A.D.R.

EXTRAS

Introduction
Authorities Act, 1987, enacted by the Central Government of India
was
The Legal Services
the Constitution of India and the recommendations of its
pursuant to Article 39-A of
committees. The Legal Services Authority Act,
of 1987 came into effect on 9th November
which introduced several amendments to the
1995, following the Amendment Act of 1994,
the backward and the disabled are
main Act. According to this Act, the economically weak,
introduced the legal aid scheme,
eligible to receive legal aid. In 1971, Justice P.N.Bhagawati
which was overseen by the Legal Aid Committee. On 5th December 1995, the National Legal
Services Authority was established by Justice R.N. Mishra, which was an important

contribution to the implementation of the Act.

There are different levels of legal aid, including provisions for, legal assistance to illiterate,
individuals who are unable to access the courts due to their
poor, and physically challenged
who qualifies for legal aid
ignorance of the law or financial limitations. Anyone
under Section 12 of the Act, may obtain legal assistance under the Act. The National Legal
law came into force. As
Service Day (NLSD) was declared on November 9, 2009, the day the
stated under the Act, the legal aid is to be provided by the State, District, and Taluk Legal
order to bring about a re-
Service Authorities/Commissions formed throughout the country in
individuals. Through its
dedication to ensure equality of opportunity and fairness to all
and justice for all
various forms of legal assistance, the NLSD promotes equal opportunity
citizens.

The Act envisions that no one will be denied access to justice because
of disability or
economic reasons, and aims to educate the public about the law, offer free legal aid, and
establish Lok Adalats. As a result of the creation of Lok Adalats, the process of dispensing
number of pending cases
justice has been revolutionized in the country. There remains a large
in the courts of the country. A number of measures have already been taken by the
to reduce the number of pending cases. In addition to providing supplementary
a
government
forum for conciliatory settlements, the plan achieved success in providing an additional
forum for litigants.

Analysis of the Legal Services Authority Act, 1987

The Act provides many types of legal services to the general public:

Free legal awareness

This Act is primarily intended for the public to make them aware of laws and schemes issued
by public authorities. The Legal Service Authority teaches some portions of the rules of law
to the individuals. Legal camps and legal aid centres are organized by authorities so that the
general public can seek advice from the legal aid centres located near their hames or places of
work. The legal guides and centers can help address the grievances of ørdinary people as
well.
Free legal aid counsel

A person who wants to defend or file a case in a court of law but docs not have the means to
hire an advocate can seek the assistance of a free legal aid attorney. The Act states that free
legal aid counsel is available, and the Council is responsible for assisting needy individuals to
obtain justice. By adopting and establishing this philosophy, the Indian Courts should be
freed from the burden of adjudicating the cases.

A Lok Adalat was held for the first time in Gujarat on 14th March 1982 and succeeded in
resolving many disputes pertaining to labour disputes, family disputes, and bank recoveries.
Lok Adalats are the primary method by which the legal services authorities decide disputes
Our Indian courts have a huge backlog of cases, and it takes an extremely long time to
resolve disputes under judicial supervision.

Lok Adalat was, thus, seen as an Alternative Dispute Redressal (ADR) mechanism that was
reliable, efficient, and friendly in resolving disputes. Lok Adalats can be constituted by the
legal services authorities at such spans and locations to exercise the authority of their
jurisdiction in such areas as they think fit. There is a mix of lawyers and non-lawyers on the
Lok Adalat bench in order for it to possess a superior understanding of the dispute and
convince both parties to reach a mutually agreeable compromise.

Objectives of Legal Services Authority Act

Under Article 39A of the Constitution of India, free legal aid and equal justice are provided
to all citizens by appropriate legislation, schemes or other means to ensure that no citizen is
denied access to justice on the basis of economic disadvantage or in any other way. The
Legal Services Authorities Act, 1987 was enacted as a consequence of this constitutional
provision with the primary objective of providing free and competent legal services to the
weaker sections of society in the country.

Structural Organization under Legal Services Authority Act

As a result of the Legal Services Act, a National Legal Services Authority (NALSA) was
established as the apex body for regulating the legal aid provisions. State Legal Services
Authority (SALSA) handles the implementation of NALSA's powers at thestatelevel, which
delegates further to a number of organizations. NALS is considered to be an alliance
between the State, Social Action Groups, individuals, and non-profit organizations that have
their presence from the grassroots level to the state level.

