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PREFACE
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314K Legal Aid, Para-Legal Services & Clinical Training
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CONTENTS
314K Legal Aid, Para-Legal Services & Clinical Training
TOPIC Page
Module-1 Provisions under the Constitutional and Procedural Laws to 3

provide Legal Aid
Module-2 Legal Services Authorities Act, 1987 20
Module-3 Para-legal Services and Clinical Training 57

Module-1 :
1) Provisions under the Constitutional and Procedural Laws to provide Legal Aid :
1.1) Free Legal Aid: Need, concept and scope - for providing social Security
and equal justice to all
1.2) Constitutional Provisions ensuring Legal Aid :
1.2.1) Preamble of the Constitution
1.2.2) Article 14: Equality before Law and Equal Protection of Law
1.2.3) Article 39-A: Equal Justice and Free Legal Aid
1.3) Provisions under the Code of Criminal Procedure to provide Legal Aid
1.3.1) Section 304: Legal Aid to the accused at the expense of the State
1.4) Provisions under the Code of Civil Procedure to provide Legal Aid:
1.4.1) Suit by indignant person (O. 33)
This is Module-1. Menu ---> CONTENTS | Module-1 | Module-2 | Module-3 |
MODULE-1 QUESTIONS :
➔ What is “Free Legal Aid”?

✔ Discuss : Evolution of free legal aid in India.
✔ Discuss : Constitutional mandate for legal aid including Preamble and Articles
14, 39A.
 “Free Legal Aid to poor and needy persons is in tune with the constitution
mandate of equality before law and equal protection of law.” Discuss. (Apr-2014)
 Explain in detail the provisions of the Constitution of India for free legal aid to poor
and needy persons with case laws. (Apr-2016)
 Explain in detail the provisions of the Indian Constitution for free legal aid to the
accused person with case laws. (Apr-2017)
 Explain : Right to Free Legal Aid under the Constitution of India. (Apr-2014)
 “Free legal aid to poor and needy persons is their constitutional right” Explain the
statement with case laws. (Mar-2015)
✔ Distinguish legal aid in civil and criminal proceedings.
➔ Explain in detail the provisions under the Code of Criminal Procedure 1973 to
provide free legal aid to the accused persons with case laws. (Mar-2015, Apr-2016,
Apr-2017)
✔ Explain : Free Legal Aid to the accused under the criminal procedure code. (Apr-2014)

➔ Explain in detail the provisions under the Code of Civil Procedure 1908 to provide
free legal aid to the indigent persons with case laws. (Mar-2015, Apr-2016, Apr-
2017)
✔ Explain : Provisions under the code of Civil Procedure 1908 to provide free legal aid to
the indigent person. (Apr-2014)
MODULE-1 ANSWERS :
➔ What is “Free Legal Aid”?

✔ Discuss : Evolution of free legal aid in India.
✔ Discuss : Constitutional mandate for legal aid including Preamble and Articles
14, 39A.
 “Free Legal Aid to poor and needy persons is in tune with the constitution
mandate of equality before law and equal protection of law.” Discuss. (Apr-2014)
 Explain in detail the provisions of the Constitution of India for free legal aid to poor
and needy persons with case laws. (Apr-2016)
 Explain in detail the provisions of the Indian Constitution for free legal aid to the
accused person with case laws. (Apr-2017)
 Explain : Right to Free Legal Aid under the Constitution of India. (Apr-2014)
 “Free legal aid to poor and needy persons is their constitutional right” Explain the
statement with case laws. (Mar-2015)
✔ Distinguish legal aid in civil and criminal proceedings.
ANSWER :
✔ Refer :
 http://pib.nic.in/newsite/mbErel.aspx?relid=118011
 http://shodhganga.inflibnet.ac.in/bitstream/10603/12650/10/10_chapter%206.pdf
 http://www.legalserviceindia.com/articles/legaut.htm
 http://www.legalserviceindia.com/article/l206-Legal-Aid.html
 http://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/law/05._criminal_justic
e_administration/11._access_to_criminal_justice/et/8178_et_et.pdf
 https://www.slideshare.net/tdoodle9/constitutional-provisions-of-legal-aid-by-
tanya-singh-4th-year-ballb2015

✔ Outline :
 Meaning of legal aid :
 Evolution of free legal aid in India :
● Need for free legal aid :
● 1. Constitutional Mandate
● 2. Law Commission Reports
● 3. Government Initiatives
● 4. Judicial Activism
● Result : Legal Services Authorities Act, 1987
 Distinction between legal aid in civil and criminal proceedings :
✔ Meaning of legal aid :
 Political philosopher Charles de Montesquieu said,
● In the state of nature...all men are born equal, but they cannot continue in this
equality.
● Society makes them lose equality, and they recover it only by the protection of
the law.
 To have “equal right to approach the court” is rendered useless if the right can't be
exercised. It is then, nothing more than a paper promise.
 The protection of law to poor, illiterate and weak is important to ensure equal
justice.
● Free Legal aid is one of the means to ensure that the opportunities for securing
justice are not denied to any person by reason of poverty, illiteracy, etc.
 Free Legal aid is free legal assistance to the poor and weaker sections of the
society,
● with the object to enable them to exercise the rights given to them by law .
 A just society is the one where justice prevails throughout alike. It is an obligation
of every democratic country that it must protect the rights of every individual.
 The poor and illiterate should be able to approach the courts and their ignorance
and poverty should not be an impediment in the way of their obtaining justice from
the courts.
 Representation by an advocate is very essential ingredient of any fair trial (civil/
criminal).
● Absence of an advocate vitiates the trial if the case of a party could not be
properly represented.
 Often, the rich and influential can approach the courts because they have means,

● but the poor have to face injustice simply because they have no money to hire a
lawyer.
● It is therefore in the interest of justice to establish a social order where the poor
not only have the right but also the means to seek justice.
● The idea of legal aid to the poor is, thus a step in this direction .
✔ Evolution of free legal aid in India :
 Need for free legal aid :
● Socio-economic realities
● Constitutional Commitment
● Lack of legal awareness
● Legal consultation is expensive
● Delay in disposal of cases
 1. Constitutional Mandate : Right to legal aid to poor and needy flows from Article-
14, Article-21, Art-22(1), Art-38(1), Art-39A, and Art-142(1) of the Constitution of
India.
● Preamble :
 Text of Preamble :
• WE, THE PEOPLE OF INDIA,
• having solemnly resolved to constitute India in to a sovereign socialist
secular democratic republic, and
• to secure to all its citizens :
• JUSTICE social, economic and political
• LIBERTY of thought, expression, belief, faith and worship,
• EQUALITY of status and of opportunity
• and to promote among them all,
• FRATERNITY, assuring the dignity of the individual and, the unity and
integrity of the nation;
• In our Constituent Assembly, this twenty-sixth day of November, 1949,
• DO hereby adopt, enact and give to ourselves this constitution.
 The preamble throws light on aims and objects of the constitution.
 The declared object of the constitution is to secure for all its citizens,
• Justice, Liberty, Equality and Fraternity,
• These are also popularly known as four pillars of preamble to the
constitution.

 Legal Aid to needy people has its strong foundations in following phrases of the
Preamble to the Constitution of India :
to secure to all its citizens :
JUSTICE social, economic and political
....
EQUALITY of status and of opportunity
 Social justice and equality are complimentary to each other.
• Social justice : Economic empowerment of the vulnerable segments of the
society is an important feature of Indian Constitution.
• Equality : The Constitution guarantees, all citizens, equality before law and
equal protection of law, as justiciable right.
• “Rule of law” is the patent instrument of social justice to bring about
equality.
● Art-14 : Part-III Fundamental Rights :
 The state shall not deny to any person equality before law or the equal
protection of the laws within the territory of India.
● Art-21 : Part-III Fundamental Rights :
 No person shall be deprived of his life or personal liberty except according to
procedure established by law.
● Art-22(1) : Part-III Fundamental Rights :
 No person who is arrested shall be detained in custody, without being
informed, as soon as may be, of the grounds for such arrest
 nor shall he be denied the right to consult, and to be defended by, a legal
practitioner of his choice.
● Art-38(1) : Part-IV Directive Principles of State Policy :
 The State shall strive to promote the welfare of the people by securing and
protecting as effectively as it may,
• a social order in which justice, social, economic and political, shall inform all
the institutions of the national life.
● Art-39A : Part-IV Directive Principles of State Policy :
 The State shall secure that the operation of the legal system promotes justice,
on a basis of equal opportunity,
 and shall, in particular, provide free legal aid, by suitable legislation or
schemes or in any other way,
 to ensure that opportunities for securing justice are not denied to any citizen
by reason of economic or other disabilities.

● Art-142(1) :
 The Supreme Court in the exercise of its jurisdiction may pass such decree or
make such order as is necessary
• for doing complete justice in any cause or matter pending before it,
 and any decree so passed or order so made shall be enforceable throughout
the territory of India
• in such manner as may be prescribed by or under any law made by
Parliament and,
• until provision in that behalf is so made, in such manner as the President
may by order prescribe.
 2. Law Commission Reports :
● 1958 : The right to assignment of counsel at Government expenses was
emphasized in the 14th Law Commission Report.
● 1969 : Thereafter, in 1969, the Law Commission again strongly recommended
that the right of the accused to representation at the cost of Government should
be placed on statutory footing in relation to trials for serious offences,
 and as a first step in this direction, the Commission proposed that such a right
should be available in all trials before the Court of Session
 3. Government Initiatives :
● 1970 : The State of Gujarat appointed a Committee to consider the question
of grant of legal aid to poor persons and the backward classes under the
chairmanship of Justice P. N. Bhagawati.
 The report of the Committee was submitted in the year 1971.
● 1972 : In order to act upon the recommendations of the said Committee, the
Government of Gujarat launched a Pilot Project, “Free Legal Aid and Advice” as
an experimental measure.
● 1980 : With the object of providing free legal aid, Government of India had,
by a resolution, dated 26th September, 1980, appointed the 'Committee for
Implementing Legal Aid Schemes' under the Chairmanship of Mr. Justice P.N.
Bhagwati to monitor, and implement legal aid programme on a uniform basis in
all the States and Union territories.
 It evolved a model scheme for legal aid programme applicable throughout the
country by which several legal aid and advice boards have been set up in the
States and Union territories.
 4. Judicial Activism : Between 1978 and 1986 SC Justice P N Bhagwati and SC
Justice V R Krishna Iyer gave landmark judgments inventing “Right to Free Legal
Aid” as a fundamental right.

● 1978 : In M.H. Hoskot v. State of Maharashtra, Supreme Court Justice Krishna

Iyer declared :
 If a prisoner sentenced to imprisonment is virtually unable to exercise his
constitutional and statutory right of appeal inclusive of special leave to appeal
(to the Supreme Court) for want of legal assistance,
 there is implicit in the Court, under Article 142 read with Articles 21 and 39-A
of the Constitution, power to assign counsel for such imprisoned individual ‘for
doing complete justice.
● 1979 : In State of Haryana v. Darshana Devi, the Supreme Court Justice V R
Krishnaiyer said that :
 "the poor shall not be priced out of the justice market by insistence on court-
fee and refusal to apply the exemptive provisions of Order XXXIII, CPC.
 The state of Haryana, mindless of the mandate of equal justice to the indigent
under the magna carta of republic, expressed in article 14 and stressed in
article 39A of the constitution,
• has sought leave to appeal against the order of the high court which has
rightly extended the 'pauper' provisions to auto-accident claims.
 Order XXXIII will apply to tribunals, which have the trappings of the civil court.
● 1979 : In Hussainara Khatoon v. State of Bihar, Justice P N Bhagwati
established linkage between Article 21 and the right to free legal aid.
 The the court was appalled at the plight of thousands of under-trials
languishing in the jails in Bihar for years on end without ever being
represented by a lawyer.
 The court declared that,
• there can be no doubt that speedy trial, and by speedy trial, we mean
reasonably expeditious trial, is an integral and essential part of the
fundamental right to life and liberty enshrined in Article 21.
• Article 39-A emphasised that,
• free legal service was an inalienable element of ‘reasonable, fair and just’
procedure,
• and that the right to free legal services was implicit in the guarantee of
Article 21.
• Legal aid is really nothing else but equal justice in action. Legal aid is in fact
the delivery system of social justice.
• It’s the constitutional right of every accused person who is unable to engage
a lawyer and secure legal services on account of reasons such as poverty,
indigence or incommunicado situation, to have free legal services provided

to him by the State, and

• the State is under a constitutional mandate to provide a free lawyer to
such accused person if the needs of justice so require.
• If free legal services are not provided to such an accused,
• the trial itself may run the risk of being vitiated as contravening Article 21
• and we have no doubt that every State Government would try to avoid
such a possible eventuality.
● 1980 : In Khatri & Anr vs State of Bihar 1981 SCC (1) 627, Supreme Court
Justice P N Bhagwati held that,
 access to a legal practitioner is implicit in Article 21, which gives fundamental
right to life and liberty.
 The state is under constitutional mandate to provide free legal aid to an
indigent accused person and this constitutional obligation arises
• not only when the trial is commenced
• but also when the person is first produced before a magistrate
• and also whenever he is remanded from time to time.
● 1986 : In Suk Das v. Union Territory of Arunachal Pradesh, Justice P N Bhagwati
reiterated his views as follows,
 It may therefore now be taken as settled law that,
• free legal assistance at State cost is a fundamental right of a person
accused,
• this fundamental right is implicit in the requirement of reasonable, fair and
just procedure prescribed by Article 21.
 Result : Legal Services Authorities Act, 1987 :
● THUS, it was under
• (i) constitutional mandate,
• (ii) recommendation in successive Law Commission Reports,
• (iii) government initiatives, and
• (iv) judicial activism, particularly under leadership of Justice V R Krishna
Iyer, and Justice P N Bhagwati,
 that Legal Services Authorities Act, 1987 was enacted to implement free legal
aid,
• with an object to establish a nationwide uniform network for providing free
and competent legal services to the weaker sections of the society on the
basis of equal opportunity.

