BAR COUNCIL OF INDIA Vs. UNION OF INDIA

JUDGEMENT

(1.) Bar Council of India by means of this writ petition under Article 32 of the Constitution of India has raised challenge to the vires of Sections 22-A, 22-B, 22-C, 22-D and 22-E of the Legal Services Authorities Act, 1987 (for short, '1987 Act') as inserted by the Legal Services Authorities (Amendment) Act, 2002 (for short, '2002 Amendment Act').

(2.) By 2002 Amendment Act, in Section 22 of the 1987 Act, the words "Lok Adalat" were substituted by "Lok Adalat or Permanent Lok Adalat" and a new Chapter VI-A entitled "Pre-litigation Conciliation and Settlement" comprising of Sections 22-A to 22-E came to be inserted. In Section 23 of the 1987 Act, the words "members of the Lok Adalats" were substituted by the words "members of the Lok Adalats or the persons constituting Permanent Lok Adalats".

(3.) The challenge is principally on the ground that Sections 22-A, 22-B, 22-C, 22-D and 22-E are arbitrary per se; violative of Article 14 of the Constitution of India and are contrary to the rule of law as they deny fair, unbiased and even-handed justice to all.