NALSA

In response to Section 4 of the Act, NALSA has been established to provide free legal aid to
all citizens of the country. The body has been established by the government. It is headed by
the Chief Justice of India, patron-in-chiet. The executive chairman of the organisation is a
retired or
serving judge of the Supreme Court of India. The nominees are selected the
presidcnt aftcr consultation with the Chicf Justicc of India. An by
as the advisory
Supreme Court Legal Services Committce is formed the central
committee referred to
significant objcctivc of the NALSA is to cnsurc that justicc isby authority. A
citizens, regardless of cconomic or other factors. The main cqually distributed among
following: responsibilities of NALSA are the

Through legal aid camps, the organization promotes legal aid in slums, rural and
labour colonies, as well as disadvantaged areas. It plays an important role in
providing education about the rights and needs of the people who live in such
areas. Lok Adalats are also formed by the authority to settle disputes between
these people.
Amongst other things, it is primarily concerned with providing legal services
through clinics in law colleges, universities, etc.
Arbitration, mediation, and conciliation are all methods that are used by these
organizations to settle disputes.
The organisation provides grant aid to institutions that provide social services at
the grassroots level to marginalised communities from various
parts of the country.
Research activities are also conducted to improve legal services for the poor.
Ensures that citizens commit to the fundamental duties they have been entrusted
with.
As part of the proper implementation of the schemes and programmes, they tend to
cvaluate the cffectiveness of thc actions taken for the legal aid problems at specifíc
intervals so that the correct functions are being performed.
Through the policy and scheme they laid down, the body ensures that the legal
services could be made available to the general public. Through these schemes, the
body is able to provide the most economical and effective legal services
Financial matters are handled by this body, and the funds allocated by it are
allocated to respective district and state legal services authorities.

In NALSA v. Union of India (2014) the National Legal Services Authority of India (NALSA)
filed this case to recognize those who are outside the binary gender distinction, including
individuals who identify as "third gender". There was a question that the Court had to address
regarding the recognition of people who do not fit into the male/female binary as "third
gender" individuals. During the discussion, the panel deliberated whether ignoring non-
binary gender identities constitutes an infringement of Indian Constitutional rights. For
developing its judgment, the panel referred to an "Expert Committee on Transgender Issues"
established under the Ministry of Social Justice and Empowerment.

There is no doubt that this was a landmark decision because the Supreme Court of India
recognised the identity of third gender' and transgender persons for the first time. In its
judgment, the Court recognized that third-gender individuals had fundamental rights under
the Constitution and the International Covenant. As a result, the government of the state was
directed to develop mechanisms for the realization of the rights of "third gender"/ransgender
individuals.

According to the Court, the concept of 'dignity' under Article 21 of the Constitution includes
all forms of self-expression, which permits a person to live a dignified life. The rights to
dignity under Article 21 include the right to gender identity.

The Apex Court stated that Article 14 and Article 19()(a) were framed in gender-neutral
terms, and thus, the right to equality and freedom of expression would extend to transgender
persons also. Transgender persons all over society are subject to "extreme discrimination"
which is a violation of their right to equality, which is illustrated by the fact that they are
treated as second-class citizens. Furthermore, under the freedom of expression, it was
indicated by the Court that the right to express one's gender was included by dressing,
speaking, acting, or acting in a manner consistent with their gender identity.

Thus, Articles 14, 15, 16, 19(1)Ma) and 21 of the Constitution confer fundamental rights on
transgender individuals. The Court also relied on the Yogyakarta Principles and core
international human rights treaties while recognizing the human rights of transgender people.
To reduce the stigma against transgender communities, public awareness programs were held

tobe necessary by the Court.

State Legal Services Authority

Each state has a legal service authority, which provides free legal advice to those who cannot
afford it. This is covered under Section 6 of the Act. They provide preventative and strategic
assistance programs. Lok Adalat sessions are also conducted by the authorities to assist
legal
clients. Among their main duties is to implement the policies and schemes as directed by
NALSA. The respective High Court's chief justices serve as patrons-in-chiefi. These bodies
are supervised by an executive chairman who is a retired or serving judge. A high court legal
service committee is usually formed by the state authority. This body is headed by a sitting
High Court judge, who is the chairman and is administered by the Chief Justice of the
respective High Court.

