CHANAKYA NATIONAL LAW UNIVERSITY.

NYAYA NAGAR, MITHAPUR, PATNA-800001.

Project Topic:
FUNCTION & FUNCTIONING OF LEGAL SERVICES
AUTHORITY

FINAL DRAFT SUBMITTED IN PARIAL FULFILMENT OF THE

COURSE TITLED-
SOCIOLOGY OF LAW

SUBMITTED TO: SUBMITTED BY:

Dr. SANGEET KUMAR SHUBHAM
FACULTY OF SOCIOLOGY ROLL NO: 1764
SEMESTER-II

1
 DECLARATION

I hereby declare that the project entitled “FUNCTION & FUNCTIONING OF LEGAL
SERVICES AUTHORITY” submitted by me at CHANAKYA NATIONAL LAW
UNIVERSITY is a record of bona fide project work carried out by me under the guidance of
our mentor Dr. SANGEET KUMAR I further declare that the work reported in this project
has not been submitted and will not be submitted, either in part or in full, for the award of any
other degree or diploma in this university or in any other university.

----------------------
(SHUBHAM)
BA LL.B {Hons.}
ROLL NUMBER: 1764

2
 ACKNOWLEDGEMENT

It is a fact that any research work prepared, compiled or formulated in isolation is inexplicable
to an extent. This research work, although prepared by me, is a culmination of efforts of a lot
of people who remained in veil, who gave their intense support and helped me in the completion
of this project.
Firstly, I am very grateful to my subject teacher Dr. SANGEET KUMAR, without the kind
support and help of whom the completion of this project was a herculean task for me. He
donated his valuable time from his busy schedule to help me to complete this project. I would
like to thank her for his valuable suggestions towards the making of this project.
I am highly indebted to my parents and friends for their kind co-operation and encouragement
which helped me in completion of this project. I am also thankful to the library staff of my
college which assisted me in acquiring the sources necessary for the compilation of my project.
Last but not the least, I would like to thank the Almighty who kept me mentally strong and in
good health to concentrate on my project and to complete it in time.
I thank all of them!!!

SHUBHAM

ROLL NUMBER: 1764

BA LL.B{Hons.}

SESSION: 2017-2022.

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 TABLE OF CONTENTS

INTRODUCTION------------------------------------------------------------------------Pg. 05-08
 AIMS & OBJECTIVES
 REVIEW OF LITERATURE
 HYPOTHESIS
 RESEARCH QUESTIONS
 SAMPLING TECHQNIQUE
 RESEARCH METHODOLOGY
 SOURCES OF DATA COLLECTION
 TOOLS OF DATA COLLECTION
 LIMITATIONS

CHAPTER- I PRELIMINARY------------------------------------------------------------Pg. 09-10

CHAPTER II THE NATIONAL LEGAL SERVICES AUTHORITY------------Pg. 11-13
CHAPTER III THE STATE LEGAL SERVICES AUTHORITY-----------------Pg. 14-17
CHAPTER IV ENTITLEMENT TO LEGAL SERVICES--------------------------Pg. 18
CHAPTER V FINANCE, ACCOUNTS & AUDIT------------------------------------Pg. 19-20
CHAPTER VI LOK ADALAT------------------------------------------------------------Pg. 21-22
CHAPTER VI-A PRE LITIGATION CONCILIATION & SETTLEMENT---Pg. 23-24
CHAPTER VII CASE STUDY------------------------------------------------------------Pg. 25-27
CHAPTER VIII CONTRIBUTION OF LSA TO SOCIETY {SCHEMES}-----Pg. 28-29
CHAPTER IX DATA ANALYSIS-------------------------------------------------------Pg. 30-31

GALLERY------------------------------------------------------------------------------------Pg. 32-34
CONCLUSION------------------------------------------------------------------------------Pg. 35-36
SUGGESTIONS-----------------------------------------------------------------------------Pg. 37-38
BIBLIOGRAPHY---------------------------------------------------------------------------Pg. 38

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 INTRODUCTION

"The poor and illiterate should be able to approach the courts and their ignorance and
poverty shouldn't be an impediment in the way of their obtaining justice from the courts."

- Justice P. N. Bhagwati

Towards fulfilling the Preambular promise of securing to all the citizens, Justice – social, economic
and political, Article 39 A of the Constitution of India provides for free legal aid to the poor and
weaker sections of the society, to promote justice on the basis of equal opportunity. Articles 14 and
22(1) of the Constitution also make it obligatory for the State to ensure equality before law. In 1987,
the Legal Services Authorities Act was enacted by the Parliament, which came into force on 9th
November, 1995 to establish a nationwide uniform network for providing free and competent legal
services to the weaker sections of the society.

The National Legal Services Authority (NALSA) has been constituted under the Legal Services
Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society. The Chief
Justice of India is the Patron-in-Chief and the Senior most Hon'ble Judge, Supreme Court of India is
the Executive Chairman of the Authority. Presently, NALSA is housed at 12/11, Jam Nagar House,
New Delhi-110011.

Public awareness, equal opportunity and deliverable justice are the cornerstones on which the edifice
of NALSA is based. The principal objective of NALSA is to provide free and competent legal services
to the weaker sections of the society and 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 for
amicable settlement of disputes. Apart from the abovementioned, functions of NALSA include
spreading legal literacy and awareness, undertaking social justice litigations etc.

With the aim of reaching out to the diverse milieu of people belonging to different socio-economic,
cultural and political backgrounds, NALSA identifies specific categories of the marginalized and
excluded groups from the diverse populace of the country and formulates various schemes for the
implementation of preventive and strategic legal service programmes to be undertaken and
implemented by the Legal Services Authorities at the various levels. In carrying out all these
responsibilities, NALSA works in close coordination with the various State Legal Services Authorities,
District Legal Services Authorities and other agencies for a regular exchange of relevant information,
monitoring and updating on the implementation and progress of the various schemes in vogue and
fostering a strategic and coordinated approach to ensure smooth and streamlined functioning of the
various agencies and stakeholders.