● The Legal Services Authorities Act, 1987 received President’s assent on 11-Oct-
1987.
 It came into force on 9th November, 1995.
● Accordingly, For an eligible accused/ litigent, free legal aid at the State’s cost is
his fundamental right,
 and this right is implicit in the requirement of
• reasonable, fair and just procedure prescribed by Article 21.
● Moreover, this right cannot be denied to him on the ground that he failed to
apply for it.
✔ Distinction between legal aid in civil and criminal proceedings : Legal Aid to
poor & needy is essential irrespective of the type of case, whether it is criminal case
or civil case, because audi alterm partem is one of the principles of natural justice,
which cannot be departed from. However, following are some differences :
 a) A person is invariably defending himself against the state in criminal
proceedings,
● whereas in civil proceedings the person may very often be invoking the legal
process for relief against another person.
 b) Disputes arising in criminal jurisdiction are bound by rigid rules of procedure .
● The problems of the civil legal system have inspired innovative methods of
dealing with the problem of access to the system. It has inspired the growth of
altemative dispute resolution mechanism.
 c) In criminal cases, a skilled lawyer becomes a necessity for providing procedural
fairness. Much of a criminal trial is taken up with issues of procedure and proof
which are beyond the grasp and understanding of the accused.
● With regard to participation of lawyers in the system, civil legal aid lends itself to
co-option of paralegals that can be trained to provide help this area.
 d) Accessibility of lawyers : In criminal cases involving clients held in custody would
require lawyers to visit their clients to seek instructions. In practice, however, this
does not easily happen because visits by lawyers to jails are infrequent and still
made difficult by remote location of jails and/or the rules in prison manuals. Hence,
in criminal cases there is STRONG need for legal aid.
● In civil cases, litigants are free to choose and meet with their friends, relatives
and lawyers to seek guidance.
 e) In criminal proceedings, the Court is under obligation to provide all accused
with a competent lawyer. Criteria for legal aid are not hard and fast.
● While in civil proceedings, there are three criteria namely,
 the economic status (means) test,

 the prima facie test and

 the interests of justice test, to determine eligibility for legal aid.

GO TO MODULE-1 QUESTIONS.
GO TO CONTENTS.
➔ Explain in detail the provisions under the Code of Criminal Procedure 1973 to
provide free legal aid to the accused persons with case laws. (Mar-2015, Apr-2016,
Apr-2017)
✔ Explain : Free Legal Aid to the accused under the criminal procedure code. (Apr-2014)
ANSWER :
✔ Refer :
 http://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/law/05._criminal_justic
e_administration/11._access_to_criminal_justice/et/8178_et_et.pdf
✔ Outline :
 Intro :
 Legal Aid under CrPC :
● Entitlement to Free Legal Aid.
● Obligation to inform about right to legal aid.
● Implications for absence of legal representation.
● Scope of Legal Aid.
✔ Intro :
 <Read “What is “Free Legal Aid” elsewhere in this doc>
✔ Legal Aid under CrPC :
 A person who does not have the means to hire a legal practitioner is unable to
defend himself appropriately.
● This casts a cloud on the fairness of the trial.
 Sec-304 of CrPC :
● Where, in a trial before the Court of Session, the accused is not represented by a
pleader,
 and where it appears to the Court that the accused does not have sufficient

means to engage a pleader,

● the Court shall assign a pleader for his defense at the expense of the State.
 In Khatri (II) vs State of Bihar 1981 SCC, Supreme Court has held that
● access to a legal practitioner is implicit in Article 21, which gives fundamental
right to life and liberty.
● The state is under constitutional mandate to provide free legal aid to an indigent
accused person
● and this constitutional obligation arises not only when the trial is commenced
 but also when the person is first produced before a magistrate
 and also whenever he is remanded from time to time.
 In Suk Das vs Union Territory of Arunachal Pradesh 1986, SCC, SC has held that
● non-compliance of this requirement or failure to inform the accused of this right
would vitiate the trial entailing setting aside of the conviction and sentence.
● The right of an accused person to consult his lawyer
 begins from the moment of his arrest.
● The consultation with the lawyer may be within the presence of a police officer
but not within the police officer's hearing.
● SC also held that it is the duty of all courts and magistrates to inform
the indigent person about his right to get free legal aid.
 Entitlement to Free Legal Aid :
● <Search “nature and criteria for providing free legal aid” in this doc”>
 Obligation to inform about right to legal aid :
● For an eligible accused/ litigant, free legal aid at the State’s cost is his
fundamental right,
 and this right is implicit in the requirement of
• reasonable, fair and just procedure prescribed by Article 21 .
● This right cannot be denied to him on the ground that he failed to apply for it.
● Responsibilities of the Court :
 In the case of Mohd. Ajmal Amir Kasab v. State of Maharashtra AIR 2012 SC
3565, Supreme Court held that,
• The magistrate is under an obligation to inform the accused about this right
and to inquire about his wish of legal representation at the State's cost,
unless he refused to take advantage of it.
• It is the duty and obligation of the magistrate before whom a person
accused of committing a cognizable offence is first produced,

• to make him fully aware that it is his right to consult and be defended by
a legal practitioner
• and, in case he has no means to engage a lawyer of his choice, then one
would be provided to him from legal aid at the expense of the State.
• This right flows from Articles 21 and 22(1) of the Constitution and needs to
be strictly enforced.
• All the magistrates in the country are directed to faithfully discharge the
aforesaid duty and obligation.
• Any failure to fully discharge the duty would amount to dereliction in duty
and would make the concerned magistrate liable to departmental
proceedings.
● Responsibilities of judicial officers of the state :
 Every judicial officer of the State is under a legal obligation to see that this
benefit of free legal services is received by litigant who is entitled to such
benefit under Section 12 of the Act.
 If it is not taken this way, the very purpose and object of enacting this
benevolent provision shall be frustrated.
● Responsibilities of members of the Bar Council :
 The members of the Bar being the Officer of the Court are also equally
concerned to see that this legal right is being received by the litigants of the
categories as enumerated under Section 12 of the Act, 1987.
 It is the duty of the members of the Bar as well as the judicial officers to
effectively implement this Act and to provide the benefits of this Act in reality
 Implications for absence of legal representation :
● Representation by an advocate is very essential ingredient of fair trial.
● Absence of an advocate vitiates the criminal trial if the case of an accused could
not be properly represented.
● If the accused represents his case properly without the assistance of an
advocate then absence of advocate from trial does not vitiate the trial.
● In the case of Mohd. Hussain @ Julfiquar Ali Vs. State, the Supreme Court
ordered retrial,
 as an accused who was a Pakistani national accused of terrorist act was not
given effective right to legal representation.
 Scope of Legal Aid :
● The rights of arrested person
 to have someone informed about his arrest and

 to consult privately with his lawyer are inherent in Article 21 and 22.
● Thus the right to consult the lawyer means the right to consult him away from
the hearing of the police.
● The right to consult and be defended by a legal practitioner of his choice is
guaranteed with a view to enable the detenue to prepare for his defence.
● This right belongs to the arrested person not only at the pre-trial stage, but also
at the trial before a criminal court or before a special tribunal and whether the
arrest is made under the general law or under a special statute.
● While, it is settled position of law that to provide Legal Aid to accused persons
without means in all cases tried by a court of session, is a mandatory
constitutional necessity,
 it is further necessary that such lawyer should be competent.
● Indigence should never be a ground for denying fair trial or equal justice.
Therefore, advocates competent to handle cases should be appointed.
✔ Summary :
 It is an obligation of every democratic country that it must protect the rights of
every individual.
 The poor has suffered lot of injustices and fallen into deprived or exploited section
of our society.
 The poor people need to be made literate and aware about their legal rights so that
they can stand at equal footing with rich litigants.
 The Legal Services Authorities Act has to go a long way in solving the problems
of needy litigants and bringing poor person in the forefront.
➔ Explain in detail the provisions under the Code of Civil Procedure 1908 to provide
free legal aid to the indigent persons with case laws. (Mar-2015, Apr-2016, Apr-
2017)
✔ Explain : Provisions under the code of Civil Procedure 1908 to provide free legal aid to
the indigent person. (Apr-2014)
ANSWER :
✔ Refer :
✔ Outline :

 Intro
 Legal Aid under CPC :
● Suits by Indigent Persons :[Order-33]
● Appeals by Indigent Persons :
● Position of Minor
✔ Intro :
 <Read “What is “Free Legal Aid” elsewhere in this doc>
✔ Legal Aid under CPC :
 The Code of Civil Procedure, 1908 lays down the procedure for the courts of civil
judicature.
 The equality before law and the principle of equal standing is an essential principle
of civil jurisprudence.
 The Code of Civil Procedure also makes a provision for extending the benefit of
legal aid to those who are poor and thereby incapable to engage the services of a
counsel in such litigation and unable to pay the heavy amounts of court fees, which
makes the procuring of civil rights more difficult for the poorest of the poor in a
society.
 Suits by Indigent Persons :
● -----> Short note : discussed in Module-1.
● An Indigent person is the one who is poor and cannot afford to pay the court fee.
This kind of suits are also called as “Pauper Suits”.
● Order XXXIII of Code of Civil Procedure deals with suits by Indigent persons.
● When a suit is filed before a competent civil court, the party has to pay the
prescribed court fee. If the suit is filed without the prescribed court fee, the suit
is liable to be rejected.
● Definition : ORDER 33 CPC - SUITS BY INDIGENT PERSONS :
 Rule-1 Subject to the following provisions, any suit may be instituted by an
indigent person.
 Explanation I—A person is an indigent person,—
• (a) if he is not possessed of sufficient means to enable him to pay the fee
prescribed by law for the plaint in such suit, or
• (b) where no such fee is prescribed, if he is not entitled to property worth
one thousand rupees.
 Explanation II—Any property which is acquired by a person after the
presentation of his application for permission to sue as an indigent person, and
before the decision of the application, shall be taken into account in

considering the question whether or not the applicant is an indigent person.

 Explanation III—Where the plaintiff sued in a representative capacity, the
question whether he is an indigent person shall be determined with reference
to the means possessed by him in such capacity.
 Rule-1A. Inquiry into the means of an indigent person—
• Every inquiry into the question whether or not a person is an indigent
person shall be made, by the chief ministerial officer of the Court, unless the
Court otherwise directs.
● In Moorti Shree Behari v. Premdas, AIR 1972 All. 287, held that
 In the definition of “indigent person”, the word ‘Person’ not only refers to
natural person, it is ALSO applicable to juristic person.
● In some cases, the plaintiff may not be able to pay the prescribed court fee due
to poverty, etc. In such circumstances, to help such persons to protect their
rights, the Civil Procedure Code, 1908 has provisions under Order XXXIII to
provide an exemption from the court fee.
● The purpose of this provision is that,
 neither party should evade the payment of court fee nor no genuine cause of
litigant should fail for want of funds.
● Objective :
● This Order has been enacted to save triple purposes,
 a) To protect the bonafide claims of indigent persons,
 b) To safeguard the interest of revenue and
 c) To protect the defendants right not to be harassed.
● O-33 Rule 9A – Court to assigning a pleader to unrepresented indigent person :
 O33 R9A(1) provides for the Court to assign a Pleader to an unrepresented
indigent person.
 Where a person who is permitted to sue as an indigent person, is not
represented by a pleader, the court may if the circumstances of the case so
require, assign a pleader to him.
● Rules for Selecting the Pleader :
 Rule 9A (2) provides for making of rules for selecting the pleader.
 The High Court may with the previous approval of the State Government, is
empowered to make rules providing for the mode of selecting pleaders which
will be assigned to an indigent person.
● O33 R17 : Defence by an indigent person :
 Any defendant, who desire to plead a set-off or counter-claim, may be allowed

to set up such claim as an indigent person,

• and the rules contained in this Order shall apply to him as if he were a
plaintiff and his written statement were a plaint.
● Power to make rules :
 O33 R18 : Power of Government to make supplementary rules for free legal
aid services
• R18(1) empowers the State to make supplementary provisions for
extending legal aid benefit to the indigent persons.
• R18(2) empowers the High Court to make rules for carrying out the
supplementary provisions made by the Central or State Government for
providing free legal services to the indigent persons.
 Such rules may include the nature and extent of legal services and also the
conditions under which they may be made available and the agencies through
which such services may be rendered among others.
 O44 : Appeals by Indigent Persons :
● Order XLIV : Appeals by Indigent persons :
● It is divided into three parts.
 R1 : The first deals with who may appeal as indigent persons.
• As per the provision any person who is entitled to appeal but who is unable
to pay the fee may present an application accompanied with memorandum
of appeal.
• Such person may be allowed to appeal as an indigent person in all matters
including the presentation of such application.
 R2 : The second part deals with granting of time by the court for payment of
court fees.
• In case the application is rejected the court while rejecting the application
may allow the applicant to pay the requisite court fee within such time as
fixed by the court or extended by the court from time to time.
 R3 : The third part deals with an inquiry whether an applicant is indigent
person.
• If the government pleader or the other party disputes the ‘indigent’ status
of a party, an inquiry into the same shall be held by the appellate court or
under the orders of the appellate court by an officer of that court.
 Position of Minor :
● A minor is entitled to sue as an indigent person,
 if no property, movable or immovable, is found in his name.

