions.
Answer as per the official UPSC answer key.
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Question text as printed in the official UPSC question paper: https://www.upsc.gov.in/sites/default/files/QP_CSM_2024_GenStud_II_03102024.pdf The model answer is original Battle IAS work; use it to learn structure, not to memorise.