Article 39A of the Constitution of India provides for free legal aid to the poor and weaker
sections of the society and ensures justice for all. Articles 14 and 22(1) of the Constitution
also make it obligatory for the State to ensure equality before law and a legal system which
promotes justice on the basis of equal opportunity to all. In the year 1987, the Legal Services
Authorities Act was enacted by the Parliament which came into force on 9th November, 1995
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 National Legal
Services Authority (NALSA) has been constituted under the Legal Services Authorities Act,
1987 to monitor and evaluate implementation of legal aid programmes and to lay down
policies and principles for making legal services available under the Act. In every State, a
State Legal Services Authority and in every High Court, a High Court Legal Services
Committee have been constituted. District Legal Services Authorities, Taluk Legal Services
Committees have been constituted in the Districts and most of the Taluks 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 State. Supreme Court Legal Services Committee has been

5
constituted to administer and implement the legal services programme insofar as it relates to
the Supreme Court of India.

NALSA lays down policies, principles, guidelines and frames effective and economical
schemes for the State Legal Services Authorities to implement the Legal Services
Programmes throughout the country. Primarily, the State Legal Services Authorities, District
Legal Services Authorities, Taluk Legal Services Committees, etc. have been asked to
discharge the following main functions on regular basis: I. To Provide Free and Competent
Legal Services to the eligible persons; II. To organize Lok Adalats for amicable settlement of
disputes and III. To organize legal awareness camps in the rural areas.

Lok Adalat is one of the Alternative Disputes Resolution Mechanisms. It is a forum where
the disputes/cases pending in the court of law or at pre-litigation stage are settled/
compromised amicably. The Lok Adalat has been given statutory status under the Legal
Services Authorities Act, 1987. Under this Act, an award made by a Lok Adalat is deemed to
be a decree of a civil court and is final and binding on all parties and no appeal lies against
thereto before any court. (a) Lok Adalats are being organized by the Legal Services
Authorities/Committees for settlement of cases pending before courts u/s 19 of the Legal
Services Authorities Act, 1987 and also for matters at pre-Litigative stage, under the
guidance of NALSA. (b) Chapter VI-A has been inserted in the Legal Services Authorities
Act, 1987 in the year 2002, with a view to provide compulsory pre-Litigative mechanism for
conciliation and settlement of disputes relating to ‘Public Utility Services’.

As a part of the preventive and strategic legal aid, NALSA through the State Legal Services
Authorities, conduct legal literacy programmes. In some States, Legal Literacy Programmes
are conducted every year in schools and colleges and also for empowerment of women in a
routine manner, besides the rural legal literacy camps. NALSA undertook special legal
awareness programmes on MGNREGA, Rights of Senior Citizens and Women’s Welfare
Programmes. A special scheme for settlement of grievances relating to MGNREGA through
LokAdalat also was implemented by NALSA.

 AIMS & OBJECTIVE

The researcher intends to examine:

1. To discuss the functions of the Legal Services Authority.
2. To analyse the motive of establishing the Institution.
3. To find out the nature of cases entertained in the Legal Services Authority.
4. To examine the impact of Legal Services Authority on Society.

 REVIEW OF LITERATURE

The researcher has examined the primary and secondary sources of data in the project. The

6
primary sources are field work, Constitution of India, legal provisions, case laws and field
work. The secondary sources are books, journals, magazines, newspaper etc.

 HYPOTHESIS

The researcher presumes that the:


1. Principle of Legal Service is a part of the Directive Principles of State Policy.

2. Law provides justice to every person, whatever his/her cast, religion, sections,
races i.e., totally immaterial.

3. reaching out to the people to facilitate “access to justice” to all in the most
practical manner.

4. system is still lacking somewhere as the implementation of the law is not as

proper as it should be, as there are many people who are unable to have access
to justice by the reasons of social obligations (like women in rural areas are
reluctant to go against their relatives in cases of domestic violence and
dowry), lack of interest of the lawyer, poverty, lack of awareness, lack of
proper implementation of law on part of the lower judiciary and state
authorities.

 RESEARCH QUESTION

1. What are Legal Services?

2. What is Free Legal Aid?
3. Who is Entitled to Free Legal Services?
4. Is there a Fee or Charge for Obtaining an Application Form for Legal Aid?
5. When can Legal Aid be Denied or Withdrawn?
6. What if the Person in need of Free Legal Aid is Illiterate?
7. Does NALSA only Provide Legal Aid?
8. Does NALSA work with Persons in the Community?

 SAMPLING TECHNIQUE

Researcher have used purposive and convenient method of sampling due to paucity of
time and various limitations of research.

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  RESEARCH METHODOLOGY

The researcher has adopted doctrinal as well as non-doctrinal method of research.

 SOURCES OF DATA COLLECTION

1. PRIMARY SOURCES
1. Constitution of India 

2. Legislative Provisions 

3. Case laws 


4. Field work 


2. SECONDARY SOURCES
1. BOOKS
2. NEWSPAPERS
3. LAW JOURNALS
4. LEGAL SERVICES MAGAZINES
5. WEBSITES

 TOOLS OF DATA COLLECTION

1. Diary
2. Notepad 

3. Sound recorder 

4. Camera 

5. Interview schedule 

6. Observation guide 


 LIMITATIONS

The present research is confined to a time limit of one month. The research contain
both doctrinal and non - doctrinal works at Patna.

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 THE LEGAL SERVICES AUTHORITIES ACT, 1987 ACT NO. 39 OF
1987

An Act to constitute legal services authorities 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 to organise Lok Adalats
to secure that the operation of the legal system promotes justice on a basis of equal
opportunity. BE it enacted by the Parliament in the Thirty-eighth Year of the Republic of
India as follows:—

