The Rajasthan High Court has strongly criticized the State Government’s response regarding the non-functioning of 16 permanent Lok Adalats across various districts. In a suo-motu case heard on May 15, 2025, a division bench comprising Justice Shree Chandrashekhar and Justice Sandeep Shah expressed its displeasure over the affidavit submitted by the State and directed the Principal Secretary of the Law and Legal Affairs Department to appear personally before the court on the next date of hearing, scheduled for May 22.
"An affidavit has been filed in compliance of the direction issued by this Court on 13th May 2025 but it is highly unsatisfactory," the bench noted.
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The court had earlier taken suo-motu cognizance based on a media report from Dainik Bhaskar, which revealed that 16 permanent Lok Adalats had become non-functional following a government decision dated April 9, 2025. According to the report, around 972 cases were pending in Jodhpur alone, and across the state, the number could reach as high as 10,000.
During the hearing, senior advocate Manish Sisodia, acting as amicus curiae, called the affidavit “cryptic” and pointed out that it lacked any explanation or a copy of the crucial April 9 order.
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"Not only is the affidavit quite cryptic, but it also lacks any reference to the government’s April 9 order, and a copy of that order was not even produced in court," emphasized the amicus curiae.
The Rajasthan State Legal Services Authority submitted a bundle of communications which included two orders dated April 9 and a communication from November 19, 2024. That document proposed extending the tenure of 21 members of the Permanent Lok Adalats in 17 districts and referred to Rule 4(2) of the 2016 Amendment Rules.
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The court noted that Rule 4(2) of the Permanent Lok Adalat (Other Terms and Conditions of Appointment of Chairman and Other Persons) Amendment Rules, 2016 clearly states:
"The Chairman and other Members of the Permanent Lok Adalats shall hold office for a term of 5 years or till the age of 65 years, whichever is earlier."
The amicus curiae further clarified that the use of the word "shall" in Rule 4(2) signifies a clear legislative intent—meaning that appointments, whether for one or two years initially, must continue for five years or until age 65, assuming satisfactory performance and absence of disqualification.
Due to the insufficient explanation from the State, the Additional Advocate General appearing for the Principal Secretary requested additional time to submit a comprehensive affidavit.
“The respondent no. 4 shall file his own personal affidavit giving all necessary details and specifically indicating why tenure of the Chairman and the Members of the Lok Adalats cannot be extended as per Rule 4(2),” the bench ordered.
The court concluded by instructing the Principal Secretary to appear in person on May 22, 2025, with all relevant records related to the appointments and extensions of Lok Adalat members.
Case Title: Suo Moto v the State of Rajasthan & Ors.