● The court cannot take into consideration the properties standing in the name of
minor's father or any near relation.
 The father or any near relation of the plaintiff has nothing to do with this case
except as next friend.
● It is therefore; clear that the minors cannot be directed to pay the Court-fee
under such circumstances. They may be treated as indigent persons.

Module-2 :
2) Legal Services Authorities Act, 1987 :
2.1) Object and reasons of the Act
2.2) Authorities under the Act, their constitution, term and functions :
2.2.1) National Legal Services Authorities
2.2.2) State Legal Services Authorities
2.2.3) District Legal Services Authorities
2.3) Committees under the Act, their constitution, term and functions
2.3.1) Supreme Court Legal Services Committee
2.3.2) High Court Legal Services Committee
2.3.3) Taluka Legal Services Committee
2.4) Criteria for giving Legal Services
2.5) Entitlement for Legal Services
2.6) National, State and District Legal Aid Fund
2.7) Lok Adalats :
2.7.1) Concept and significance of Lok Adalats & Permanent Lok Adalats
2.7.2) Organization of Lok Adalats
2.7.3) Awards of Lok Adalats
2.7.4) Powers of Lok Adalats
2.8) Pre-litigation Conciliation and Settlement provisions :
2.8.1) Establishment and powers of Permanent Lok Adalats
2.8.2) Cognizance of cases by it and procedure thereof
2.8.3) Award of the Permanent Lok Adalats : Final and binding to the
parties
2.9) Rule making powers of State and Central Government
2.10) Regulation making powers of various authorities under the Act.
➔ Explain in detail the aims and objects of the legal services authorities act 1987
with case laws. (Apr-2016)

✔ Explain in detail the main provisions of the Legal Services Authorities Act 1987.
(Apr-2017)
✔ Explain in detail the concept of free legal aid and advise as well as criteria for
providing free legal services under the Legal Services Authorities Act 1987. (Apr-
2017)
➔ Explain in detail the various authorities and their functions under the Legal Services
Authorities Act 1987. (Mar-2015)
✔ Explain in detail about various authorities and committees constituted under the Legal
Service Authority Act, 1987. (Apr-2014)
✔ Discuss : constitution, term and functions of National Legal Services Authorities
under Legal Services Authorities Act 1987.
✔ Explain in details the powers and functions of Gujarat State Legal Services
Authority as well as District and Taluka Legal Services Authorities. (Apr-2017)
➔ Explain in detail about various authorities and committees constituted under the
Legal Service Authority Act, 1987. (Apr-2014)
✔ Discuss : constitution, term and functions of (i) Supreme Court Legal Services
Committee and (ii) High Court Legal Services Committee under the Legal
Services Authorities Act 1987.
✔ Explain in detail : Gujarat State Legal Services Committee. (Apr-2016)
 Discuss : Gujarat State Legal Service Authority Committee. (Apr-2014)
✔ Explain in detail : Powers and functions of district and taluka legal service
authority committee. (Apr-2016)
 Discuss : Functions of District Legal Service Authority Committee. (Apr-2014)
➔ Explain in detail the nature and criteria for providing free legal aid to the
concerned persons with case laws. (Mar-2015)
✔ Explain in detail : Criteria for providing free legal services. (Apr-2016)
providing free legal services under the Legal Services Authorities Acr 1987. (Apr-
2017)
✔ Discuss : Nature for providing (giving) legal services. (Apr-2014)
➔ Discuss : National, State and District Legal Aid Fund.
➔ Discuss the constitution, function and powers of Lok Adalats and permanent Lok
Adalats constituted under the Legal Services Authorities Act 1987. (Apr-2014, Apr-
2017)
✔ Discuss : (i) Concept and significance, (ii) Organization, (iii) Awards of Lok
Adalats & Permanent Lok Adalats.

✔ Explain in detail the constitution, function and powers of Lok Adalats and Permanent
Lok Adalats constituted under the Legal Services Authorities Act with case laws. (Mar-
2015, Apr-2016)
➔ Discuss : Rule making powers of State and Central Government under the Act.
➔ Discuss : Regulation making powers of various authorities under the Act.
MODULE-2 ANSWERS :
➔ Explain in detail the aims and objects of the legal services authorities act 1987
with case laws. (Apr-2016)
✔ Explain in detail the main provisions of the Legal Services Authorities Act 1987.
(Apr-2017)
providing free legal services under the Legal Services Authorities Act 1987. (Apr-
2017)
ANSWER :
✔ Refer :
 https://www.srdlawnotes.com/2017/03/composition-and-functions-of-district.html
✔ Intro :
 <Search “What is “Free Legal Aid” in this doc>
✔ Origin/ history/ aims/ objectives of Legal Services Authorities Act 1987 :
 <Search “Evolution of free legal aid in India” in this doc>
 It was under
● (i) constitutional mandate - Art-14, Art-21, Art-22(1), Art-38(1), Art-39A, and
Art-142(1) of the Constitution of India, and
● (ii) recommendation in successive Law Commission Reports,
● (iii) government initiatives, and
● (iv) judicial activism, particularly under leadership of Justice V R Krishna Iyer,
and Justice P N Bhagwati,
 that Legal Services Authorities Act, 1987 was enacted to implement free legal aid,

● with an object to establish a nationwide uniform network for providing free and
competent legal services to the weaker sections of the society on the basis of
equal opportunity.
✔ Responsibilities of the Court :
 A court is under obligation to inform the accused or any person coming under
Sec-12 of Legal Services Authority Act that he is entitled a free legal service,
● and failure to do so is sufficient ground for remand, retrial or re-hearing of the
case in question.
✔ Aims and objectives of the Legal Services Authorities Act 1987 :
 Preamble of the LSA Act 1987 :
● An Act to constitute legal services authorities,
 (1) to provide free and competent legal services to the weaker sections of the
society
• to ensure that opportunities for securing justice are not denied to any
citizen by reason of economic or other disabilities, and
 (2) to organise Lok Adalats to secure that the operation of the legal system
promotes justice on a basis of equal opportunity.
 Thus, the Legal Services Authorities Act 1987 was enacted with above 2
objectives :
● To ensure that poor and needy people are able to exercise their fundamental
rights guaranteed under Art-14, 21, 22,
● To establish a social order where the poor not only have the right but also the
means to enforce their rights.
● To make poors and downtrodden people literate and aware about their legal
rights so that they can stand at equal footing with the State as well as with the
rich litigants.
● To organize Lok Adalats to promote justice on the basis of equal opportunity .
● To establish various authorities and committees to implement aims and
objectives of the Act.
✔ Types of Legal Services :
 Following activities & legal services are envisaged under Legal Services Authorities
Act 1987 :
● Provide legal aid to litigants/ accused/ convicts as per criteria given under Sec-
12 of the Act
● Legal Literacy Camps
● Legal Aid Camps

● Legal Aid Clinics

● Free Legal Services by NGOs
● Free Legal Aid and Advise by Law Students
● Para-legal Training by law students
✔ Legal Services Authorities & Committees : Following authorities & committees
have been constituted under Legal Services Authorities Act 1987 to monitor and
evaluate implementation of legal services under the Act :
 Authorities :
● The National Legal Services Authority (NALSA).
● State Legal Services Authorities
● District Legal Services Authorities
 Committees :
● Supreme Court Legal Services Committee
● High Court Legal Services Committee
● Taluka Legal Services Committee
✔ Judicial voice on implementation of LSA Act 1987 :
 Indian Judiciary made a dynamic interpretation of the provisions of Legal Services
Authorities Act in the right context of our socio-economic milieu to enlarge and
expand the concept of legal aid.
 In Kshore Chand v. State of Himachal Pradesh, 1990 Cri LJ 2289, the Court desired
that instead of young advocate, a senior counsel be provided for defence. Court
observed that,
● Though Article 39A of the Constitution provides FR to equal justice and free legal
aid and though the State provides amicus curiae to defend the indigent accused,
 he would be meted out with unequal defence, if a youngster from the Bar
(who has either a little experience or no experience) is assigned to defend.
● It is high time that senior counsel practicing in the Court concerned volunteer to
defend such indigent accused as a part of their professional duty.
 In Prafullaben Dhirubhai Kanjiya v. Dhimbhai Kachrabhai Kanjiya AIR 2001 (Guj)
160, the Court ruled that,
● neither the Court nor the paid advocate, informed the petitioner about her
eligibility for legal aid,
● thereby petitioner incurring heavy expences for revision- application by way of
advocate fees,
● The Court directed the Gujarat High Court Legal Services Committee to provide
free legal aid.

✔ Finance, accounts and audit :

 In most western countries Legal Aid Programme is confined to one aspect, ie
providing assistance to the poor so that he can go to the Court to get his grievance
redressed or to defend himself.
 In India Legal Aid Programme applies to various aspects such as —
● Financial assistance in Court cases or cases before administration of tribunals or
departments
● Conducting Lok Adalats
● Legal awareness campaigns
● Pre-litigation adjudication.
 The Central Government, after due appropriation made by Parliament by law in this
behalf,
● pay to the Central Authority, by way of grants, such sums of money as the
Central Government may think fit for being utilised for the purposes of this Act.
 Sources of funds :
● The Central Authority is to establish a Fund to be called the National Legal Aid
Fund.
● Similarly State Authority and District Authority shall establish a fund to be called
the State Legal Aid Fund and District Legal Aid Fund respectively.
● In addition to the National Legal Aid Fund, the Supreme Court Legal Services
Committee is also funded by costs awarded by court and directed to be paid
directly to the Committee.
 Eg IF a petitioner, needlessly and irresponsibly filed an SLP, The Supreme
Court may, while dismissing the appeal with exemplary cost of Rs.5000/-.
● Likewise, a State Authority shall establish a fund to be called the State Legal Aid
Fund and there shall be credited thereto :
 a) All sums of money paid to it or any grants made by the Central Authority for
the purpose of this Act;
 b) Any grants or donations that may be made to the State Authority by the
State Government or by any other person for the purpose of this Act;
 c) Any other amount received by the State Authority under the orders of any
court or from any other source.
● In Lawrence Fernandes, it was held that,
 the State Government had no power to either sanction or release the funds out
of the budgetary allocation of the authority.
 Once the amount is allocated in the budget to the authority, it becomes the

funds of the authority and the Government has no power over it.
✔ Conclusion :
 Inspite of more than 2 decades since LSA Act 1987, the general populace is largely
unaware of the existence of LSAs, much less their functions and how to approach
them.
● An effective publicity campaign involving mass media (especially radio and TV)
should be launched to make people aware of the LSAs.
 The Act applies to all persons who are members of the Scheduled Castes and Tribes
and all women and children irrespective of their financial status. ie Free legal
services are available to 75% of the country's population.
 Legal aid facility has been implemented for over 15 years. However,
● the information of such scope of assistance is not with majority of those who
really need such assistance.
● there is lack of implementation in the manner it was envisaged.
 To do justice to those citizens who do not have the means to approach the Court
for redressal, it is important to spread information of such schemes.

GO TO CONTENTS.
➔ Explain in detail the various authorities and their functions under the Legal Services
Authorities Act 1987. (Mar-2015)
✔ Explain in detail about various authorities and committees constituted under the Legal
Service Authority Act, 1987. (Apr-2014)
✔ Discuss : constitution, term and functions of National Legal Services Authorities
under Legal Services Authorities Act 1987.
✔ Explain in details the powers and functions of Gujarat State Legal Services
Authority as well as District and Taluka Legal Services Authorities. (Apr-2017)
ANSWER :
✔ Refer :
 https://www.srdlawnotes.com/2017/03/composition-and-functions-of-district.html
✔ Authorities :

 The Legal Services Authorities Act, 1987 came into force on 9th November, 1995.
 Following authorities have been constituted under Legal Services Authorities Act
1987 to monitor and evaluate implementation of legal services available under the
Act :
● 1. National Legal Services Authority (NALSA).
● 2. State Legal Services Authorities
● 3. District Legal Services Authorities
✔ 1. National Legal Services Authority (NALSA, Central Authority) :
 The National Legal Services Authority (NALSA, Central Authority) has been
constituted under the Legal Services Authorities Act, 1987,
● to monitor and evaluate implementation of legal services available under the Act .
 Constitution of the National Legal Services Authority :
● The Central Government to constitute a body to be called the National Legal
Services Authority to exercise the powers and perform the functions conferred or
assigned to, the Central Authority under the Act.
● The central Authority to consist of
 i. The Chief Justice of India who shall be the Patron-in-Chief. The idea of
having the Chief Justice as patron enhances the prestige of central authority.
 ii. A serving or retired Judge of the Supreme Court to be nominated by the
President, in consultation with the Chief Justice of India, who shall be the
Executive Chairman. It is commendable to have a retired Supreme Court
judge as the executive chairman who can devote all his time for this
prestigious job.
 iii. Such other members as may be prescribed and nominated by the Central
Government.
 iv. Member Secretary, who is appointed by the Central Government with the
consultation of Chief Justice, exercises such powers and performs duties under
the Executive Chairman of the Central Authority.
● Act or proceeding of the Central Authority not to be invalid merely on the ground
of the existence of any vacancy in or any defect in the constitution of the Central
Authority.
 Terms & Conditions :
● The Central Government prescribes the terms and other conditions relating to
members and member secretary of the Central Authority.
 Funds :
● The Administrative expenses of the Central Authority, including the salaries,

allowances and pensions payable to the Member- Secretary Officer and other
employees of the Central Authority,
 shall be defrayed out of the Consolidated Fund of India .
 Authentication of orders :
● All orders and decisions of the Central Authority shall be authenticated by the
Member-Secretary or any other officer of the Central Authority duly authorised
by the Executive Chairman of that Authority.
 Functioning of National Legal Services Authority (NALSA) :
● The NALSA issues guidelines for the State Legal Services Authorities to
implement the Legal Aid Programmes and schemes throughout the country.
● NALSA being the Central Authority is ordained to lay down the policies and
principles to be implemented for whole of the country.
● Nevertheless, taking into consideration the multi-ethnic and multi socio-
economic and geo-political situations prevailing in India, the State level plans
and strategies for legal aid also assume importance. Therefore, NALSA has to
coordinate the activities of the State Legal Services Authorities for leading to the
ultimate objective envisioned in Articles 14, 21, & 39-A of the Constitution of
India.
● In order to implement the 'Constitutional Vision' in its letter and spirit, it is a
statutory obligation of NALSA to lay down broad policies and principles for
making legal services all inclusive, particularly having regard to the entitlement
(as indicated in section 12) of marginalized or weaker sections of society like
members of scheduled castes, schedules tribes, victims of trafficking, women,
children, elderly persons, people with disabilities, etc.
● Towards this end, it is incumbent on NALSA to identify and give concrete shape
to schemes with pan-India application, prioritize their implementation in a fixed
time-frame and at the same time equip the State Legal Services Authorities so
as to strengthen their machinery to make it battle ready.
● Functions of NALSA :
 The Central Authority to frame the most effective and economical schemes for
the purpose of making legal services available under the provisions of this Act
to utilise the funds at its disposal,
 take necessary steps by way of social justice litigation with regard to consumer
protection, environmental protection or any other matter of special concern to
the weaker sections of the society
 Organise legal camps, especially in rural areas, slums or labour colonies with
the dual purpose of educating the weaker sections as to their rights as well as
encouraging the settlement of disputes through Lok Adalats, or by way of

negotiations, arbitration and conciliation.

