Supreme Court asks NALSA to examine plea seeking better remuneration for permanent Lok Adalat members

The Supreme Court on Thursday asked the National Legal Services Authority (NALSA) to examine a plea seeking better remuneration for permanent Lok Adalat members in view of their increased workload and expanded jurisdiction.

A Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana heard the matter today, when the Court expressed that there were practical difficulties in issuing judicial directions on such issues.

CJI Kant pointed to restrictions governing the use of funds allocated to Legal Services Authorities. He explained that State governments also provide funds subject to restrictions on their utilisation, and therefore the Supreme Court could not simply direct an increase in payments.

“We cannot simply direct payments without considering these restrictions. It would be better to approach the respective High Courts, which can examine the issue based on the grants received from the States,” suggested CJI Kant.

Representing the petitioners, Senior Advocate Karuna Nundy, however, pointed out that the issue had already been taken up earlier before the Punjab and Haryana High Court and the Delhi High Court.

She submitted that the High Courts simply referred the matter back to the respective State Legal Services Authorities.

"The authorities subsequently came back with slightly enhanced amounts. There was also consultation with the Chief Justice in a different capacity. That is the second barrier. The High Court will not independently consider the issue," she added.

She highlighted that permanent Lok Adalat members currently receive approximately ₹2,500 per sitting. She pointed out that these bodies had earlier primarily dealt with disputes concerning public utility services. However, they now also handle matters relating to banking and NBFCs, housing and education, she said.

Their pecuniary jurisdiction has increased as well to ₹1 crore, compared to ₹50 lakh for District Consumer Forums, she added.

“Last year, they disposed of cases worth ₹660 crore," she pointed out.

She proceeded to urge the top court to intervene and pass directions to raise the remuneration of permenant Lok Adalat members.

"When the Chief Justice of the High Court has already been consulted, only this Court can examine the matter,” submitted Nundy.

CJI Kant, however, maintained that this was not an issue in which the Supreme Court could readily intervene.

“Even if I want to accept your submission, I cannot issue such a direction because it involves changes in the allocation of funds. That is a major challenge. Sometimes there are surplus funds under one head and insufficient funds under another. These are challenges that have to be resolved on the administrative side,” said CJI Kant .

The Court ultimately directed that the petition be treated as a common representation on behalf of the petitioners and other similarly placed members.

It directed that a copy of the petition be sent to the Member Secretary of the National Legal Services Authority (NALSA), who would place it before the NALSA Governing Council.

The plea was filed by 14 Lok Adalat members who contended that Rule 3 of the Permanent Lok Adalat (Other Terms and  Conditions of Appointment of Chairman and Other Persons) Rules, 2003 was discriminatory, in so far as different salary structures were prescribed for the Chairman and other members of such bodies. 

The plea called for directions to revise the present ₹2,500 per-sitting remuneration model for members of permanent Lok Adalats. 

Among other prayers, the plea sought directions for the implementation of a structured, reasonable and dignified pay scale for the Permanent Lok  Adalat members, preferably on a monthly basis, which would ensure parity with the Chairman of Permanent Lok Adalats/other judicial fora.

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