Legal Aid under Legal Services Authority Act, 1987

In 1971, Justice P.N. Bhagwati formed the Legal Aid Committee Legal Aid
to introduce the
scheme. In his opinion, the legal aid system is aimed at making the missionary of
administration of justice easily available to the people able to enforce their legal rights. The
poor and the illiterate will be able to approach the courts and as a result, they will get justice
faster from the courts.

Poor and illiterate people should have access to legal aid. An individual does not have to be a
in order to obtain legal aid. According to Article 39A of the Indian Constitution, it is
litigant
the duty of the State to ensure that the legal system operates on the basis of equality and that
in particular, it must ensure the provision of free legal aid to ensure that citizens of every
economic category have access to justice. Furthermore, Articles 14 and 22(1) make
 mandatory for the State to ensurc equality under the law and a legal system that promotes
justice from an cqual opportunity standpoint. It is thc aim of legal aid to cnsure that the law is
enforced in its letter and spirit, and equally just treatment is provided to the weakcst, poorest,
and most downtrodden sections of socicty.

The concept of legal aid can be traced back to the year 1851 when in
France, enactments were passed to provide legal assistance to those in need. As far back as
1944, England and Wales had also supported the provision of legal advice to the poor and
needy as part of its organized efforts to provide legal services to the poor. The Rushcliffe
Committee was appointed by the Lord Chancellor, Viscount Simon, to look into the current
facilities available to provide legal advice to the poor and to recommend any measures that
appear relevant to ensuring that the needs of these individuals are met. As per the Act, the
Supreme Court Legal Services Committe, the High Court Lcgal Services Committee, the
State Legal Services Authority, the District Legal Services Authority, and the Taluk Legal
Services Committee have been entrusted with the responsibility of organizing all Lok-Adalats
in India.

Eligibility criteria for free legal aid

There was even an item on the committee's (headed by Justice PN Bhagwati) agenda on the
eligibility criteria for the people to qualify for free legal aid, which has been also mentioned
in the Code of Criminal Procedure, 1973 under Section 304 to provide free and competent
legal assistance to a marginalised member of the society at the expense of the state.
As
established in Hussainara Khatoon v. State of Bihar (1979), legal aid will be provided at the
expense and cost of the state to marginalised groups within society, and the state is required
to make such assistance available to the accused.

In a similar vein, the Supreme Court has also ruled in Suk Das v. Union Territory of
Arunachal Pradesh (1986) that an accused who cannot afford legal aid may have his or her
conviction set aside on socio-economic grounds.

The following are the people eligible for free legal aid under Section 12 of the Act:

a member of a Scheduled Caste or Scheduled Tribe;

a victim of trafficking in human beings or beggars as referred to in Article 23 of
the Constitution;
a woman or a child;
a person with a disability as defined in Section 2(i) of the Persons with Disabilities
(Equal Opportunities, Protection of Rights and Full Participation) Act, 1995;
a person under circumstances of undeserved want such as being a victim of a mass
disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial
disaster; or

an industrial workman; or
 n custody. including custody in a protective home within the meaning of Section
2g) of the Inmmoral Traffic (Prevention) Act, 1956 or in a juvenile home within
the meaning of Section 2() of the Juvenile Justice Act, 1986 or in a psychiatric
hospital or psychiatric nursing home within thc mcaning of Scction 2(g) of
the Mental Health Act, 1987; or

in receipt of annual income less than rupees nine thousand or such other higher
amount as may be prescribed by the State Government, ifthe case is beforea court
other than the Supreme Court, and less than rupees twelve thousand or such other
higher amount as may be prescribed by the Central Government, if the case is
before the Supreme Court.