CHAPTER- I
PRELIMINARY

1. Short title, extent and commencement.—This Act may be called the Legal Services
Authorities Act, 1987.
(2) It extends to the whole of India, except the State of Jammu and Kashmir.
(3) It shall come into force on such date1 as the Central Government may, by notification,
appoint; and different dates may be appointed for different provisions of this Act and for
different States, and any reference to commencement in any provision of this Act in relation
to any State shall be construed as a reference to the commencement of that provision in that
State.
2. Definitions.—In this Act, unless the context otherwise requires,—
2
[(a) “case” includes a suit or any proceeding before a court;
(aa) “Central Authority” means the National Legal Services Authority constituted under
section 3;
(aaa) “court” means a civil, criminal or revenue court and includes any tribunal or any other
authority constituted under any law for the time being in force, to exercise judicial or quasi-
judicial functions;] (b) “District Authority” means a District Legal Services Authority
constituted under section 9;
3
[(bb) “High Court Legal Services Committee” means a High Court Legal Services
Committee constituted under section 8A;]
(c) “legal service” includes the rendering of any service in the conduct of any case or other
legal proceeding before any court or other authority or tribunal and the giving of advice on
any legal matter;
(d) “Lok Adalat” means a Lok Adalat organised under Chapter VI;
(e) “notification” means a notification published in the Official Gazette;
(f) “prescribed” means prescribed by rules made under this Act; 3
[(ff) “regulations” means regulations made under this Act;]
(g) “scheme” means any scheme framed by the Central Authority, a State Authority or a
District Authority for the purpose of giving effect to any of the provisions of this Act;
(h) “State Authority” means a State Legal Services Authority constituted under section 6;

1
9th November, 1995, vide notification No. S.O. 893(E), dated 9th November, 1995, see Gazette of India,
Extraordinary, Part II, sec. 3(ii).
2
Subs. by Act 59 of 1994, s. 2, for clause (a) (w.e.f. 29-10-1994).
3
Ins. by s. 2, ibid. (w.e.f. 29-10-1994).

9
(i) “State Government” includes the administrator of a Union territory appointed by the
President under article 239 of the Constitution;
4
[(j) “Supreme Court Legal Services Committee” means the Supreme Court Legal Services
Committee constituted under section 3A;
(k) “Taluk Legal Services Committee” means a Taluk Legal Services Committee constituted
under section 11A.]
(2) Any reference in this Act to any other enactment or any provision thereof shall, in relation
to an area in which such enactment or provision is not in force, be construed as a reference to
the corresponding law or the relevant provision of the corresponding law, if any, in force in
that area.

4
Ins. by Act 59 of 1994, s. 2 (w.e.f. 29-10-1994).

10
 CHAPTER- II
THE NATIONAL LEGAL SERVICES AUTHORITY

3. Constitution of the National Legal Services Authority.—

(1) The Central Government shall constitute a body to be called the National Legal Services
Authority to exercise the powers and perform the functions conferred on, or assigned to, the
Central Authority under this Act.
(2) The Central Authority shall consist of—
(a) the Chief Justice of India who shall be the Patron-in-Chief;
(b) 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; and
(c) such number of other members, possessing such experience and qualifications, as may be
prescribed by the Central Government, to be nominated by that Government in consultation
with the Chief Justice of India.
(3) The Central Government shall, in consultation with the Chief Justice of India, appoint a
person to be the Member-Secretary of the Central Authority, possessing such experience and
qualifications as may be prescribed by that Government, to exercise such powers and perform
such duties under the Executive Chairman of the Central Authority as may be prescribed by
that Government or as may be assigned to him by the Executive Chairman of that Authority.
(4) The terms of office and other conditions relating thereto, of members and the Member-
Secretary of the Central Authority shall be such as may be prescribed by the Central
Government in consultation with the Chief Justice of India.
(5) The Central Authority may appoint such number of officers and other employees as may
be prescribed by the Central Government, in consultation with the Chief Justice of India, for
the efficient discharge of its functions under this Act.
(6) The officers and other employees of the Central 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 Central Government in consultation with the Chief Justice of India.
(7) The administrative expenses of the Central Authority, including the salaries, allowances
and pensions payable to the Member-Secretary, officers and other employees of the Central
Authority, shall be defrayed out of the Consolidated Fund of India.
(8) 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.
(9) No act or proceeding of the Central Authority shall be invalid merely on the ground of the
existence of any vacancy in, or any defect in the constitution of, the Central Authority.

3A. Supreme Court Legal Services Committee.—

(1) The Central Authority shall constitute a committee to be called the Supreme Court Legal
Services Committee for the purpose of exercising such powers and performing such functions
as may be determined by regulations made by the Central Authority.
(2) The Committee shall consist of—
(a) a sitting Judge of the Supreme Court who shall be the Chairman; and
(b) such number of other members possessing such experience and qualifications as may be
prescribed by the Central Government, to be nominated by the Chief Justice of India.

11
(3) The Chief Justice of India shall appoint a person to be the Secretary to the Committee,
possessing such experience and qualifications as may be prescribed by the Central
Government.
(4) The terms of office and other conditions relating thereto, of the members and Secretary of
the Committee shall be such as may be determined by regulations made by the Central
Authority.
(5) The Committee may appoint such number of officers and other employees as may be
prescribed by the Central Government, in consultation with the Chief Justice of India, for the
efficient discharge of its functions.
(6) 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 Central Government in consultation with the Chief Justice of India.

4.Functions of the Central Authority.—The Central Authority shall5 perform all or any of
the following functions, namely:—
(a) lay down policies and principles for making legal services available under the provisions
of this Act;
(b) frame the most effective and economical schemes for the purpose of making legal
services available under the provisions of this Act;
(c) utilise the funds at its disposal and make appropriate allocations of funds to the State
Authorities and District Authorities;
(d) 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 and for this purpose, give training to social workers in legal skills;
(e) organise legal aid camps, especially in rural areas, slums or labour colonies with the dual
purpose of educating the weaker sections of the society as to their rights as well as
encouraging the settlement of disputes through Lok Adalats;
(f) encourage the settlement of disputes by way of negotiations, arbitration and conciliation;
(g) undertake and promote research in the field of legal services with special reference to the
need for such services among the poor;
(h) to do all things necessary for the purpose of ensuring commitment to the fundamental
duties of citizens under Part IVA of the Constitution;
(i) monitor and evaluate implementation of the legal aid programmes at periodic intervals and
provide for independent evaluation of programmes and schemes implemented in whole or in
part by funds provided under this Act;
(j) provide grants-in-aid for specific schemes to various voluntary social service institutions
and the State and District Authorities, from out of the amounts placed at its disposal for the
implementation of the legal services schemes under the provisions of this Act;]
(k) 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;
(l) take appropriate measures for spreading legal literacy and legal awareness amongst the
people and, in particular, to educate weaker sections of the society about the rights, benefits
and privileges guaranteed by social welfare legislations and other enactments as well as
administrative programmes and measures;

5
The words “, subject to the general directions of the Central Government,” omitted by Act of 59 of 1994, s. 4
(w.e.f. 29-10-1994).