 Develop, in consultation with the Bar Council of India programmes for clinical
legal education and promote guidance and supervise the establishment and
working of Legal Services Clinics in Universities, Law Colleges and other
Institutions.
 Make special efforts to enlist the support of voluntary social welfare institutions
working at the gross-root level, particularly among the Schedule Castes and
the Scheduled Tribes, women and rural and urban labour.
 Reach out to the people at large and towards this end adopt appropriate
publicity measures to add to the awareness.
• Production of documentaries in Hindi, English and regional languages,
inserting advertisements in the print and electronic media to promote
objectives.
 Periodically convene regional meets of the state authorities to exchange ideas ,
share their experiences and 'best practices'.
 There are large number of NGOs working in every nook and comer of the
country addressing different needs of the society, targeting different sections
of the society. To derive optimum gain and maximize results out of their
disparate efforts, it is desirable that NALSA provides the necessary platform so
that there is a proper co-ordination amongst them, of course without
compromising their identity or independence of initiatives.
 Ten Commandments to achieve objectives of NALSA : In order to achieve the
objectives enshrined in the National Legal Services Scheme, Justice J.N. Bhatt
has suggested Ten Commandments, which are as follows :
● 1. To provide and create for effective and efficient well-structured,
comprehensive and cohesive, legal service programmes and projects, which will
help prompt distributive justice.
 Legal aid in its scope and ambit must contain both preventive and protective
measures.
 Legal Aid should be adopted as such, as people's movement for speedy and
inexpensive justice, at all levels.
● 2. Legal Service Authorities and Committees under the Act must be sufficiently
funded by the State.
 They must also receive adequate support and ample assistance from the civil
services.
 It should also, be liberally assisted by the Bench and Bar.
 It should also be helped, generously by Non-Governmental Organizations
(NG0s).

● 3. Legal service personnel should strictly comply with and employ the means-
cum-merit criteria for avoiding likely misuse of legal service system.
 Rights and duties are inter-dependable and inseparable. Rights flow from
duties and duties confer rights.
 If all simply insist on rights and not duties there shall be no effective legal
service and social order and justice.
● 4. Appointment of Legal Aid Advocates must be on the criteria of competence,
character, commitment and credentials.
● 5. Appointment of "Legal Aid Counsel" in all Courts of Magistrates so as to
ensure that no person in custody feels handicapped in his defence.
 Dedicated approach to legal aid by the judiciary and legal fraternity is not only
equally important but is imperative.
● 6. Aspect of "Permanent Lok Adalat" must be well planned. It should be
functioning in all districts in the country and should be subject to review and
assessment periodically.
● 7. Well structured and effective planning for efficient publicity campaign for
creating awareness of objects of provisions of Legal Services Authorities Act.
 Multifaceted and dimensional legal literacy campaign on large scale must be
evolved and executed.
● 8. Item of legal services should be a planned item in the budget so as to ensure
national legality in the plan of national development.
 It is not only expedient but obligatory in our country which is wedded to the
welfare state policy and more so when more than majority are handicapped by
poverty and illiteracy and also social inequalities.
● 9. Legal Service is not a charity nor a grace but a constitutional mandate and
state members of Bar and Bench as well as other concerned legal aid
functionaries, service-oriented clubs and organizations should strive and ensure
that this solemn pledge is observed with letter and spirit.
● 10. Legal fraternity must respond with juristic sensitivity to the voice of weak,
meek, poor, suppressed and exploited women, destitute children.
 Bar is really, backbone of legal service to complete the constitutional
obligations and obtain statutory rights of millions of handicapped needy and
deserving people.
 NALSA Schemes :
● The NALSA has formulated the following schemes to perform its functions under
the Legal Services Authorities Act, 1987
 Legal and Counsel Scheme,

• to provide meaningful legal assistance to under-trial prisoners who, on

account of lack of resources or other disabilities, cannot engage a counsel to
defend them.
• Now, Legal Aid Counsel have been attached to each Magisterial Court who
provide assistance and defend a person who is not able to engage a
counsel, right from the stage he/she is produced in the court by the police.
 Permanent and Continuous Lok Adalat Scheme,
• to establish Lok Adalats under Section 19 of the Act in all the districts of the
country.
• Network of Lok Adalats are conducted to settle disputed involving
Government Departments, Petitions pending before Women's Commissions,
various Tribunals, Labour Courts, Industrial Tribunal and Tax Tribunals etc.
• Special Lok Adalats are set-up in all Family Courts.
• Under this scheme, the Lok Adalats are now organized regularly at
designated venues, even away from court complexes and the cases which
remain unsettled are taken up in the next Lok Adalat.
• Lok Adalats have thus acquired permanency and continuity and are no more
occasional.
 Counseling and Conciliation Scheme,
• to encourage the settlement of disputes by way of negotiations and
conciliation.
• Under this scheme, Counseling and Conciliation Centres are being set up in
all the Districts of the country for guiding and motivating the parties to
resolve their disputes amicably.
• Such Centres have been set up in most of the Districts.
 Legal Literacy Programme,
• to provide basic and essential knowledge to the vulnerable groups so that
they can understand the law and know the scope of their rights under the
law and eventually assert their rights as a means to take action, uplift their
social status.
 Legal Aid Camps,
• are organized through State Legal Services Authorities, Taluka Legal
Services Committees, NGOs. etc in the rural area and slum areas for
educating the weaker sections as to their rights and for encouraging them to
settle their disputes through ADR Mechanism.
• The people are educated/made aware of their rights, benefits and privileges
guaranteed by social welfare legislations, administration programmes and

measures etc.
 Accreditation of Voluntary Social Service Institutions ,
• is a scheme for accreditation of Voluntary Social Service Institutions to
establish a nation wide network of voluntary agencies in order to spread
legal literacy, legal awareness and publicity for legal services throughout the
nook and corner of the country.
• All the State Legal Services Authorities have been urged to identify Social
Service Institutions in all Districts and give them accreditation.
 Para-legal Volunteer Scheme,
• for building up a group of volunteers from among the rural people to act as
intermediates between the common people and legal services institutions at
Central, State, District and Taluka levels.
• Trained para-legal volunteers are available to run legal aid clinics in villages.
• The common people in villages will feel more confident to discuss their
problems with a friendly volunteer from their own community rather than
with a city-based legal professional.
• The volunteers will refer any complicated legal matters that require
professional assistance to the nearest legal services institutions.
• When complex legal problems are involved, the services of professional
lawyers will be made available in the legal aid clinics.
 Legal Aid Clinics,
• <Search “concept of permanent legal aid clinic and its services” in this
document>
✔ 2. State Legal Services Authority :
 Chapter III of Legal Services Authorities Act 1987 deals with State Legal Services
Authority.
 In every State, a State Legal Services Authority has been constituted under the
Legal Services Authorities Act, 1987 to monitor and evaluate implementation of
legal services at the State level.
 Sec.6 refers to the constitution of Legal Services Authority in the state.
 Sec.7 deals with functions of State Authority, and
 Sec.8 deals with co-ordination by the state authority with other agencies in order
to discharge its functions.
 Constitution :
● As per section 6 the State Legal Services Authority called the legal service
authority is to be constituted by the State Government.

● The State authorities are headed by a sitting High Court Judge and the Chief
Justice of the High Court is the Patron-in-Chief.
● A serving or retired Judge of the High Court, be nominated by the Governor, as
an Executive Chairman
● And other members those who possess prescribed experience and qualifications
nominated by the Government.
● The State Government in consultation with the Chief Justice of the High Court,
appoint Member Secretary of the State Authority, who is in judicial service as a
District judge to exercise such powers and perform such duties under the
Executive Chairman to him by the Executive Chairman of that Authority.
 It is to be noted that member secretary has to be given full fledged work
without giving any judicial work. Then only legal services authorities can
function effectively.
● No act or proceeding of a State Authority shall be invalid merely on the ground
of the existence of any vacancy in or any defect in the constitution of the State
Authority.
 Employees :
● For the efficient discharge of authority functions state government with the
consent of Chief Justice of High Court appoint number of officers.
 Funds :
● The salaries, allowances and pensions payable to the Member Secretary, officers
and other employees of the State Authority payable out of the Consolidated Fund
of the State.
 Functions of State Authority : Sec.7 deals with functions of the State Authority.
● It is the duty of the State Authority to give effect to the policy and directions of
the Central Authority.
● Providing legal service to persons mentioned under Sec.12 ,
● to settle the disputes pre-litigation stage conduct Lok Adalats ,
● to plan and organise legal aid programmes are the functions among others.
● Apart from implementing the National Strategies and Plans of Action, the State
Authorities have a pivotal role to play.
● The State Authorities are to function in such a way as to serve as the State level
apex body for the legal services activities taking place in the State concerned.
● They should work in such a manner as a benevolent institution to which all
categories of persons mentioned in Section 12 of the Act can pin their hopes on.
● It is important that all the State Legal Services Authorities work in tandem with
each other, always keeping NALSA informed, so that all energies are channelized

in a concerted manner to achieve the shared broader objectives and common

goals.
✔ Gujarat State Legal Services Authority :
 1970 : The State of Gujarat appointed a Committee to consider the question of
grant of legal aid to poor persons and the backward classes under the chairmanship
of Justice P. N. Bhagawati.
 The report of the Committee was submitted in the year 1971.
 1972 : In order to act upon the recommendations of the said Committee, the
Government of Gujarat launched a Pilot Project, “Free Legal Aid and Advice” as an
experimental measure.
 Between 1978 and 1986 Supreme Court Justice P N Bhagwati and Justice V R
Krishna Iyer gave landmark judgments inventing “Right to Free Legal Aid” as a
fundamental right.
 1987 : The Legal Services Authorities Act, 1987 received the President’s assent on
11-Oct-1987.
 1995 : The Legal Services Authorities Act, 1987 came into force on 09Nov-1995.
 1997 : The Government of Gujarat framed the rues namely, The Gujarat State
Legal Services Authority Rules, 1997.
● It contains 5 chapters.
● Chapter III dealt with High Court Legal Services Committee,
● Chapter IV dealt with District Court Legal Services Committee,
● Chapter V dealt with Taluk Legal Services Committee.
 1998 : The Gujarat State Legal Services Authority made its Regulations in 1998.
✔ 3. District Legal Services Authority :
 Intro :
● The Legal Services Authorities Act 1987 provides for the setting up of statutory
legal services authorities at the National, State, and District levels so as to
provide effective monitoring of legal aid programmes.
● It also provides the composition of such authorities.
● District Legal Services Authorities have been constituted in all Districts,
 in order to give effect to the policies and directions of the NALSA, and
 to provide free legal services to the people and conduct Lok Adalats in the
district.
● Section 9 of the Legal Services Authority Act, 1987 deals with Composition of
District Authority.

● Section 10 of the Legal Services Authority Act, 1987 deals with functions of
District Authority.
● Section 11 provides that District Authority is to act in co ordination with other
agencies and be subject to other directions given by the Central authority.
● District Authority means a District Legal Services Authority constituted under
Section 9 of the said Act.
 Composition and Functions of District Legal Services Authority are as Follows :
● The State Government shall in consultation with the Chief Justice of the High
Court, constitute a body to be called the District Legal Services Authority for
every District in the State to exercise the powers and perform the functions
conferred on, or assigned to the District Authority under this Act.
● District Authority shall consist of -
 (a) The District Judge who shall be its Chairman; and
 (b) such number of other Members, possessing such experience and
qualifications as may be prescribed by the State Government, to be nominated
by that Government in consultation with the Chief Justice of the High Court.
● No Act or proceeding of a District Authority shall be invalid merely on the ground
of the existence of any vacancy in, or any defect in the constitution of, the
District Authority.
● Secretary :
 The State Authority shall, in consultation with the Chairman of the District
Authority appoint a person belonging to the State Judicial Service not lower in
rank than that of a Subordinate Judge or Civil Judge posted at the seat of the
District Judiciary as Secretary of the District Authority to exercise such powers
and perform such duties under the Chairman of that Committee as maybe
assigned to him by such Chairman.
 Terms & Conditions :
● The terms of office and other conditions relating thereto, of Members and
Secretary of the District Authority shall be such as may be determined by
regulations made by the State Authority in consultation with the Chief Justice of
the High Court.
 Employees :
● The District Authority may appoint such number of officers and other employees
as may be prescribed by the State Government in consultation with the Chief
Justice of the High Court for the efficient discharge of its functions.
● The officers and other employees of the District Authority shall be entitled to
such salary and allowances and shall be subject to such other conditions of
service as may be prescribed by the State Government in consultation with the

Chief Justice of the High Court.