Lok Adalat under Legal Services Authority Act, 1987

Section 19 of the Act provides for the cstablishment of Lok Adalats. Legal service authorities
at all levels, including the central, state, and district levels, shall hold Lok Adalats. Lok
Adalats scrve as an alternate dispute resolution system. Thcir purposc is to scttle cascs that
are pending or that have not been heard in the courts. It consists of judicial officers or an
authorizcd person under the jurisdiction of the state, central govcrnment, or local
and the agreement of
government. Following the conciliation of disputes between the parties
the partics, the award is handcd down by conciliators in accordance with Section 21 of the
Act. The award has the same legal effect as a court decision.

Scope of Lok Adalat

Unlike the Supreme Court, Lok Adalat is extremely broad to incorporate most of the cases
to be settled. The
pending before it as well as new cases that will be filed in the near future
Lok Adalat does not have jurisdiction over cases relating to offences that cannot be
compounded under any law. The Lok Sabha does not refer such matters to committees
without giving the other party a reasonable opportunity to be heard. The Lok Adalat proceeds
to resolve any case referred to it and tries to negotiate a mutually acceptable outcome
between the parties involved with the case. Whenever a Lok Adalat decides a case before it, it

adoptsthe most extreme efforts for a trade-off or settlement. The following points elaborate
on the scope of Lok Adalats:

settlement or compromise is reached by the parties after the Lok Adalat

. I f no
passes, no order is given.
A reference will be sent automatically to the Court that drew up the reference for
disposition. Those involved in the dispute are urged to seek redressal in courts.

. I f the terms proposed by the bench do not satisfy the parties, the Lok Adalat
cannot be forced to compromise or reach a settlement. Orders from Lok Adalats
are definitive and restrict the parties.
.An order passed by ajudge is a satisfactory means ofstopping the proceedings that
demand justice.
 Lok Adalats have cnough powers under the Act to make justice Without
compromising the quality of their awards. The Lok Adalat's final order is
considered judicial since it is given the status ofa decree.
A Civil Court recognizes it as a form of evidence and is given the power to

summon, discover, and get an affirmation.

In the case of P.T. Thomas v. Thomas Job (2005), the Apex Court specifically explained what
Lok Adalat is. According to the Court, Lok Adalat is an ancient form of adjudicating system
that once predominated in India, and its validity has not been questioned even today.
to Gandhian the term Lok Adalat "People's Court'. It is an
According principles, means
essential component of alternative dispute resolution. If the dispute is resolved at Lok Adala,
there is no court fec, and if it is already paid, the fee will be refunded.

According to the case of B.P. Moideen Sevamandir and others v. AM Kuty Hassan (2008),
the parties can communicate directly through their attorneys, which is far more convenient
than speaking in a regular courtroom. Because Lok Adalats are dynamic, they are able to
balance the interests of both parties and pass orders that both sides find acceptable.

Functions of Lok Adalat

The following are the functions of Lok Adalat:

.Lok Adalat members should be impartial and fair to the parties.

.Lok Adalat is responsible for handling pending cases in court. In the case ofa Lok
Adalat settlement, the court fee paid to the court on the petition will be reimbursed
When filing a dispute with Lok Adalat, you do not have to pay a court fee.

Types of Lok Adalat

Lok Adalats can take the following forms:

National level Lok Adalat

The Lok Adalat held at the national level is held regularly throughout the country at the
Supreme Court level and taluk level, where thousands of cases are disposed of. Every month
a different topic is discussed in this Adalat.

Permanent Lok Adalat

The body is governed by Section 22B of the Act. There is a

mechanism in Permanent Lok Adalat that settles mandatory pre-litigation
disputes concerning public utilities such as
transport, telegraph, postal service, etc. As a result of the case Abdul Hasan and
National
 Legal Services Authority v. Delhi
Vidyut
permanent Lok Adalats be establishcd. Board and other (1999), the
courts dirccted that

Permanent Lok Adalats

if parties
neglect to
are
charged with resolving public utility disputes
show up at the settlement quickly. Therefore,
of choosing the or
dispute based on merit. In this compromise, then it has a further
advantage
resolution of the possibility of postponement in the
questions is eliminated. Rather way, than
resolving disputes, it is bound to follow the following the formal procedure for
principle of natural justice in order to save time.
Thus, the establishment of the
Permanent Lok Adalat is fundamental to
public utility administrations in a settling
quick and amicable manner. The awards of thedisputes
with
Lok Adalat made
under this Act are conclusive and Permanent
a defence in binding. In no case will it be included as
an
original suit, application, or execution proceeding. Such actions are
considered announcements by a civil court. In
case the
award, that award will be communicated to a civil court Permanent Lok Adalat makes an
will then execute the order as if it having nearby jurisdiction, which
were a decree made
by the particular court.
Permanent Lok Adalats and Lok Adalats are
There have, however, been some differences. The indistinguishable in their essential features.
fundamental difference is that a common
Lok Adalat must convene
periodically and not consistently whereas a Permanent Lok Adalat
is a setup that functions like
any other court or tribunal.