12
(m) make special efforts to enlist the support of voluntary social welfare institutions working
at the grass-root level, particularly among the Scheduled Castes and the Scheduled Tribes,
women and rural and urban labour; and (n) coordinate and monitor the functioning of 2 [State
Authorities, District Authorities, Supreme Court Legal Services Committee, High Court
Legal Services Committees, Taluk Legal Services Committees and voluntary social service
institutions] and other legal services organisations and give general directions for the proper
implementation of the legal services programmes.

5. Central Authority to work in coordination with other agencies.—In the discharge of its
functions under this Act, the Central Authority shall, wherever appropriate, act in
coordination with other governmental and non-governmental agencies, universities and
others engaged in the work of promoting the cause of legal services to the poor.

13
 CHAPTER- III
THE STATE LEGAL SERVICES AUTHORITY

66. Constitution of State Legal Services Authority.—

(1) Every State Government shall constitute a body to be called the Legal Services Authority
for the State to exercise the powers and perform the functions conferred on, or assigned to, a
State Authority under this Act.
(2) A State Authority shall consist of—
(a) the Chief Justice of the High Court who shall be the Patron-in-Chief;
(b) a serving or retired Judge of the High Court, to be nominated by the Governor, in
consultation with the Chief Justice of the High Court, who shall be the Executive Chairman;
and
(c) 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.
(3) The State Government shall, in consultation with the Chief Justice of the High Court,
appoint a person belonging to the State Higher Judicial Service, not lower in rank than that of
a District Judge, as the Member-Secretary of the State Authority, to exercise such powers and
perform such duties under the Executive Chairman of the State Authority as may be
prescribed by that Government or as may be assigned to him by the Executive Chairman of
that Authority.
Provided that a person functioning as Secretary of a State Legal Aid and Advice Board
immediately before the date of constitution of the State Authority may be appointed as
Member-Secretary of that Authority, even if he is not qualified to be appointed as such under
this sub-section, for a period not exceeding five years.
(4) The terms of office and other conditions relating thereto, of members and the Member-
Secretary of the State Authority shall be such as may be prescribed by the State Government
in consultation with the Chief Justice of the High Court.
(5) The State 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 under this Act.
(6) The officers and other employees of the State 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.
(7) The administrative expenses of the State Authority, including the salaries, allowances and
pensions payable to the Member-Secretary, officers and other employees of the State
Authority shall be defrayed out of the Consolidated Fund of the State.
(8) All orders and decisions of the State Authority shall be authenticated by the Member-
Secretary or any other officer of the State Authority duly authorised by the Executive
Chairman of the State Authority.
(9) 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.

6
Subs. by s. 5, ibid., for section 6 (w.e.f. 29-10-1994).

14
7. Functions of the State Authority.

(1) It shall be the duty of the State Authority to give to effect to the policy and directions of
the Central Authority.
(2) Without prejudice to the generality of the functions referred to in sub-section (1), the
State Authority shall perform all or any of the following functions, namely:—
(a) give legal service to persons who satisfy the criteria laid down under this Act;
(b) conduct 1 [Lok Adalats, including Lok Adalats for High Court cases];
(c) undertake preventive and strategic legal aid programmes; and
(d) perform such other functions as the State Authority may, in consultation with the Central
Authority7, fix by regulations.

8. State Authority to act in coordination with other agencies., etc., and be subject to
directions given by the Central Authority8.—
In the discharge of its functions the State Authority shall appropriately act in coordination
with other governmental agencies, non-governmental voluntary social service institutions,
universities and other bodies engaged in the work of promoting the cause of legal services to
the poor and shall also be guided by such directions as the Central Authority may give to it in
writing. 8A. High Court Legal Services Committee.—
(1) The State Authority shall constitute a Committee to be called the High Court Legal
Services Committee for every High Court, for the purpose of exercising such powers and
performing such functions as may be determined by regulations made by the State Authority.
(2) The Committee shall consist of—
(a) a sitting Judge of the High Court who shall be the Chairman; and
(b) such number of other members possessing such experience and qualifications as may be
determined by regulations made by the State Authority, to be nominated by the Chief Justice
of the High Court.
(3) The Chief Justice of the High Court shall appoint a Secretary to the Committee possessing
such experience and qualifications as may be prescribed by the State Government.
(4) The terms of office and other conditions relating thereto, of the members and Secretary of
the Committee shall be such as may be determined by regulations made by the State
Authority.
(5) 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.
(6) 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.

9. District Legal Services Authority.—

(1) 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.
(2) A District Authority shall consist of—

7
Subs. by s. 6, ibid., for “Central Government” (w.e.f. 29-10-1994).
8
Subs. by s. 7, ibid., for sections 8 and 9 (w.e.f. 29-10-1994).

15
(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.
(3) 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 may be assigned to him by such Chairman.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) No act or proceeding of the 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.

10. Functions of the 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)9 coordinate the activities of the Taluk Legal Services Committee and other legal services
in the District;
(b) organise Lok Adalats within the District; and
(c) perform such other functions as the State Authority may10 fix by regulations.

11. District Authority to act in coordination with other agencies and be subject to
directions given by the Central Authority, etc.—
In the discharge of its functions under this Act, the District Authority shall, wherever
appropriate, act in coordination with other governmental and non-governmental institutions,
universities and others engaged in the work of promoting the cause of legal services to the
poor and shall also be guided by such directions as the Central Authority or the State
Authority may give to it in writing.

9
Subs. by Act 59 of 1994, s. 8, for clause (a) (w.e.f. 29-10-1994)
10
The words “, in consultation with the State Government,” omitted by Act 59 of 1994, s. 8 (w.e.f. 29-10-
1994).

16
11A11. Taluk Legal Services Committee.—
(1) 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.
(2) The Committee shall consist of—
(a) The 3 [senior-most Judicial Officer] 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.
(3) 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.
(4) 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.
(5) The administrative expenses of the Committee shall be defrayed out of the District Legal
Aid Fund by the District Authority.

11B. Functions of Taluk Legal Services Committee.—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.