 Funds :
● The administrative expenses of every District Authority, including the salaries,
allowances and pensions payable to the Secretary, officers and other employees
of the District Authority shall be defrayed out of the Consolidated Fund of the
State.
 Authentication of orders :
● All orders and decisions of the District Authority shall be authenticated by the
Secretary or by any other officer of the District Authority duly authorised by the
Chairman of that Authority.
 Sec-10 : Functions of District Authority :
● (1) It shall be the duty of every District Authority to perform such of the
functions of the State Authority in the District as may be delegated to it from
time to time by the State Authority.
● (2) Without prejudice to the generality of the functions referred to in sub-section
(1), the District Authority may perform all or any of the following functions,
namely -
 (a) co-ordinate the activities of the Taluk Legal Services Committee and other
legal services in the District;
 (b) organise Lok Adalats within the Districts; and
 (c) perform such other functions as the State Authority may fix by regulations.
➔ Explain in detail about various authorities and committees constituted under the
Legal Service Authority Act, 1987. (Apr-2014)
✔ Discuss : constitution, term and functions of (i) Supreme Court Legal Services
Committee and (ii) High Court Legal Services Committee under the Legal
Services Authorities Act 1987.
✔ Explain in detail : Gujarat State Legal Services Committee. (Apr-2016)
 Discuss : Gujarat State Legal Service Authority Committee. (Apr-2014)
✔ Explain in detail : Powers and functions of district and taluka legal service
authority committee. (Apr-2016)
 Discuss : Functions of District Legal Service Authority Committee. (Apr-2014)
ANSWER :
✔ Refer :

 https://www.srdlawnotes.com/2017/03/composition-and-functions-of-taluk.html

✔ Intro :
 <Search “What is “Free Legal Aid” in this doc>
 It was under
● (i) constitutional mandate - Art-14, Art-21, Art-22(1), Art-38(1), Art-39A, and
Art-142(1) of the Constitution of India, and
● (ii) recommendation in successive Law Commission Reports,
● (iii) government initiatives, and
● (iv) judicial activism, particularly under leadership of Justice V R Krishna Iyer,
and Justice P N Bhagwati,
 that Legal Services Authorities Act, 1987 was enacted to implement free legal aid,
● with an object to establish a nationwide uniform network for providing free and
competent legal services to the weaker sections of the society on the basis of
equal opportunity
✔ Committees : Following committees have been constituted under Legal Services
Authorities Act 1987 to monitor and evaluate implementation of legal services
available under the Act :
● 1. Supreme Court Legal Services Committee
● 2. High Court Legal Services Committee
● 3. Taluka Legal Services Committee
✔ 1. Supreme Court Legal Services Committee :
 Supreme Court Legal Services Committee has been constituted to administer and
implement the legal services programme in so far as it relates to the Supreme
Court of India.
 The Central Authority shall constitute a Committee to be called the “Supreme Court
Legal Services Committee”, the Chairman of which is a sitting judge of the
Supreme Court.
 This Committee exercises powers and functions as may be determined by central
authority (NALSA).
 The Supreme Court Legal Services Committee has been enacted under the Legal
Services Authorities Act, 1987 for the effective rendering of justice in the apex
court.
 If a person belongs to Scheduled Caste or Scheduled Tribe, a victim of natural
calamity, is a woman or a child or a mentally ill or otherwise disabled person or an

industrial workman, or is in custody including custody in protective home, he/she is

entitled to get free legal aid from the Supreme Court Legal Aid Committee.
 The aid so granted by the Committee includes cost of preparation of the matter and
all applications connected therewith, in addition to providing an Advocate for
preparing and arguing the case.
 Any person desirous of availing legal service through the Committee has to make
an application to the Secretary and hand over all necessary documents concerning
his case to it.
 The Committee after ascertaining the eligibility of the person provides necessary
legal aid to him/her.
✔ 2. High Court Legal Services Committee :
 Sec.8A contemplates High Court Legal Aid services Committee. In every High
Court, a High Court Legal Services Committee has been constituted to administer
and implement the legal services programme in so far as it relates to that High
Court.
 The State Authority is to constitute a Committee to be called the High Court Legal
Services Committee for every High Court, for exercising such powers and
performing such functions as may be determined by regulations made by the State
Authority.
 Chairman of the committee should be a sitting judge of High Court .
 Chief Justice of High Court nominates Secretary to the committee and other
members to assist the chairman.
✔ 3. Taluka Legal Service committee :
 Introduction :
● The Legal Services Authorities Act, 1987 has been enacted,
 to constitute the Legal Services Authorities Act to provide free and competent
Legal Services to the weaker section of the society
 to ensure that opportunities for securing justice are not denied to any citizen
by reason of economic or other disabilities and
 to organize Lok Adalats to secure that the operation of the Legal System
promotes justice on a basis of equal opportunity.
● The Act provides for setting up of statutory legal services authorities at the
National, State and District levels so as to provide effective monitoring of legal
aid programmes.
● Section 11A and Section 11B of the said Act deals with Composition and
functions of Taluk Legal Service Committee.
 Composition of Taluk Legal Service Committee :

● The State Authority may constitute a Committee, to be called the Taluk Legal
Services Committee, for each Taluk or Mandal or for group of Taluks or Mandals.
● The Taluk Legal Services Committee shall consist of -
 (a) the senior Civil Judge operating within the jurisdiction of the Committee
who shall be the ex-officio Chairman; and
 (b) such number of other Members, possessing such experience and
qualifications, as may be prescribed by the State Government, to be
nominated by that Government in consultation with the Chief Justice of the
High Court.
 Employees :
● The committee may appoint such number of officers and other employees as
may be prescribed by the State Government in consultation with the Chief
Justice of the High Court for the efficient discharge of its functions.
 Funds :
● The officers and other employees of the Committee shall be entitled to such
salary and allowances and shall be subject to such other conditions of service as
may be prescribed by the State Government in consultation with the Chief
Justice of the High Court.
● The administrative expenses of the Committee shall be defrayed out of the
District Legal Aid Fund by the District Authority.
 Functions of Taluk Legal Services Committee :
● According to Section 11(B) of the Legal Services Authorty Act 1987 the Taluk
Legal Services Committee may perform all or any of the following functions,
namely -
 (a) co-ordinate the activities of legal services in the taluk;
 (b) organise Lok Adalats within the taluk; and
 (c) perform such other functions as the District Authority may assign to it.
➔ Explain in detail the nature and criteria for providing free legal aid to the
concerned persons with case laws. (Mar-2015)
✔ Explain in detail : Criteria for providing free legal services. (Apr-2016)
providing free legal services under the Legal Services Authorities Acr 1987. (Apr-
2017)

✔ Discuss : Nature for providing (giving) legal services. (Apr-2014)

ANSWER :
✔ Refer :
 http://epgp.inflibnet.ac.in/UploadedContent.php – Law – Access to justice -
5634_et_07et.pdf
 http://www.srdlawnotes.com/2017/03/application-for-legal-aid-and.html
✔ Intro :
 Sec-12 & Sec-13 Chapter IV of Legal Services Authorities Act 1987 deals with
entitlement of Legal Services.
 Inadequate representation of case before the court due to lack of legal assistance is
a very big reason for injustice and delayed justice.
 All laws are made for all men irrespective of their status and standing in society.
 Even a man who may not have any status, office, post or rank in society is a citizen
with expectations for a just and humane order.
 The object of Legal Aid is to provide legal aid to the weaker section of the society.
 NALSA provides for free legal aid to the persons covered by Sec 12 of LSA,
● and includes persons in custody and in psychiatric hospitals, victims of trafficking
in human beings, victims of disasters, ethnic violence, caste atrocities, flood,
drought, earthquake or industrial disaster.
✔ What is included in Legal Aid?
 Nature of services provided include,
● advocates' fees,
● payment of court fee for filing case before a court,
● expenses for typing and preparation of petition and documents,
● expenses for summoning witnesses,
● and meeting expenses incidental to litigation.
 NALSA also provides for preventive and strategic legal aid by undertaldng legal
awareness programmes and transforming villages into litigation free.
✔ People entitled to free legal services :
 Sec-12 Criteria for giving legal services —Every person who has to file or defend a
case shall be entitled to legal services under this Act if that person is—
● (a) A member of a SC or ST.
● (b) A victim of trafficking in human beings or beggar as referred in Art-23 of the
Constitution;

● (c) A woman or a child;

● (d) A person with disability as defined in section 2(i) of the “Persons with
Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act
1995”
● (e) A victim of a mass disaster, ethnic violence, caste atrocity, flood, drought,
earthquake or industrial disaster;
● (f) An industrial workman;
● (g) In custody, including
 custody in a protective home within the meaning of clause (g) of section 2 of
the “Immoral Traffic (Prevention) Act, 1956”,
 or in a Juvenile home within the meaning of clause (j) of section 2 of the
“Juvenile Justice Act, 1986”,
 or in a psychiatric hospital or psychiatric nursing home within the meaning of
clause (g) of section 2 of the “Mental Health Act, 1987”;
● (h) if the case is before a court other than the Supreme Court,
• In receipt of annual income, less than rupees nine thousand or such other
amount as may be prescribed by the State Government
 or if the case is before the Supreme Court
• In receipt of annual income, less than rupees twelve thousand or such other
higher amount as may be prescribed by the Central Government,.
● Note :
 Though legal aid is applicable to all needy persons as provided u/s 12 of LSA,
• Chairman of Executive Committee has discretion to extend this benefit to
some other category of persons.
 For more severe punishment, accused shall be provided more competent
lawyer.
• If the offence charged against the accused is such that, on conviction, it
would result in a sentence of imprisonment,
• then the circumstances of the case and the needs of social justice require
that
• he should be given free legal representation.
 Sec-13 Entitlement of legal services —
● (1) Persons who satisfy the criteria specified in section 12,
 shall be entitled to receive legal services
• provided that the concerned Authority is satisfied that such person has a
prima facie case to prosecute or to defend.

● (2) An affidavit made by a person as to his income may be regarded as sufficient

for making him eligible to the entitlement of legal services,
 unless the concerned Authority has reason to disbelieve such affidavit.
 Disqualification for free legal aid :
● Following persons are not entitled to the legal aid unless the Chairman of the
Committee approves it as a special case :
 Proceedings wholly or partly in respect of defamation or malicious prosecution
or any incidental proceedings,
 A person charged with contempt of court proceedings or any incidental
proceedings,
 A person charged with perjury,
 Proceedings relating to any election,
 Proceedings in respect of economic offences and offences against social laws
such as the Immoral Traffic (Prevention) Act 1956, unless in such cases the aid
is sought by the victim.
● Following persons are not entitled to the legal aid under any circumstances :
 ie even the Chairman cannot sanction legal aid to these persons.
 Legal aid is also denied where a person seeking the legal services -
• i) is concerned with the proceedings only in a representative or official
capacity.
• ii) If a formal party to the proceedings, not materially concerned in the
outcome of the proceedings and his interests are not likely to be prejudiced
because of the absence of proper representation.
 In the above two circumstances even the Chairman. cannot sanction legal aid
as a special case.
✔ Procedure :
 After court has informed the party about his right to legal aid or where the party
is aware about the right, he has to plead for legal aid by written document which
satisfies the following formalities :
● (i) Persons who satisfy all or any of the criteria specified in Sec.12 shall be
entitled to receive legal services provided that the concerned Authority is
satisfied that such person has a prima facie case to prosecute or to defend.
● (ii) An affidavit made by a person as to his income may be regarded as sufficient
for malcing him eligible to the entitlement of legal services under this Act unless
the concerned Authority has reason to disbelieve such affidavit.
 Whom to apply?

● a) In case of Supreme Court,

 to the Member Secretary, National Legal Services Authority, 12/11, Jamnagar
House, Shahjahan Road, New Delhi-110011
 or to the Secretary, Supreme Court Legal Services Committee, 109, Lawyers
chambers, post office wing, Supreme Court Compound, New Delhi-110001.
● b) In case of High Court,
 to the Member Secretary, State Legal Services Authority of the concerned state
 or to the Registrar General — cum - Secretary, High Court Legal Services
Committee.
● c) In case of District level,
 to the District-cum-Sessions Judge, District Legal services Authority of the
concerned district
 or to Chief Judicial Magistrate-cum-Secretary, District Legal service Authority.
➔ Discuss : National, State and District Legal Aid Fund.