Despite the Legal Services Authorities Act, 1987, which set up the Lok Adalats, the
permanent Lok Adalats were not established right away. Through the Amendment Act of
2002, the foundation of the Permanent Lok Adalat was enabled.

Mobile Lok Adalat

Mobile Lok Adalat is a method of settling disputes that travels from

15.14 lakh Lok Adalats have bcen hcld in the
place to place. Over
country as of 30th September 2015, and over
8,25 crore cases have been settled.

Mega Lok Adalat

The Mega Lok Adalat is an ad hoc body that is constituted at the state level on a single day in
all courts.

Daily Lok Adalat

On a daily basis, these Lok Adalats are held.

Continuous Lok Adalat

It is held continuously for a specifie number of days.

Jurisdiction of Lok Adalats
Lok Adalats fall
under the
any cases heard
by that Courtjurisdiction
under
of the courts
which organize them, thus,
regarding offences which are its
jurisdiction. This theyto Cover
these cases. The not
compoundable jurisdiction
by law and the Lok
does not apply
cases
that the respective courts accept cases presented to themAdalats cannot resolve
dispute should be referred may by
Situations where one to the Lok
Adalat. The Courts may parties concurring
Lok Adalat and party makes an accept such cases in
application to the court for the referral
the court of the case
Act. might consider that there is a to the
possibility of compromise through the

Limitations of Legal Services

The
Authority Act
Government should not only establish the
establish an independent four-tiered Legal Services
body to oversee the workings of these tiers andAuthority
but also
promote coordination between the actively work to
Taluka, Distriet, State, and National Legal Services
Authority. When establishing the
independent
recruit young legal monitoring body, the government should
professionals who hold no other judicial posts, so that they will
exclusively serve the interests of the independent monitoring
of legal services is constituted body. An institutional network
by the Legal Services Authority at the Central, State,
and Taluk levels have some limitations in District,
relation to the manner in which they are
constituted, the composition, etc.

Major limitations under Legal Services Authority Act

Section 3

The National Legal Services Authority is established under Section 3 of the Act. The
organization chart of the body reveals, however, that the members are all already overcharged
with theassigned duties of their primary work; therefore, a light modification of Section 3 is
needed. As the government builds up the National Legal Services Authority, it should
emphasize the importance of recruiting young legal professionals who do not hold other legal
positions so they can devote as much time to the purpose of the Act as possible.

Section 3-A

As set forth in Section 3-A of the Act, there is a requirement that the chairman of the
Supreme Court Legal Services Committee shall be a judge of the Supreme Court. Now, in
this case, the respective judge is already overburdened with his entrusted duties of day-to-day
litigation. As a result, there is the possibility that the office may not be able to achieve the
expected results in providing legal services in the future if such an overburdened person is
 again given thefunctions of the Supreme Court Legal Serviccs Committec.
Section 3-A of the Act is to be implemcntcd propcrly, thcn it will be csscntial toTherefore,
amend this1
section.

Section 6

A State Legal Services Authority is establishedby Section 6 of the Act. Although the
it
organization of the body appcars to be fairly straightforward at first glance, a closer look at
reveals that each of the members is to a certain extent occupied with duties outside the body,
and therefore, a minor alteration of Section 6 is required. It is important for the government to

emphasize when establishing the State Legal Services Authority that it will be recruiting
work in the field with utmost
young qualified legal professionals who have the zeal to
devotion to achieve the core objective stated in the Act.

v. Union of lndia and

Others (1988), it
As a consequence of Supreme Court Bar Association
the Chairman of the State Legal Services
has been held that the normal rule should be that
only to be appointed under
Authority should be a sitting judge and retired judges
were

exceptional circumstances.