11
Ins. by s. 9, ibid. (w.e.f. 29-10-1994).

17
 CHAPTER- IV
ENTITLEMENT TO LEGAL SERVICES

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 Scheduled Caste or Scheduled Tribe;
(b) a victim of trafficking in human beings or begar as referred to in article 23 of the
Constitution;
(c) a woman or a child;
(d)12 a person with disability as defined in clause (i) of section 2 of the Persons With
Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of
1996);
(e) a person under circumstances of underserved want such as being a victim of a mass
disaster, ethnic, violence, caste atrocity, flood, drought, earthquake or industrial disaster; or
(f) an industrial workman; or
(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 (104 of 1956), or in a juvenile home
within the meaning of clause (j) of section 2 of the Juvenile Justice Act, 1986 (53 of 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 (14 of 1987); or
(h)13 in receipt of annual income less than rupees nine thousand or such other higher amount
as may be prescribed by the State Government, if the case is before a 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.

13. Entitlement of legal services.—

(1) Persons who satisfy all or any of 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 under this Act unless the concerned Authority
has reason to disbelieve such affidavit.

12
Subs. by Act 1 of 1996, s. 74, for clause (d) (w.e.f. 7-2-1996).
13
Subs. by Act 59 of 1994, s. 10, for clause (h) (w.e.f. 29-10-1994).

18
 CHAPTER- V
FINANCE, ACCOUNTS & AUDIT

14. Grants by the Central Government.—

The Central Government shall, 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.

15. National Legal Aid Fund.—

(1) The Central Authority shall establish a fund to be called the National Legal Aid Fund and
there shall be credited thereto—
(a) all sums of money given as grants by the Central Government under section 14;
(b) any grants or donations that may be made to the Central Authority by any other person for
the purposes of this Act;
(c) any amount received by the Central Authority under the orders of any court or from any
other source.
(2) The National Legal Aid Fund shall be applied for meeting—
(a) the cost of legal services provided under this Act including grants made to State
Authorities;
(b)14 the cost of legal services provided by the Supreme Court Legal Services Committee;
(c) any other expenses which are required to be met by the Central Authority.

16. State Legal Aid Fund.—

(1) 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 by the Central Authority for the purposes of
this Act;
(b) any grants or donations that may be made to the State Authority by the State Government
or by any person for the purposes of this Act;
(c) any other amount received by the State Authority under the orders of any court or from
any other source.
(2) A State Legal Aid Fund shall be applied for meeting—
(a) the cost of functions referred to in section 7;
(b)15 the cost of legal services provided by the High Court Legal Services Committee;
(c) any other expenses which are required to be met by the State Authority.

17. District Legal Aid Fund.—

(1) Every District Authority shall establish a fund to be called the District Legal Aid Fund
and there shall be credited thereto—
(a) all sums of money paid or any grants made by the State Authority to the District
Authority for the purposes of this Act;
(b)16 any grants or donations that may be made to the District Authority by any person, with
the prior approval of the State Authority, for the purposes of this Act;] (c) any other amount
received by the District Authority under the orders of any court or from any other source.

14
Subs. by s. 11, ibid., for clause (b) (w.e.f. 29-10-1994).
15
Subs. by Act 59 of 1994, s. 12, for clause (b) (w.e.f. 29-10-1994)
16
Subs. by s. 13, ibid., for clause (b) (w.e.f. 29-10-1994).

19
(2) A District Legal Aid Fund shall be applied for meeting—
(a) the cost of functions referred to in section 10 [and 11B]17;
(b) any other expenses which are required to be met by the District Authority.

18. Accounts and audit.—

(1) The Central Authority, State Authority, or the District Authority (hereinafter referred to in
this section as „the authority‟), as the case may be, shall maintain proper accounts and other
relevant records and prepare an annual statement of accounts including the income and
expenditure account and the balance-sheet in such form and in such manner as may be
prescribed by the Central Government in consultation with the Comptroller and Auditor-
General of India.
(2) The accounts of the Authorities shall be audited by the Comptroller and Auditor-General
of India at such intervals as may be specified by him and any expenditure incurred in
connection with such audit shall be payable by the Authority concerned to the Comptroller
and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any other person appointed by him in
connection with the auditing of the accounts of an Authority under this Act shall have the
same rights and privileges and authority in connection with such audit as the Comptroller and
Auditor-General of India has in connection with the auditing of the Government accounts
and, in particular, shall have the right to demand the production of books, accounts,
connected vouchers and other documents and papers and to inspect any of the offices of the
Authorities under this Act.
(4) The accounts of the Authorities, as certified by the Comptroller and Auditor-General of
India or any other person appointed by him in this behalf together with the audit report
thereon, shall be forwarded annually by the Authorities to the Central Government or the
State Governments, as the case may be.
(5)18 The Central Government shall cause the accounts and the audit report received by it
under sub-section (4) to be laid, as soon as may be after they are received, before each House
of Parliament.
(6) The State Government shall cause the accounts and the audit report received by it under
sub-section (4) to be laid, as soon as may be after they are received, before the State
Legislature.

17
Ins. by s. 13, ibid. (w.e.f. 29-10-1994).
18
Ins. by s. 14, ibid. (w.e.f. 29-10-1994).

20
 CHAPTER- VI
LOK ADALAT

1919.Organisation of Lok Adalats.—

(1) Every State Authority or District Authority or the Supreme Court Legal Services
Committee or every High Court Legal Services Committee or, as the case may be, 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.
(2) Every Lok Adalat organised for an area shall consist of such number of—
(a) serving or retired judicial officers; and
(b) other persons, of the area as may be specified by the State Authority or the District
Authority or the Supreme Court Legal Services Committee or the High Court Legal Services
Committee, or as the case may be, the Taluk Legal Services Committee, organising such Lok
Adalat.
(3) The experience and qualifications of other persons referred to in clause (b) of sub-section
(2) for Lok Adalats organised by the Supreme Court 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 of other persons referred to in clause (b) of sub-section
(2) for Lok Adalats other than referred to in sub-section (3) shall be such as may be
prescribed by the State Government in consultation with the Chief Justice of the High Court.
(5) A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or
settlement between the parties 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 under any law.