ANSWER :
✔ Refer :
✔ National Legal Aid Fund :
✔ State Legal Aid Fund :
✔ District Legal Aid Fund :
➔ Discuss the constitution, function and powers of Lok Adalats and permanent Lok
Adalats constituted under the Legal Services Authorities Act 1987. (Apr-2014, Apr-
2017)
✔ Discuss : (i) Concept and significance, (ii) Organization, (iii) Awards of Lok
Adalats & Permanent Lok Adalats.
✔ Explain in detail the constitution, function and powers of Lok Adalats and Permanent
Lok Adalats constituted under the Legal Services Authorities Act with case laws. (Mar-
2015, Apr-2016)
ANSWER :
✔ Refer :

 http://epgp.inflibnet.ac.in/UploadedContent.php – Law – Access to justice -

5634_et_07et.pdf
 http://www.srdlawnotes.com/2017/01/what-is-lok-adalats.html
 http://www.srdlawnotes.com/2017/01/what-are-benefits-of-lok-adalat.html
 http://www.srdlawnotes.com/2017/03/difference-between-permanent-lok-
adalat.html
✔ Outline :
 1. Lok Adalat :
● Need and Objectives of Lok Adalat :
● Scope of Lok Adalat :
● Organisation of Lok Adalats :
● Composition Lok Adalat and qualification of it members :
● Jurisdiction of Lok Adalat :
● Nature/ features of Lok Adalat :
● Benefits of Lok Adalat :
● Sec-12 Criteria for giving legal services, and Sec-20 Cognizance of cases by Lok
Adalats
 2. Permanent Lok Adalat :
● Legal Services Authorities (Amendment) Act, 2002
● What is “Public Utility Service” ?
● Need and objectives for Permanent Lok Adalats
● Basis for Permanent Lok Adalat : Abul Hassan And National Legal vs Delhi Vidyut
Board & Ors
● Establishment of Permanent Lok Adalats — Sec-22B(1) :
● Composition of Permanent Lok Adalats — Sec-22B(2) :
● Scope and Jurisdiction : Sec-22C(1) :
● Procedure : Sec-22C :
● Informal nature of procedure : Sec-22D :
● Finality of award : Sec-22E :
● Benefits of Permanent Lok Adalat :
 Difference Between Lok Adalat and Permanent Lok Adalat :
✔ 1. Lok Adalat :

 Intro :
● The introduction of Lok Adalats added a new chapter to the justice dispensation
system of this country and succeeded in providing a supplementary forum to the
litigants for conciliatory settlement of their disputes.
● In the case of P.T. Thomas v. Thomas Job, the Hon’ble Supreme Court
elaborately explained the meaning and benefits of Lok Adalat as follows :
 The "Lok Adalat" is an old form of adjudicating system prevailed in ancient
India
 Its validity has not been taken away even in the modern days too.
 The word 'Lok Adalat' means 'People Court'.
 This system is based on Gandhian Principles.
 It is one of the components of Alternative Dispute Resolution System.
 Indian Courts are overburdened with the backlog of cases and involve a
lengthy, expensive and tedious procedure.
• the Court takes years together to settle even petty cases.
 Lok Adalat provides alternative device for expeditious and inexpensive justice.
 In Lok Adalat proceedings there are no victors and loosers and thus no enmity.
 Experiment of 'Lok Adalat' as an alternate mode of dispute settlement has
come to be accepted in India, as a viable, economic, efficient and informal
one.
 There is no court fee and if court fee is already paid the amount will be
refunded if the dispute is settled at Lok Adalat according to the rules.
 Need and Objectives of Lok Adalat :
● One of the objects of the Legal Services Authorities Act 1987 is,
 to settle the disputes speedily through Lok Adalat.
● Indian Courts are overburdened with work and it takes years to settle the
disputes before the formal courts.
● As we know that justice delayed is justice denied so need was felt for the
constitution of alternate dispute mechanism to settle the disputes speedily
without following the technicality of formal procedure.
● The Lok Adalat is recognized as one of the alternate dispute resolution
mechanism capable of settling the dispute speedily, cheaply and amicably.
● Object of Lok Adalat is to reduce burden on the Courts so that the problem of
law's delay may be solved and to settle the disputes quickly by counseling and
discussions, etc.
 Scope of Lok Adalat :

● All legal services authorities can organize Lok Adalats at such intervals and
places and for exercising such jurisdiction and for such areas as it thinks fit.
● The scope of Lok Adalat is very wide to
 include most of the cases pending in the court and about to come before the
court for settlement.
● The Lok Adalat have no jurisdiction in cases relating to an offence not
compoundable under any law.
● The Authority or Committee organizing the Lok Adalat may on receipt of an
application from any one of the parties to matter referred above refer such
matter to the Lok Adalat for determination.
 Organisation of Lok Adalats :
● According to Sec-19 :
 (1) Every State Authority or District Authority or SC Legal Services Committee
or HC Legal Services Committee or Taluk Legal Services Committee
• may organise Lok Adalats
• at such intervals and places
• and for exercising such jurisdiction
• and for such areas as it thinks fit.
 Composition Lok Adalat and qualification of it members :
● Sec-19 :
 (2) Every Lok Adalat shall consist of such number of—
• (a) serving or retired judicial officers; and
• (b) other persons, of the area as specified by the competent Authorities.
 (3) The experience and qualifications for Lok Adalats organised by the SC
Legal Services Committee shall be such as may be prescribed by the Central
Government in consultation with the Chief Justice of India.
 (4) The experience and qualifications for Lok Adalats organised by other than
SC Legal Services Committee shall be such as may be prescribed by the State
Government in consultation with the Chief Justice of the High Court.
● Qualifications : According to Rules framed under the Act, a person shall not be
qualified to be included in the Lok Adalat unless he is
 a member of the legal profession
 or a person of repute who is specially interested in the implementation of the
Legal Services Schemes and Programmes
 or an eminent social worker who is engaged in the upliftment of the weaker
sections of the society.

 Jurisdiction of Lok Adalat :

● According to Sec-19(5), a Lok Adalat shall have jurisdiction to determine and to
arrive at a compromise or settlement to a dispute in respect of—
• (i) any case pending before; or
• (ii) any matter which is falling within the jurisdiction of, and is not brought
before, any Court for which the Lok Adalat is organised:
 Provided that the Lok Adalat shall have no jurisdiction in respect of any case or
matter relating to an offence not compoundable.
 Nature/ features of Lok Adalat :
● It is supplementary to the judicial system and not a substitute thereof.
● Lok Adalat as an alternative mode of dispute settlement has come to be
accepted in India as a viable, economic, sufficient and informal one.
● Lok Adalats deliver informal, cheap and expeditious justice to the common man
by way of settling disputes,
• which are pending in courts
• and also those, which have not yet reached Courts
 by negotiations, conciliation and by adopting persuasive, common sense and
human approach to the problems of the disputants,
 with the assistance of specially trained and experienced members of a Team of
Conciliators.
● The Lok Adalat is not a Court. It may be taken as a para-judicial institution.
● The Lok Adalat has the power to specify its own procedure.
● A matter is referred to the Lok Adalat after giving a reasonable opportunity of
being heard to the other party.
● Every Lok Adalat acts with utmost expedition to arrive at a compromise or
settlement between the parties.
● None of the parties can be forced to compromise before the Lok Adalat if the
terms of settlement fail to convince them.
● The award of Lok Adalat is final and binding on the parties. The provision of
finality of award is a good provision to put an end to the litigation which is in the
interest of justice.
● IN CASE no award is made by the Lok Adalat on the ground that no compromise
or settlement could be arrived,
• the record of the case is returned by it to the court, from which the
reference has been received for disposal in accordance with law.
 parties shall be advised to seek remedy in the court.

 the court shall proceed to deal with such case from the stage which was
reached before such reference.
● Principles of natural justice :
 It is also an accepted fact that justice hurried is justice buried.
 Hence, in order to save the time it need not to follow the formal procedure
• but is bound to follow the principle of natural justice so that both the parties
to dispute get an opportunity of fair representation.
● Powers provided to Lok Adalat are sufficient to impart justice without
compromising on its quality.
● Finality of award :
 Award of Lok Adalat is given the status of a decree, its proceeding is deemed
to be judicial proceeding.
 It is given the status of civil court having all the power of summoning,
requisition, discovery and receiving of evidence on affidavit.
 Benefits of Lok Adalat :
● No Court Fee - There is no Court fee and if Court fee is already paid the amount
will be refunded if the dispute is settled at Lok Adalat according to the rules.
● Procedural Flexibility and Speedy trial - The basic features of Lok Adalat are the
procedural flexibility and speedy trial of the disputes. There is no strict
application of procedural laws like Civil Procedure Code and Evidence Act while
accessing the claim by Lok Adalat.
● Directly interaction with the Judge - The parties to the dispute can directly
interact with the Judge through their Counsel which is not possible in Regular
Courts of Law.
● Better understanding by legal + non-legal bench - As bench of Lok Adalat MAY
consist of members from legal AND non-legal background, it is in a better
position to understand the dispute of the parties and convincing them to arrive
at a settlement or compromise.
 Experience of members from legal background helps in understanding the fate
of the case in the eyes of law
 and experience of the members from non-legal background helps in
conciliation of parties to settle the dispute amicably before the Lok Adalat.
● Expeditious and inexpensive justice - Lok Adalat provides alternative resolution
or devise for expeditious and inexpensive justice.
 Lok Adalat saves not only time but also huge expenditure on judicial
proceedings in the current judicial system.
 It provides quick justice at nominal expenditure to both the parties.

 Relationship between Sec-12 & 20 :

● {Sec-12 Criteria for giving legal services, and Sec-20 Cognizance of cases by
Lok Adalats}
● In the case of State of West Bengal v. Union of India, the Hon’ble Supreme Court
clarified the relationship between sections 12 and section 20 of the Act as follows
:
 The power of the trial Court under sub-section (1) of Section 20 in making
reference of any particular case to a Lok Adalat operates independently of
Section 12 of the Act
 The power of the concerned Authority or the Committee under sub-section (2)
of Section 20 organising the Lok Adalat is controlled by the criteria prescribed
by Section 12.
 If parties to dispute refer matter to Lok Adalat,
• then they need not to fall in the category of people entitled for legal aid as
provided in the Act.
 If legal services authority refer a case to Lok Adalat,
• then parties associated with the dispute should only be those who are
entitled for free legal aid as per section 12 of the Act.
✔ 2. Permanent Lok Adalat :
 Legal Services Authorities (Amendment) Act, 2002 :
● The word Lok-Adalat means People's Court. Lok-Adalat is another alternative to
Judicial Justice.
● Compared to the Lok Adalat, the Permanent Lok Adalat has one additional
power, that of deciding the dispute on merit if parties fail to arrive at the
settlement or compromise.
● Permanent Lok-Adalat decides the dispute on merit, IN CASE ,
 parties fail to reach at an agreement
 AND the dispute does not relate to any offence.
● Permanent Lok-Adalat is Permanent in nature, and any party to a dispute may
make an application to the Permanent Lok-Adalat for settlement of the dispute
before the dispute is brought before any Court.
● Permanent Lok Adalat has jurisdiction in respect of one or more public utility
services as defined in Sec-22A(b) of the Legal services Authority Act 1987.
● Permanent Lok Adalat is one of the Component of ADR system.
● Legal Services Authorities (Amendment) Act, 2002 makes provisions in relation
to the establishment, powers and functions of the Permanent Lok Adalat.

 What is “Public Utility Service” ?

● According to Sec-22A(b), “Public Utility Service” means and includes :
 Transport service for the carriage of passengers or goods by air, road or water;
or postal, telegraph or telephone service; or
 Supply of power, light or water to the public by any establishment; or
 System of public conservancy or sanitation; or service in hospital or
dispensary; or Insurance service
 Any service which the Central Government or the State Government, as the
case may be, may, in the public interest, by notification, declare to be a public
utility service for the purposes of this chapter
 Need and objectives for Permanent Lok Adalats —
● There are many reasons for overburdening of Indian Courts.
 One reason is lack of personal interest of party in settlement of public utility
services disputes, which reach to the Indian Courts in large number.
● Officials involved in public utility services, hardly give any attention to settlement
of disputes quickly.
● So the need was felt for the establishment of the permanent alternate dispute
resolution mechanism especially for the settlement of public utility services
disputes.
● Major drawback in the scheme of Lok Adalats is that,
 the system of Lok Adalats is mainly based on compromise or settlement
between the parties. However,
 IF the parties do not arrive at any compromise or settlement,
• THEN the case is either returned to the court of law or the parties are
advised to seek remedy in a court of law.
• ie there is NO resolution of the dispute.
● This causes unnecessary delay in the dispensation of justice.
● This problem can be tackled to a great extent IF Lok Adalats are also given
power to decide the cases on merits,
 in case parties fails to arrive at any compromise or settlement.
● Further, the cases which arise in relation to public utility services (eg BSNL,
Electricity, etc) need to be settled urgently so that people get justice without
delay even at pre-litigation stage without having to go to the regular courts.
● In 2002, it was proposed to amend the Legal Services Authorities Act, 1987,
 to set up Permanent Lok Adalats,
 for providing compulsory pre-litigative mechanism for conciliation and

settlement of cases relating to public utility services.