Conclusion
stresses equality. All individuals are equal
under
As everyone knows, the Indian constitution
economic status, race, creed, gender, sex, or any
the law in a democracy. Regardless of one's
to equal access to law and equal
other social condition, each citizen has the right
Services Authorities Act of 1987 was passed
opportunities to obtain legal services. The Legal the
needs. The act ensures equality of opportunity in
by our government to address these its provisions
its officials tasked with executing
pursuit of justice. The Act has ensured that servants has been granted to them, along
have adequate abilities. Recognition as a community
with the assurance that anything they do in good faith will be protected. This Act's provisions
for the execution of its provisions with a minimum
supersede different Acts, which provide
of disruption. Even if such disruption occurs regardless of its superseding impact, the national
rules and guidelines for the effective
and state legislatures will be able to develop
and principles must pass a rigorous
implementation of these provisions. Such guidelines
or other forms of
approval process which eliminates any possibility defiling, wrongdoing,
of
neglect

Lok Adalats have become an integral part of the Indian legal system, providing opportunities
for the poor and discouraged to access justice. The organization has overcome all obstacles to
lawful aid, although there are specific areas for improvement that could make it more
effective. Although they are overcoming any barriers to access to justice, they should also
admittance to equity for aggrieved parties. There is more activity than was
provide genuine
could make Lok Adalats a better mechanism to deal with cases that are on
expected, which
the rise.
History of Legal Aid in India
The adversarial system that came in
India, with the advent of the British ended the intorma
dispute resolution system. This new system was more complex and required prior knowledge
to be used.

In 1949 Bombay government set up a Bombay committee on legal aid and advise, under the
chairmansh1p of Justice NM Bhagwati. The committee took cognizance of the issues of
existence of poverty, and measures to provide legal aid to the citizens. The committee
proposed the concept of Dharma wherein the state is duty bound and under obligation to lake
care of the welfare of the individuals in his jurisdiction. As a result the committee gave three

suggestions:

the state.
Legal aid is a service and not charity. It is an obligation on
Legal aid is cqually important.
Legal aid should be given to both the parties in the proceedings.

committee to discuss various

ways to
In1950, the Government of West Bengal set up Bengal Between 1952-
submitted the report.
implement legal legal aid, on the same line committee
1956 the Central Government asked the states to legislate for the implementation of legal
in the state list under schedule
services. This was due to the entry of the subject (legal aid)
to legislate but the state
VIl of the Constitution of India. The states are now empowered
government did not have sufficient funds to implement the same.
Then in 1958 the issue was recognized and 14* law Commission Report on Reform of
Judicial Administration, headed by Mr. MC Setalvad gave suggestion on legal aid:

State owes duty to provide free legal aid to persons of limited means
The duty or obligation not only binds the state but also the members of legal fraternity
There should be Access to Justice

In 1959, the International Commission by Jurists Committee on Judicial and Legal

Profession under Rule of Law said that under the rule of law the state is under obligation
to
provide access to free legal aid to limited persons such as women, children or poor persons
etc.

In 1960, three issues taken up by Central Government Scheme,

Legal aid should be given statutory force

It should be available to both the parties
It is obligation of the state

Then, Gujarat committec report came under the chairmanship of Justice PN Bhagwati in
1970. The committee gave few suggestions such as:

State is under constitutional obligation to provide legal services under Article 14 and
Article 22(1)
Commitlee was in lavour of free legal aid not only in civil or eriminal courts but also
in tribunals. Thereafter, legal aid scheme should be provided at all levels- state,
district and taluk.
 Creation of legal funds
Ambit of the term legal aid'- proper legal advicc, preventive scrvices, reprcscntao
by lawyers, preventive mcasures.
Further in 1973, an Evpert Committee under the ehairmanship of Krishna lyer said that the
legal aid is indispensable postulate of legal system and not matter of charity. 1hen, n
the state
consequence, in 19766 Article 39A of the Indian Constiution was enacted wherein
was under the obligation to provide legal aid to the weaker sections of the society.
Inc
Finally, in 1980 Icgal aid was draftcd by a committec hcaded by Justicc PN Bhagwati.
dralt gained the position of an act in 1987 called The Legal Services Authorities Act, 1987

evolution of legal aid

implementation of legal aid
codification of legal services

that
Court held that our legal system
In M.H Hoskot v. State of Maharashtra, the Supreme
models which heavily uses legal technology,
has been mounted by the Anglo-American law.
the wheels of equal justice under
compel the collaboration of lawyer power steering
or
because of
characterized by the technical nature of law,
The adversarial model has been hence it
and subsequent fee,
court and the prevalence of lawyers
proper proceedings in that Legal Aid be
became imperative for the proper and fair adjudication of justice
incorporated into the Constitution.