20. Cognizance of cases by Lok Adalats.—

(1) Where in any case referred to in clause (i) of sub-section (5) of section 19,— (i)
(a) the parties thereof agree; or
(b) one of the parties thereof makes an application to the Court, for referring the case to the
Lok Adalat for settlement and if such court is prima facie satisfied that there are chances of
such settlement; or (ii) the court is satisfied that the matter is an appropriate one to be taken
cognizance of by the Lok Adalat, the Court shall refer the case to the Lok Adalat: Provided
that no case shall be referred to the Lok Adalat under sub-clause (b) of clause (i) or clause (ii)
by such court except after giving a reasonable opportunity of being heard to the parties.
(2) Notwithstanding anything contained in any cither law for the time being in force, the
Authority or Committee organising the Lok Adalat under sub-section (1) of section 19 may,
on receipt of an application from any one of the parties to any matter referred to in clause (ii)
of sub-section (5) of section 19 that such matter needs to be determined by a Lok Adalat,
refer such matter to the Lok Adalat, for determination: Provided that no matter shall be
referred to the Lok Adalat except after giving a reasonable opportunity of being heard to the
other party.

19
Subs. by s. 15, ibid., for sections 19 and 20 (w.e.f. 29-10-1994)

21
(3) Where any case is referred to a Lok Adalat under sub-section (1) or where a reference has
been made to it under sub-section (2), the Lok Adalat shall proceed to dispose of the case or
matter and arrive at a compromise or settlement between the parties.
(4) Every Lok Adalat shall, while determining any reference before it under this Act, act with
utmost expedition to arrive at a compromise or settlement between the parties and shall be
guided by the principles of justice, equity, fair play and other legal principles.
(5) Where no award is made by the Lok Adalat on the ground that no compromise or
settlement could be arrived at between the parties, the record of the case shall be returned by
it to the court, from which the reference has been received under sub-section (1) for disposal
in accordance with law.
(6) Where no award is made by the Lok Adalat on the ground that no compromise or
settlement could be arrived at between the parties, in a matter referred to in sub-section (2),
that Lok Adalat shall advice the parties to seek remedy in a court.
(7) Where the record of the case if returned under sub-section (5) to the court, such court
shall proceed to deal with such case from the stage which was reached before such reference
under sub-section (1)

21. Award of Lok Adalat.— (1)20 Every award of the Lok Adalat shall be deemed to be a
decree of a civil court or, as the case may be, an order of any other court and where a
compromise or settlement has been arrived at, by a Lok Adalat in a case referred to it under
sub-section (1) of section 20, the court-fee paid in such case shall be refunded in the manner
provided under the Court-fees Act, 1870 (7 of 1870).
(2) Every award made by a Lok Adalat shall be final and binding on all the parties to the
dispute, and no appeal shall lie to any court against the award.

22. Powers of 2 [Lok Adalat or Permanent Lok Adalat.]—

(1) The 2 [Lok Adalat or Permanent Lok Adalat] shall, for the purposes of holding any
determination under this Act, have the same powers as are vested in a Civil Court under the
Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following
matters, namely:—
(a) the summoning and enforcing the attendance of any witness and examining him on oath;
(b) the discovery and production of any document;
(c) the reception of evidence on affidavits;
(d) the requisitioning of any public record or document or copy of such record or document
from any court or office; and
(e) such other matters as may be prescribed.
(2) Without prejudice to the generality of the powers contained in sub-section (1), every 2
[Lok Adalat or Permanent Lok Adalat] shall have the requisite powers to specify its own
procedure for the determination of any dispute coming before it.
(3) All proceedings before a 2 [Lok Adalat or Permanent Lok Adalat] shall be deemed to be
judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal
Code (45 of 1860) and every 2 [Lok Adalat or Permanent Lok Adalat] shall be deemed to be
a Civil Court for the purpose of section195 and Chapter XXVI of the Code of Criminal
Procedure, 1973 (2 of 1974).

20
Subs. by Act 59 of 1994, s. 16, for sub-section (1) (w.e.f. 29-10-1994),

22
 CHAPTER- VI A
PRE-LITIGATION CONCILIATION AND SETTLEMENT

22A. Definitions.—
In this Chapter and for the purposes of sections 22 and 23, unless the context otherwise
requires,—
(a) “Permanent Lok Adalat means a Permanent Lok Adalat established under sub-section (1)
of section 22B;
(b) “public utility service” means any— (i) transport service for the carriage of passengers
or goods by air, road or water; or (ii) postal, telegraph or telephone service; or (iii)
supply of power, light or water to the public by any establishment; or (iv) system of
public conservancy or sanitation; or (v) service in hospital or dispensary; or (vi)
insurance service, and includes any service which the Central Government or the State
Government, as the case may be, in the public interest, by notification, declare to be a
public utility service for the purposes of this Chapter.

22B. Establishment of Permanent Lok Adalats.—

(1) Notwithstanding anything contained in section 19, the Central Authority or, as the
case may be, 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.
(2) Every Permanent Lok Adalat established for an area notified under sub-section (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 Government or, as the case may be, the State Government on
the recommendation of the Central Authority or, as the case may be, the State Authority,
appointed by the Central Authority or, as the case may be, the State Authority,
establishing such Permanent Lok Adalat and the other terms and conditions of the
appointment of the Chairman and other persons referred to in clause (b) shall be such as
may be prescribed by the Central Government.

22C. Cognizance of cases by Permanent Lok Adalat.—

(1) Any party to a dispute may, before the dispute is brought before any court, make an
application to the Permanent Lok Adalat for the settlement of dispute: Provided that
the Permanent Lok Adalat shall not have jurisdiction in respect of any matter relating
to an offence not compoundable under any law: Provided further that the Permanent
Lok Adalat shall also not have jurisdiction in the matter where the value of the
property in dispute exceeds ten lakh rupees: Provided also that the Central
Government, may by notification, increase the limit of ten lakh rupees specified in
the second proviso in consultation with the Central Authority.

