On May 15, 2025, the Rajasthan High Court, comprising Justices Shree Chandrashekhar and Sandeep Shah, expressed strong dissatisfaction with the State Government's handling of 16 non-functioning Permanent Lok Adalats (PLAs). The court had taken suo motu cognizance of a news report highlighting that an order dated April 9, 2025, led to the cessation of operations in these PLAs. This development resulted in approximately 972 pending cases in Jodhpur alone, with an estimated 10,000 cases statewide awaiting resolution.
The State's affidavit, submitted in compliance with the court's earlier directive, was deemed "highly unsatisfactory." Senior Advocate Manish Sisodia, appointed as amicus curiae, criticized the affidavit for its cryptic nature and lack of clarity regarding the April 9 order. He pointed out that the affidavit failed to include the order itself, raising concerns about transparency.
During the proceedings, the Member Secretary of the Rajasthan State Legal Services Authority presented communications, including two orders dated April 9. One of these communications referenced Rule 4(2) of the Permanent Lok Adalat (Other Terms and Conditions of Appointment of Chairman and Other Persons) Amendment Rules, 2016. This rule stipulates that the Chairman and other Members of the PLAs shall hold office for a term of five years or until the age of 65, whichever is earlier. The amicus curiae emphasized that the use of the term "shall" indicates a mandatory provision, suggesting that appointments should not be arbitrarily terminated before the completion of the stipulated term.
The court noted that a communication dated November 19, 2024, from the Rajasthan State Legal Services Authority had proposed the extension of tenure for 21 members of PLAs across 17 districts. This proposal was forwarded to the Principal Secretary of the Law and Legal Affairs Department, but the State's response to this proposal remained unclear.
In light of these developments, the Rajasthan High Court directed the Principal Secretary of the Law and Legal Affairs Department to appear in person before the court on the next hearing date, May 22, 2025. The court's directive underscores the seriousness of the issue and the need for accountability in ensuring the continuous functioning of PLAs, which play a crucial role in providing accessible and speedy justice.
This case highlights the importance of adhering to statutory provisions governing the tenure of PLA members and the necessity for the State to act transparently and responsibly in matters affecting the justice delivery system. The High Court's proactive approach serves as a reminder of the judiciary's role in upholding the rule of law and ensuring that administrative actions align with legal mandates.
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