39-A to the Constitution, hence making equal

The 42nd Amendment Act inserted Article
of state policy. As pointed out by Granville
justice and free legal aid a directive principle
Fundamental Rights and Directive Principles of State Policy
Austin, the portions dealing with
are meant for social revolution.

The working of Article 39-A reiterates that kind of social justice being prevalent in society.

How free legal aid was introduced in India

The 14th Report of the Law Commission of India mooted the idea of providing free legal aid
to the poor by the State. The Report highlighted the responsibility of the legal community to
administer the legal aid scheme and the State to fund legal representation 174 to the accused
in eriminal proceedings, appeals, and jails. In 1960, the Union Govermment initiated the
national legal aid scheme which faced financial shortages and died a natural death. In 1973,
in the second phase, the Union Government constituted a committee under the chairmanship
of Justice Krishna Iyer to develop a legal aid scheme for states. The Committee devised a
strategy in a decentralized mode with legal aid committees in every district, state, and center
 on lo
A commitlee judicalure was sel up under the chairmanship of Justice P N Bhagwali
implement the legal aid schem

This Commillee suggested legal aid camps and nyayalayas in rural areas and recommendea
the inclusion of free legal aid provision in the Constitution. In 1980, the Committee on
as its head.
NationalImplementation of Legal Aid was constituted with Justice Bhagwati
198/.
Subsequently, the Parliament enacted the Legal Services Authorities Act,

Legal provisions providing for legal aid

that when a man was
the Code of Criminal Procedure, 1898, provided
Seclion 340(1) of him with counsel
with death, the court could provide
charged with an offence punishable
upon his request.
this asa
as the court regarded
This was subject to twisted
interpretation by the court, However in the Code
of
v. State of Maharashtra.
in Tara Singh that in trial
privilege rather than a right
a
rule and it was provided
this was made a statutory the
Criminal Procedure of 1973, m e a n s to employ pleaders,
accused does not have sufficient
before a session Judge if the
own expense.
court shall do so at its

Legal services authority in India

The center, state and, the district level. The
exist at three levels i.e.-
In India, legal services Services Authority (NALSA) and the
establishes the National Legal
central government
Committee (SCLSC).
Supreme Court Legal Services

Services Authority (SLSA) and

the High
establishes the State Legal the
The State Government State government also establishes
Committee (HCLSC). The
Court Legal Services
District Legal Services Authority (DLSA).

Legal Services
Act deal with the Taluk
Section 11A and 11B ofthe Legal Services Authority
Committee.

two types i.e.- Pre-

Some functions are common toall authorities. These can be classified into
services. The authorities intend to follow
the principle that
litigation and post-litigation has been paid to pre-litigation services
prevention is better than cure, hence a large emphasis
through legal awareness, camps, legal advice,
legal and legal education.

for post-litigation services in the form

It is also the duty of all of these authorities to provide
of free of charge representation in court and aid in other court related expenditure.
National Legal Services Authority

Members of SCLSC
Members of NALSA

1. The Chicf Justicc of India as the Patron-in- . Court as its

Judge of the Supreme
chief. chairman.

2. A judge of the Supreme Court nominaled Other members as by the

prescribed
chairman. nonminated by the
by the President as the executive government and
CJI.
3. Other members nominated by the
CJl.
Government in consultation with the

Functions of the Central Authority

Services
for fulfilling the provisions of the Legal
1. Lay down policies and principles
Act.
the poor.
schemes for providing legal aid to
2. Frame the most economic
authorities.
to be given to the State and District
3. Utilize funds at their disposal
and slum areas.