(2) After an application is made under sub-section (1) to the Permanent Lok Adalat, no party
to that application shall invoke jurisdiction of any court in the same dispute.
(3) Where an application is made to a Permanent Lok Adalat under sub-section (1), 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

23
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 in proof of such facts and grounds and shall send a copy
of such statement together with a copy of such document and other evidence, if any, to each
of the parties to the application;
(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 from any party to the
application to the other party, to enable such other party to present reply thereto.
(4) When statement, additional statement and reply, if any, have been filed under sub-section
(3), to the satisfaction of the Permanent Lok Adalat, it shall conduct conciliation proceedings
between the parties to the application in such manner as it thinks appropriate taking into
account the circumstances of the dispute.
(5) The Permanent Lok Adalat shall, during conduct of conciliation proceedings under sub-
section (4), 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 the application to cooperate in good faith with the
Permanent Lok Adalat in conciliation of the dispute relating to the application and to comply
with the direction of the Permanent Lok Adalat to produce evidence and other related
documents before it.
(7) When a Permanent Lok Adalat, in the aforesaid conciliation proceedings, is of opinion
that there exist elements of settlement in such proceedings 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 under sub-section (7), the Permanent Lok
Adalat shall, if the dispute does not relate to any offence, decide the dispute. 22D. Procedure
of Permanent Lok Adalat.—The Permanent Lok Adalat shall, while conducting conciliation
proceedings or deciding a dispute on merit under this Act, 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 (5 of 1908) and the Indian Evidence Act, 1872
(1 of 1872). 22E. Award of Permanent Lok Adalat to be final.—
(1) Every award of the Permanent Lok Adalat under this Act made either on merit or in terms
of a settlement agreement shall be final and binding on all the parties thereto and on persons
claiming under them.
(2) Every award of the Permanent Lok Adalat under this Act shall be deemed to be a decree
of a civil court.
(3) The award made by the Permanent Lok Adalat under this Act shall be by a majority of the
persons constituting the Permanent Lok Adalat.
(4) Every award made by the Permanent Lok Adalat under this Act shall be final and shall
not be called in question in any original suit, application or execution proceeding.
(5) The Permanent Lok Adalat may transmit any award made by it to a civil court having
local jurisdiction and such civil court shall execute the order as if it were a decree made by
that court.

24
 CHAPTER- VII
CASE STUDY

 CASES ON RIGHT OF FREE LEGAL AID

 Hussainara Khatoon v. Home Secretary, State of Bihar [(1980) 1 SCC 98]
Facts: This petition was a result of an alarmingly large number of men and women, children
being put behind the bars for years awaiting trial in courts of law. It was brought to the notice
of Supreme Court that most of the under trials have already under gone the punishment much
more than what they would have got, had they been convicted without any delay. The people
being caught were charged with trivial offences, which even if proved, would not warrant
punishment for more than a few months, perhaps a year or two, and yet they remained in jail,
deprived of their freedom, for periods ranging from three to ten years without even as much
as their trial having commenced.

Decision: Immediate release of these under trials was ordered as many of them were kept in
jail without trial or even without a charge. The court held that the state could not be permitted
to deny the constitutional right of speedy trial to the accused on the ground that the State has
no adequate financial resources to incur the necessary expenditure needed for improving the
administrative and judicial apparatus with a view to improving speedy trial.

 Khatri v. State of Bihar II [(1981) 1 SCC 635]

Facts: Several petitions were filed under Article 32 for the enforcement of fundamental
rights under Article 21 on the allegation that they were blinded by the police while they were
in its custody. The question arose whether the Court could order production of certain reports
submitted by the CID to the State government and some correspondence between the
government and certain officials.

Decision: Immediate release of these under trials was ordered as many of them were kept in
jail without trial or even without a charge. The court held that the state could not be permitted
to deny the constitutional right of speedy trial to the accused on the ground that the State has
no adequate financial resources to incur the necessary expenditure needed for improving the
administrative and judicial apparatus with a view to improving speedy trial.

 Indira Gandhi v. Raj Naraian [AIR 1977 SC 69]

Facts: In the general parliamentary elections held in 1971, the appellant won the elections
over her nearest rival- Mr. Ram Narain. Mr. Ram Narain was sponsored by the Samyukta
Socialist Party, that filed an election petition under S. 80 r/w S. 100 of the Representation of
People’s Act, 1951 to challenge the election of the successful candidate. A learned single
judge in Allahabad High Court upheld the challenge on two grounds rejecting the other
grounds of challenge. The learned judge also granted an absolute stay for 20 days. The
appellant moved to the Supreme Court challenging the decision against her, by the High
Court.

Decision: The Court held: "Rule of Law is basic structure of constitution of India. Every
individual is guaranteed the rights given to him under the constitution. No one so condemn
unheard. Equality of justice should be given to everyone. There ought to be a violation to the
fundamental right or prerogatives, or privileges, only then remedy goes to Court of Law. But
also at the stage when he first is produced before the magistrate. In absence of legal aid, trial
is vitiated "

25
  Ajmal Kasab v. State of Maharashtra [(2012) 9 SCC 1]
Facts: Some of the major charges against him were: conspiracy to wage war against the
Government of India; collecting arms with the intention of waging war against the
Government of India; waging and abetting the waging of war against the Government of
India; commission of terrorist acts; criminal conspiracy to commit murder; criminal
conspiracy, common intention and abetment to commit murder; committing murder of a
number of persons; attempt to murder with common intention; criminal conspiracy and
abetment; abduction for murder; robbery/dacoity with an attempt to cause death or grievous
hurt; and causing explosions punishable under the Explosive Substance Act, 1908.

Decision: It was held that 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, one would be provided legal aid at the expense of the
State. There is an absolute obligation on the court to provide the accused with legal
assistance, unless he himself clearly refuses to such facility, in a clear and unambiguous
manner. The Court also directed all the magistrates in the country to faithfully discharge the
aforesaid duty and obligation and further make it clear that any failure to fully discharge the
duty would amount to dereliction in duty and would make the concerned magistrate liable to
departmental proceedings. 9. Rajoo @ Appeal filed by all the convicted It was held by the
Supreme

 CASES ON THE WORKING OF LEGAL AID FUNCTIONARIES UNDER

THE LEGAL SERVICES AUTHORITY ACT, 1987.

 Kalaben Kalabhai Desai v. Alabhai Karamshibhai Desai, AIR 2000 Guj

232 (233): (2000) 4 Cur CC 419.
Facts: The revision application under Section 115 of C.P.C. filed by the wife against the
order of the learned Civil Court, Mahesana. Under the order, the learned trial Court awarded
the interim maintenance to the wife petitioner and her minor son, towards the litigation
expenses, certain amount has been has been awarded. This is challenged.