● The main aim of Permanent Lok Adalat is to settle the public utility disputes
quickly and finally.
 Basis for Permanent Lok Adalat : Abul Hassan And National Legal vs Delhi Vidyut
Board & Ors - AIR 1999 Delhi 88 :
● The petitioner filed a writ petition before Delhi High Court for restoration of
electricity at his premises, which was disconnected by the Delhi Vidyut Board
(DVB) on account of non-payment of Bill.
● Court Held : His lordship Hon'ble Mr. Justice Anil Dev Singh passed the order
giving directions for setting up of permanent Lok Adalats.
 Art-39A of the Constitution provides for equal justice and free legal aid.
 It is, therefore clear that the State has been ordained to secure a legal system,
which promotes justice on the basis of equal opportunity.
 The language of Article-39A is couched in mandatory terms. This is made more
than clear by the use of the twice-occurring word "shall" in Art-39 A.
 The legal system,
• should be able to deliver justice expeditiously on the basis of equal
opportunity
• and provide free legal aid to secure that opportunities for securing justice
are not denied to any citizens by reasons of economic or other disabilities.
 It was in this context that the parliament enacted the Legal Services Authority
Act-1987.
 The need of the hour is frantically beckoning for setting up Lok-Adalats on
permanent and continuous basis.
 What we do today will shape our tomorrow.
 Lok Adalat is between an ever-burdened Court System and alternative dispute
resolution machinery including an inexpensive and quick dispensation of
justice.
 The Lok Adalat and alternative dispute resolution experiment must succeed
otherwise the consequence for an over burdened court system would be
disastrous.
 The system needs to inhale the life giving oxygen of justice.
● Above Delhi HC decision triggered establishment of Permanent Lok Adalats
across the nation.
 Establishment of Permanent Lok Adalats — Sec-22B(1) :
● Notwithstanding anything contained in section 19 (Organisation of Lok Adalats),

 the Central Authority (NALSA) or every State Authority shall,

 by notification, establish Permanent Lok Adalats
 at such places
 and for exercising such jurisdiction in respect of one or more public utility
services
 and for such areas as may be specified in the notification.
 Composition of Permanent Lok Adalats — Sec-22B(2) :
● Every Permanent Lok Adalat established for an area notified under Sec-22B(1)
shall consist of—
 (a) a person who is, or has been,
• a district judge or additional district judge or has held judicial office higher
in rank than that of a district judge,
• shall be the Chairman of the Permanent Lok Adalat;
 and (b) two other persons having adequate experience in public utility service
to be nominated by the Central/ State Government
● and the other terms and conditions of the appointment of the Chairman and
other persons shall be such as may be prescribed by the Central Government.
 Scope and Jurisdiction : Sec-22C(1) :
● Any party to a dispute may, before the dispute is brought before any court, can
make an application to the Permanent Lok Adalat for the settlement of dispute.
● It does not have jurisdiction in respect of any matter relating to an offence not
compoundable under any law.
● It also has no jurisdiction in the matter where the value of the property in
dispute exceeds ten lakh rupees.
● The Central Government, may, by notification, increase the limit of ten lakh
rupees specified in the second proviso in consultation with the Central Authority.
 Procedure : Sec-22C :
● (2) After an application is made to the Permanent Lok Adalat,
 no party shall invoke jurisdiction of any court in the same dispute.
● (3) Where an application is made to a Permanent Lok Adalat it—
 (a) shall direct each party to the application to file before it a written
statement, stating therein
• the facts and nature of dispute under the application,
• points or issues in such dispute
• and grounds relied in support of, or in opposition to, such points or issues,

as the case may be,

• and such party may supplement such statement with any document and
other evidence which such party deems appropriate
 (b) may require any party to the application to file additional statement before
it at any stage of the conciliation proceedings;
 (c) shall communicate any document or statement received by it to all the
other parties, to enable such other party to present reply thereto.
● (4) When statement, additional statement and reply, if any, have been filed, it
shall conduct conciliation proceedings between the parties to the application
● (5) The Permanent Lok Adalat shall assist the parties in their attempt to reach
an amicable settlement of the dispute in an independent and impartial manner.
● (6) It shall be the duty of the every party
 to cooperate in good faith with the Permanent Lok Adalat in conciliation of the
dispute
 and to comply with the directions of the Permanent Lok Adalat to produce
evidence and other related documents.
● (7) Settlement and award :
 When a Permanent Lok Adalat is of opinion that there exist elements of
settlement which may be acceptable to the parties,
• it may formulate the terms of a possible settlement of the dispute
• and give to the parties concerned for their observations
• and in case the parties reach at an agreement on the settlement of the
dispute,
• they shall sign the settlement agreement
• and the Permanent Lok Adalat shall pass an award in terms thereof and
furnish a copy of the same to each of the parties concerned.
● (8) Where the parties fail to reach at an agreement/ settlement, the
Permanent Lok Adalat shall,
 if the dispute does not relate to any offence, decide the dispute.
 Informal nature of procedure : Sec-22D :
● The Permanent Lok Adalat shall, while conducting conciliation proceedings or
deciding a dispute on merit
 be guided by the principles of natural justice, objectivity, fair play, equity and
other principles of justice,
 and shall not be bound by,
• the Code of Civil Procedure, 1908

• and the Indian Evidence Act, 1872 (1 of 1872).

 Finality of award : Sec-22E :
● Every award of the Permanent Lok Adalat is final and binding.
 It shall not be called in question in any original suit, application or execution
proceeding.
● It is deemed to be a decree of a civil court.
● It is always by a majority of the persons constituting the Permanent Lok Adalat.
● The Permanent Lok Adalat may transmit any award made by it to a civil court
having local jurisdiction as if it were a decree made by that court.
 Benefits of Permanent Lok Adalat :
● Appointment of members from the legal and non-legal background make the
board of adjudicators more efficient for understanding the disputes of parties
and settling their disputes quickly and amicably.
● Permanent Lok Adalat has conciliatory as well as adjudicatory power but there
are enough provisions under the Act to put the check of the arbitrary exercise of
power.
● To save the time in settlement of disputes it need not to follow the formal
procedure but it is bound to follow the principle of natural justice.
● If the arbitrary act or misconduct is proved on the part of the board of
settlement, then they can be removed from the board and the award passed by
such persons will not enjoy the status of finality.
 Therefore, it can be said that the establishment of the Permanent Lok Adalat is
a very useful mechanism for settlement of the public utility services disputes
amicably and quickly.
✔ Difference Between Lok Adalat and Permanent Lok Adalat :
Permanent Lok Adalat Lok Adalat

1 Permanent Lok-Adalat is Lok-Adalat is temporary in nature.
Permanent in nature.
2 Any Party to a dispute may make Any party and Legal Service Authority
an application to the Permanent may also refer the dispute to Lok Adalat.
Lok-Adalat for settlement of the
dispute.
3 Permanent Adalat has jurisdiction A Lok-Adalat has Jurisdiction to settle
in respect of one or more public ➔ Any case pending before ; or Any
utility services as defined in Legal matter which is falling within its
Services Authority Act. Jurisdiction

Permanent Lok Adalat Lok Adalat

➔ Lok Adalat has no Jurisdiction in
respect an offence which is not
compoundable.
4 Jurisdiction of Permanent Lok In case of the Lok Adalat there is no such

Adalat is limited to the matter limitation.
where the value of the Property in
dispute does not exceed ten lakh
rupees.
✔ Conclusion :
 The Legal Services Authorities Act has provided sufficient powers to its officers
engaged in the implementation of provisions of this Act.
 They have been given the status of the public servant and the immunity from
action for any thing done in good faith has been provided.
 It can be said that this Act is a golden gift for the general public as on one hand it
provides free legal aid to needy people and promoted speedy disposal of disputes
● on the other hand it also helps the judiciary by reducing its workload.
➔ Discuss : Rule making powers of State and Central Government under the Act.
ANSWER :
✔ Refer :
 <work on this>

➔ Discuss : Regulation making powers of various authorities under the Act.

ANSWER :
✔ Refer :
 <work on this>


Module-3 :
3) Para-legal Services and Clinical Training :
3.1) Para-legal Services: Meaning, object and importance
3.2) Spreading Legal Awareness through Legal Literacy Camps
3.2.1) Legal Literacy Camps by the authorities under the Act
3.2.2) Legal Literacy Camps by law students in association with
Authorieies/NGOs
3.3) Legal Aid Camps
3.3.1) For weaker section of the society for strengthening their rights
3.3.2) For women empowerment
3.3.3) For preventing Child Labour
3.4) Legal Aid Clinics : Object and Services
3.4.1) Permanent Legal Aid Clinic and its services : Counseling, Prelitigation
solution through different cells like Pension Cell, SC/ST Cell, Women
Cell etc., Providing para-legal training to law students and assigning
clinical work to law students
3.5) Involvement of NGOs in providing Free Legal Services
3.6) Role of Law Students in securing Free Legal Aid and Advise
3.7) Para-legal Training by law students, its application and importance
➔ Discuss : Meaning, object and importance of Para-legal Services .

➔ Explain in detail the concept and provisions of legal literacy and legal aid camps with
case laws. (Mar-2015)
✔ Explain in detail : Legal literacy and legal aid camps and its advantages. (Apr-2016,
Apr-2017)
✔ Discuss : Legal Literacy Camps by (i) authorities under the Act, and by (ii)
law students in association with Authorieies/ NGOs.
✔ Discuss : Legal Aid Camps for weaker section of the society for strengthening
their rights
✔ Discuss : Legal Aid Camps for women empowerment. (Apr-2014)
✔ Discuss : Legal Aid Camps for preventing Child Labour.

✔ Explain : Legal Literacy and Legal Aid Camp. (Apr-2014)

➔ Explain in detail the concept of permanent legal aid clinic and its services with
✔ Discuss, in reference to Permanent Legal Aid Clinic : (i) Counseling, Pre-litigation
solution through different cells like Pension Cell, SC/ST Cell, Women Cell etc,
(ii) Providing para-legal training to law students and assigning clinical work
to law students.
✔ Explain in detail regarding permanent legal aid clinic and its services and state the
role of law students in securing free legal services. (Apr-2016)
✔ Explain : Permanent Legal Aid Clinic and its services. (Apr-2014)
➔ Discuss : Involvement of NGOs in providing Free Legal Services .
➔ Explain : Role of law students in securing Free Legal Services. (Apr-2014, Apr-
2017)
✔ Discuss : Role of law students in Para-legal Training.
MODULE-3 ANSWERS :
➔ Discuss : Meaning, object and importance of Para-legal Services.

ANSWER :
✔ Refer :
 http://www.undp.org/content/dam/india/docs/DG/needs-assessment-study-of-
selected-legal-services-authorities.pdf

✔ Intro :
 Under LSA 1987 paralegals are expected to be the bridge between the community
and the LSAs.
✔ Paralegal Scheme :
 It is a scheme for building up a group of volunteers from among the rural people to
act as intermediates between the common people and legal services institutions at
Central, State, District and Taluka levels.
 Paralegals are selected by the Sarpanch and the DLSA. The NALSA guidelines are
kept in mind in making this selection.

 The paralegals are trained by lawyers who in turn were trained by the Judicial
Academy.
 Paralegals assist the DLSA in organising legal awareness camps and Lok Adalat.
 They sit in the Legal Aid clinic in their respective villages.
 Work is assigned to the paralegals on the basis of their performance and by
rotation.
✔ Need for Paralegals :
 Inspite of more than 2 decades since LSA 1987, the general populace is largely
them.
 An effective publicity campaign involving mass media (especially radio and TV)
should be launched to make people aware of the LSAs.
 A strong base of paralegals should be developed all over the country to act as a
bridge between the people and Legal Services Authorities.
 They should help those in need “to approach the concerned authorities such as the
Police and the District Administration by helping them write applications, filing
forms and providing relevant information which may be necessary for asserting any
right.
 The target group to be trained as paralegals would include,
● people at the grass-root level such as anganwari workers, basic teachers,
primary health workers, panchayat members, etc.
 Under NALSA’s Project of Paralegal Volunteers (PLVs), the PLVs are expected to act
as intermediaries between the common people and Legal Services institutions and
thereby remove barriers of access to justice.
✔ Duties of paralegals :
 Educate people, especially those belonging to weaker sections of society, on “the
right to live with human dignity”
 Make people aware of the nature of their disputes/issues/problems and inform
them that they can approach the LSAs for resolution of disputes
 Inform the TLSC (Taluka LS Committee) of “transgressions of law or acts of
injustice in their area of operation”
 Assist the DLSA/TLSC in organizing legal awareness camps in their area of
operation
 Give information on the legal services activities of the LSAs and assist people to
utilize them.
✔ Types of paralegals :

 Community Paralegals are trained in fundamental rights, governance structures,

the rights of the vulnerable (women, children, Dalits, tribals, people with
disabilities, people living with HIV/ AIDS), criminal law processes, food rights, RTI,
redress mechanisms, etc.
 Student Paralegals are chosen from among college students willing to work for
society. They are trained by the Member Secretary and SLSA lawyers for two days.
 Jail Inmates Paralegals are selected from among jail inmates. They are to be
identified on two criteria (i) those who are expected to remain in the jail for a long
time, and (ii) their willingness to provide help to jail inmates on legal issues. They
are trained by the Member Secretary and other SLSA officials.
✔ Selection and training of paralegals : Paralegal training should include the following :
 Understanding the role and requirements of paralegal volunteers (NALSA vision of
paralegals; Do’s and Don’ts for paralegals)
 Standard operating procedures (documenting cases, client briefings, maintaining
client confidentiality and proactive intervention in necessary cases)
 Common problems faced by paralegals and how to deal with them
 Key provisions of rights of marginalised sections, particularly those mentioned in
Section 12 of the LSA Act
 Basic governance structures and redress mechanisms
✔ Paralegal training : Paralegal training should include the following :
 Understanding the role and requirements of paralegal volunteers (NALSA vision of
paralegals; Do’s and Don’ts for paralegals)
 Standard operating procedures (documenting cases, client briefings, maintaining
client confidentiality, proactive intervention in necessary cases)
 Common problems faced by paralegals and how to deal with them
 Key provisions of rights of marginalised sections, particularly those mentioned in
Section 12 of the LSA Act
 Basic governance structures and redress mechanisms
✔ Conclusion :
 A comprehensive paralegal manual/handbook should be developed.
 In preparation of this, inputs should be taken from those with experience in the
matter of paralegals e.g. NGOs, academics, paralegals themselves.
 NALSA’s Vision Document of 2010, envisages paralegals as playing a key role in
removing barriers to justice.
● However, ground reality is that,
 many paralegals are not clear on what their role is, and have received no

training.
 There is no training module for paralegals with a clear articulation of the role
of paralegals, their code of conduct, do’s and don’ts.
 There is confusion among paralegals on remuneration. Some believe they will
get nothing, while some are expecting Rs. 7,500 per month.