4. Organize Legal Aid camps in rural

on
in the field of Legal aid, with special emphasis
5. Undertake and promote research
providing legal aid to the poor.
fundamental duties given under
for the fultfillment of
6. To do all things necessary
Part IV-A of the Constitution.
for clinical legal
consultation with the Bar Council of India, programs
7. Develop in
education.
for spreading legal literacy and legal
awareness

8. Take appropriate measures

to educate weaker sections of society.
amongst the people and, particular,
in
institutions
the support of voluntary social welfare
9. Make special efforts to enlist
working at the grass-root level
10. Coordinate and monitor the functions
of State Authorities, District Authorities,
Court Legal Services
Supreme Court Legal Services Committee, High
and voluntary social service
Committees, Taluk Legal Services Committees
Institutions and other legal services organizations and give general directions for
the proper implementation of the program.

11. Provide grants and aids for various schemes and social service institutions.

State Legal Services Authority (4)

o)

Membersof SLSA Members of HCLSC

 I. Chicf justice of the High court as the
patron-in-chief.
2. A judge of the Court its chairman.
High Court nominated Judge of High as

by the governor as the executive Other members are prescribed by the

chairman. state authority and nominated by
the

3. Other members nominated Chief Justice of the High Court.

by the state
government in consultation with Chief
Justice of High Court.

Functions
directions issucd by the Central
n e state authority has the responsibility to give effect to the conducts Lok Adalats.
and also
authority. It provides legal services like the central authority
Besidcs this the authority also has other functions as follow:

criteria under the act.

1. Give legal services to persons who satisfy the
2. Conduct Lok Adalats for all types of cases

3. Undertake preventive and strategic Legal Aid programs.

4. Perform other functions as notified by the central authority to the state authority
from time to time.

District Legal Services Authority

Member of the DLSA- District Judge as its chairman, other members nominated by the state
court. Every district authority has
government in consultation with the Chief Justice of High
to give effect to such directions that are issued to it by the State authority, it also has to take
cognizance of the directions that are given by the state authority.

The district authority has the following functions that it needs to perform

. Coordinate the activities of the Taluk Legal Services Committee and other legal
services in the District.

2. Organized Lok Adalats within the District.

3. Perform such other functions as the State Authority may fix by regulations.

Taluk Legal services committee

 Section IIA and 11B of the Legal services authorities act deals with the Taluk Legal serv
which ay bc
Thc statc authority shall constitutc committce for cvery Taluk
commitce. a

referred to as the Taluk Legal services committe.

an
within the limits
as
CAnt
shall consist of a Senior Civil Judee operating
COmttee the state goVC
Chairman, and other such members prescribed and nominated by
Omclo
in consultation with the chiefjustice of High Court.

Power to constitute Lok Adalats time to time.

A
Adalats from
committee may organize Lok application
tO n c
taluk an
V y Central, state, district, or thereof makes
of the parties
the Lok Adalat if any
case may be referred to
court for the case to a Lok Adalat.
referring

Adalat
Powers of the Lok
the s a m e powers,
under this Act will have The
of any matter Procedure 1908.
The Lok Adalat
for d e t e r m i n a t i o n under the Code of Civil
to it
that has been granted
that of a civil court
follows:
Lok Adalat are as
powers of the
him
and examining
the attendance
of any witness
and enforcing
. The summoning
on oath.
document.
The discovery and
production of any
2.
affidavits.
evidence on
3. The reception of such record or
record or document
or copy of
of any public
4. The requisitioning
court or office.
document from any

as may be prescribed.
5. Such other matters

Code
under the Indian Penal
Legal Aid charged
that if a man was
Crimi nal Procedure, 1898, provided
Section 340(1) of the Code of him with counsel upon his
offence punishable with death, the court could provide it
with an the Supreme Court by classifying
to a twisted interpretation by
request. This was subjected in Tara Singh v. State (1951 AIR
as a privilege rather
than the duty of the magistrate
the Code of Criminal Procedure, 1973, facilitated the statutory
441). However, India in Section 304(1) provides that: In a trial
before
implementation of free legal aid subsequently. the court
not sufficient means to engage a pleader,
the sessions judge, if the accused has
the expense of the State.
should assign a pleader for his defense at