GO TO CONTENTS.
➔ Explain in detail the concept and provisions of legal literacy and legal aid camps with
✔ Explain in detail : Legal literacy and legal aid camps and its advantages. (Apr-2016,
Apr-2017)
✔ Discuss : Legal Literacy Camps by (i) authorities under the Act, and by (ii)
law students in association with Authorieies/ NGOs.
✔ Discuss : Legal Aid Camps for weaker section of the society for strengthening
their rights
✔ Discuss : Legal Aid Camps for women empowerment. (Apr-2014)
✔ Discuss : Legal Aid Camps for preventing Child Labour.
✔ Explain : Legal Literacy and Legal Aid Camp. (Apr-2014)
ANSWER :
✔ Refer :
 http://www.undp.org/content/dam/india/docs/DG/needs-assessment-study-of-
selected-legal-services-authorities.pdf

✔ Intro
 Legal literacy is commonly understood as knowing the primary level in law.
 When citizens particularly marginalized or underprivileged groups, know what the
law has to offer them, they can recognise and challenge injustices much more
forcefully.
 The first step towards that knowledge of the law, which can transform people's
lives, is legal literacy.
 Inspite of more than 2 decades since LSA 1987, the general populace is largely

them.
 “Legal awareness programme” or “Legal literacy camps” is a scheme of NALSA in
promotion of aims and objectives of the LSA 1987.
✔ Student Literacy Mission :
 The Student Literacy Mission seeks to involve students in spreading legal
awareness.
 Under this scheme 1,544 student clubs have been established in Government
Senior Secondary Schools, 75 Government Colleges and 96 Government Aided
Colleges.
 In these clubs, the students are made aware of the legal rights and duties of
citizens.
 Under this scheme, senior students are chosen by teachers and they participate in
legal awareness competitions.
✔ Legal literacy/awareness Camps :
 Legal awareness camps should be carefully designed keeping in mind the
following :
● Topics for the legal awareness camp should be decided in consultation with the
local community.
● The timings should be reasonable and at the convenience of the participants
rather than the resource persons.
● Sessions should be structured systematically. Packing in too much information in
too short a time leads to confusion rather than awareness.
● Resource persons should be encouraged to use films, role plays and other
interactive methods rather than only lectures.
● A pool of suitable resource persons should be developed.
● Resource persons should be selected on the basis of their knowledge of the
subject as well as communication skills.
● Legal literacy materials on the issue should be invariably distributed among the
participants for future reference.
● Feedback should be taken from the participants at each legal awareness camp.
 Particular emphasis may be given on awareness on following laws :
● 1. Maintenance and Welfare of Parents and Senior Citizens Act, 2007
● 2. Gram Nyayalaya Act, 2008
● 3. Protection of Women from Domestic Violence Act, 2005
● 4. Persons with Disabilities (Equal Protection of Rights and Full Participation) Act,
1995

● 5. The National Trust for the Welfare of Persons with Autism, Cerebral Palsy,
Mental Retardation and Multiple Disabilities Act, 1999
● 6. Laws relating to Marriage
● 7. Labour Laws
● 8. Environmental Protection Laws
● 9. Campaign against Female Infanticide
● 10. Campaign against Human Trafficking
 Ground reality :
● Legal awareness camps are being held, but not in conformity with the guidelines
in NALSA’s vision document.
● Topics, dates and timings are decided without direct consultation with the target
community.
● Sessions are not structured systematically and often too much is packed in too
short a time.
● The sessions are always in lecture mode with little scope for interaction except
questions at the end of the session.
● No feedback is taken from the participant.
● Resource persons are usually judicial officers and panel lawyers who do not
receive any particular training to be resource persons.
● The general population is unaware of the LSAs.
 Nearly all the women from economically weaker sections who were interviewed
had no idea about the function of LSAs and how they could approach them for
help.
 Most of them had not even heard about the LSAs.
➔ Explain in detail the concept of permanent legal aid clinic and its services with
✔ Discuss, in reference to Permanent Legal Aid Clinic : (i) Counseling, Pre-litigation
solution through different cells like Pension Cell, SC/ST Cell, Women Cell etc,
(ii) Providing para-legal training to law students and assigning clinical work
to law students.
✔ Explain : Permanent Legal Aid Clinic and its services. (Apr-2014)

ANSWER :
✔ Refer :

✔
✔ NALSA Action Plan : NALSA circulated a plan of action 2009-2010 in which it has
envisaged a role for Legal Aid Clinics. The following are the points from that action
plan :
 1. Establishing Legal Aid Clinics in all Gram Panchayats (similar to primary health
centres) by engaging competent lawyers as legal consultants in the clinics. Give
wide publicity about the clinics with the help of local Self-Government Institutions.
 2. Setting up Legal Aid Clinics in all Law Colleges and Law Universities and to
encourage students to adopt remote village areas as their area of operation.
✔ 1. Legal Aid Clinic in Gram Panchayats (similar to primary health centres) by engaging
competent lawyers as legal consultants in the clinics.
 Ignorance of what to do when faced with law-related situations is a common
problem for dis-empowered people.
 Legal aid clinics work on the lines of primary health centres, where assistance is
given for simple ailments and other minor medical requirements of village
residents.
 Legal aid clinics assist in drafting simple notices, filling up forms to avail benefits
under governmental schemes and by giving initial advice on simple problems.
 Legal Aid Clinics are given wide publicity with the help of local Self-Government
Institutions.
✔ 2. Setting up Legal Aid Clinics in all Law Colleges and Law Universities and to
encourage students to adopt remote village areas as their area of operation. For this
purpose, the following strategies may be adopted :
 a) The students may be divided into small groups and deputed to the adopted
villages
 b) In urban areas, colonies and slum areas where economically and socially
backward people reside may be chosen for setting up Legal Aid Clinics
 c) A team of senior Professors/Lecturers including part-time Lecturers should guide
Law students.
 d) Rapport between the students and the people of the adopted area should be
maintained throughout the year.
 e) Law students shall identify the problems, which require Legal Aid. They shall
discuss the problem with the teacher-in —charge and if it warrants further free
legal services, the matter should be brought before the Legal Services

Authorities/Committees concerned.
 f) The students shall be encouraged to organize legal awareness classes for small
groups of people (4 or 5 houses together or 10 to 12 people). It should be more in
the form of informal gatherings.
 g) The students should aim at preventive and strategic legal aid.
 h) In appropriate cases, senior students and post-graduate students who have
already enrolled as lawyers may be entrusted with the filing and conducting of the
litigation in the Courts free of cost.
 i) No fee shall be collected from the beneficiaries of legal aid clinic.
✔ Advantages of legal aid clinics : By virtue of legal aid clinics, students as well as
public will be benefited.
 a) As far as students are concerned,
● they will get practical experience in the matter of dealing with clients i.e.
interview method, by which they will get rich experience to trace out the facts of
the case in detail.
● they will get exposure in the public before they started the practice.
● the gap between the curriculum and real practice can be reduced.
● students while they study the subjects can understand by applying the practical
problems when they come across in their legal aid cells.
 b) As far as general public is concerned,
● this legal aid cell system can make into reality one of the main objects of
National Legal Services Authority i.e. legal awareness.
● In fact poor people can't afford to approach professional advocates to enquire
about their rights.
● Most of the innocent and poor people were affected and suffered in person and
property being ignorant of their rights.
● By the establishment of Legal Aid Cells by Law Colleges in rural areas most of
the people will be benefited.
● Particularly Legal awareness programmes with regard to laws like
 Right to Information Act, Consumer Protection Act,
 latest amendments in existing laws,
 Social welfare schemes like National Rural Employment Guarantee Schemes,
some other special schemes in their particular states will prove most beneficial
to the general public.
✔

➔ Discuss : Involvement of NGOs in providing Free Legal Services.

ANSWER :
✔ Refer :

➔ Explain : Role of law students in securing Free Legal Services. (Apr-2014, Apr-
2017)
✔ Discuss : Role of law students in Para-legal Training.
ANSWER :
✔ Refer :
 https://www.lawctopus.com/academike/legal-aid-and-legal-schools/
 http://www.undp.org/content/dam/india/docs/a_study_of_law_school_based_legal
_services_clinics.pdf


✔ Intro :
 The concept of legal aid has been recognized as being of fundamental importance
by the Indian judiciary. The right to legal aid has been espoused as a basic right.
 Article 39 A of the Constitution of India says that,
● the State shall secure that the legal system promotes justice on a basis of equal
opportunity, and shall provide free legal aid, in any way, to ensure that every
individual is provided justice irrespective of the economic or social differences.
 Articles 14 and 22(1) also make it obligatory for the State to ensure equality before
law and a legal system which gives justice to all its subjects.
 Legal aid strives to ensure that constitutional pledge is fulfilled in its letter and
spirit and equal justice is made available to the poor, downtrodden and weaker
sections of the society.
 In 1987, Legal Services Authority Act was enacted so that the concept of legal aid
cells gain a statutory base and uniformity. Being not so perfect, this act was finally
enforced in 1995.

✔ Role Of Legal Schools :

 Legal schools are the major colleges where undergraduate law courses are offered.
 These institutions are an exception in the field of education. They make the law
makers and counselors for the country; they make lawyers for the country, for the
successful application of the law in the country.
 Legal schools have the duty of spreading legal awareness all around the country.
Creating bodies, finding out the ones in need and helping them by providing them
legal advice, funds and guiding them are the major tasks of these legal aid cells in
legal school.
● The obligation is best accomplished by the legal aid clinics of the law schools by
assisting low-income individuals and communities that are unaware or have
particular difficulty obtaining lawyers because of the nature of their legal
problems.
 The Bar Council of India has made the study of legal aid an important and
compulsory subject in the academic topics of the law schools in India. However, this
measure has not been implemented to a satisfactory level of performance even
after more than 15 years of the introduction of the rule.
 The law schools can be of a great help to the society.
● Being students, they will gain experience and they will have all resources like
time and a nominal amount of money to invest in doing good deeds like this.
● Setting up seminars, going to the masses, visiting the jails and doing other
activities can help to bring a change in the society.
✔ Role of BCI :
 BCI is the primary controlling body of legal education in India.
 In the year 2008, the BCI issued rules on “Standards of Legal Education and
Recognition of Degrees in Law” which prescribe Legal Aid Clinic as a mandatory
requirement for recognition of the Law Colleges.
✔ Role of students :
 Law Students shall identify the problems which require Legal Aid.
 They shall discuss the problem with the teacher-in-charge and if it warrants further
free legal services, the matter should be brought before the Legal Services
Authorities/Committees concerned.
 The students should aim at preventive and strategic legal aid.
 In appropriate cases, senior students and postgraduate
 students who have already enrolled as lawyers, may be
 entrusted with the filing and conducting of the litigation in the

 Courts free of cost.

 •
 No fee shall be collected from the beneficiaries of legal
 aid clinic.
*** End-of-Compilation ***

Source : Public domain print/ internet contents.
URLs of some such resources are listed herein above.
Credits/ copyrights duly acknowledged.
Suggested Readings :
➔ Prof. Kailash Rai, Public Interest Lawyering Legal - Aid and Para – Legal Services, Central
Law Publication
➔ Dr. N. V. Paranjape, Public Interest Litigation, Legal Aid & Services, Lok Adalats & Para-
Legal Services, Central Law Agency
➔ Dr. S. S. Sharma, Legal Services, Public Interest Litigation and Para-legal Services,
Central Law Agency
➔ Dr. S. R. Myneni, Public Interest Lawyering, Legal Aid and Para Legal Services, Asia Law
House
➔ Mamta Rao, Public Interest Litigation (Legal Aid and Lok Adalats), Eastern Book
Company
➔ Ajay Gulati, Public Interest Lawyering, Legal - Aid and Para - Legal Services, Central Law
Publication
➔ Sarfaraz Ahmed Khan, Lokadalat : an effective alternative dispute resolution
mechanism, A.P.H. Pub. House, New Delhi
➔ Roma Mukerjii, Women, Law and Free Legal Aid in India, Regal Publication, New Delhi
(Deep & Deep Publication)
➔ Bare Act: Legal Services Authorities Act (with Amendments of 2002)

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धरर्मो रक्षतति रतक्षतितः https://www.facebook.com/groups/Law.

➔ Stay connected using facebook.

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➔ Refer : Bare acts are a good source, in any subject of law :

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Module-1 Provisions under the Constitutional and Procedural Laws to 3

Module-2 Legal Services Authorities Act, 1987 20

Module-3 Para-legal Services and Clinical Training 57

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➔ What is “Free Legal Aid”?

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➔ What is “Free Legal Aid”?

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● 1978 : In M.H. Hoskot v. State of Maharashtra, Supreme Court Justice Krishna

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to him by the State, and

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 the prima facie test and

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means to engage a pleader,

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considering the question whether or not the applicant is an indigent person.

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to set up such claim as an indigent person,

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● Legal Aid Clinics

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✔ Finance, accounts and audit :

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negotiations, arbitration and conciliation.

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• to provide meaningful legal assistance to under-trial prisoners who, on

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in a concerted manner to achieve the shared broader objectives and common

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Chief Justice of the High Court.

314 Legal Aid & Para-Legal Services

314 Legal Aid & Para-Legal Services