Decision: It is unfortunate that the programme of free legal services is not 51 successful to
the extent to what it should have been because of the noncooperative attitude of the members
of the Bar. The judicial officers are also equally responsible for the non-availability of these
benefits to this class of litigants. In each case where a woman or child is a party, it is equally
a duty of the judicial officer concerned to let them know that they are entitled for free legal
aid.

 Supreme Court Legal Aid Committee v. Union Of India & Ors. [(1998)5
SCC 762]
Facts: It appears that while the provisions of the Act except Chapter III have been extended
to all the States vide Notification dated November 9, 1995, the provisions of Chapter III have
not been extended to a number of States and Union Territories for the reason that for the
purpose of extending the provisions of Chapter III, it is necessary that the concerned State
Government/Union Territory Administration should have framed the relevant rules under
Section 28 of the Act. It has been stated that since rules have not been framed in certain
States/Union Territories, provisions of Chapter III have not been extended there.

26
Decision: It was directed that in the States/ Union Territories where the High Court Legal
Services Committee has not been constituted either because of the absence of the regulations
or even though the regulations have been made such committee has not been constituted, the
concerned State Government/ Union Territory Administration shall frame the regulations and
constitute the High Court Legal Service Committee within a period of two months. There are
many States and UTs where inspite of the rules having been framed, steps have not been
taken to constitute the various committees as given by the Act. It was also directed that the
States/ Union Territories in which the various committees have not been constituted in
accordance with the rules, had to constitute the various committees under the Act within a
period of two months.

27
 CHAPTER- VIII
CONTRIBUTION OF LEGAL SERVICES AUTHORITY TO
SOCIETY {SCHEMES}

 NALSA (Legal Services to Disaster Victims Through Legal Services Authorities),

Scheme, 2010

The objective of the scheme is to provide legal services to the victims of disaster - both
manmade and natural - who are under circumstances of undeserved want being victims of
mass disaster, ethnic violence, caste atrocities, flood, drought, earth-quake or industrial
disasters.
The intervention of Legal Services Authorities should be for coordinating the integrated,
strategic and sustainable development measures taken by the Government and Disaster
management Authorities for reducing the period of crises and for building a platform for
early recovery and development. The thrust of the efforts for by the State Legal Services
Authorities shall be for strengthening the capacity of the victims for managing the disaster at
all levels and to coordinate with the Government departments and non-governmental
organisations and also for providing legal aid to the victims.

 NALSA (Victims of Trafficking and Commercial Sexual Exploitation) Scheme,

2015

The objective of the Scheme is to provide legal services to address the concerns of victims of
trafficking including women of all age groups and at every stage: ie prevention, rescue and
rehabilitation. The thrust of the scheme is to provide economic and social pathways for these
marginalised groups so that they are socially included and thus get all social protections
available to an ordinary citizen. The interventions of the legal services authorities should be
to ensure the protection of the dignity of the victims which is as much their fundamental right
to a life as of any other citizen. In order that the already marginalised voluntary sex workers
are not excluded from the assistance of the legal services authorities, they are also considered
victims of commercial sexual exploitation, apart from those children and adults who are
trafficked for the purpose.

 NALSA (Protection and Enforcement of Tribal Rights) Scheme, 2015

The Scheme is aimed at ensuring access to justice to the Tribal People in India. The access to
justice would be facilitated in all its connotations, i.e. access to rights, benefits, legal aid,
other legal services, etc., so that the assurance of the Constitution of justice social, economic
and political, is meaningfully experienced by the tribal population in the country.
Several legal rights are guaranteed to the tribal people under:
 The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006 – (FRA)
 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989,
 The Right of children to Free and Compulsory Education Act, 2009,
 The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013.

28
  NALSA (Legal Services to Senior Citizens) Scheme, 2016

The main objectives of the Scheme are as follows:

1) To outline the basic rights and benefits that should be accorded to senior citizens;
2) To strengthen legal aid and representation at the national, state, district and taluka levels
for senior citizens who are entitled under Section 12 of the Legal Services Authorities Act,
1987 in availing the benefits of the various legal provisions which exist;
3) To ensure access to various Governmental Schemes and programmes to the senior citizens;
4) To ensure that the authorities and institutions such as the Tribunals and the Appellate
Tribunals under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007,old
age homes for senior citizens have been established;
5) To create and spread awareness about the rights and entitlements of the senior citizens
under the various laws and Governmental Schemes and programmes through the District
Legal Services Authorities, Taluka Legal Services Committees, panel lawyers, para-legal
volunteers, students and legal services clinics;
6) To enhance capacities at all levels of panel lawyers, para-legal volunteers, volunteers in
legal services clinics, government officers tasked with the implementation of the various
schemes, service providers, police personnel, non-governmental organizations by organizing
training, orientation and sensitization programmes; and
7) To undertake research and documentation to study the various schemes, laws etc. to find
out the gaps, the needs and to make suggestions to the appropriate authorities.

 NALSA (Legal Services to the Victims of Drug Abuse and the Eradication of the
Drug Menace) Scheme, 2015

To disseminate awareness amongst the general masses regarding the Legal Provisions,
various Policies, Programmes and Schemes, in respect of Narcotic Drugs and Psychotropic
Substances as well as to create awareness about the ill effects of drug abuse amongst the
children in schools and colleges, street children, urban slum children, injective drug user(s),
families, prisoners, workers in unorganized Sector, Chemists, drug pedlars, sex workers and
general masses etc.

Organizing literacy camps for sensitizing the farmers who are carrying out permissible
cultivation of various substances/source plants about the adverse health and life threatening
effects of consumption of such drugs and substances.

To spread awareness amongst the parents, teachers and students about the ill effects of the
substance abuse.

To maintain effective coordination with the Drug De-Addiction Centres. and Rehabilitation
Centres etc. for better facilities and respect for the rights of the victims and to intervene, if
any, breach is noticed.

To mobilize the available infrastructure in identifying the victims of drug abuse, their
treatment and post detoxification rehabilitation.

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 CHAPTER- IX
DATA ANALYSIS

30
31
 GALLERY

FIG: BIHAR STATE LEGAL SERVICES AUTHORITY, PATNA.

32
FIG: NYAAY RATH

FIG: BSLSA OFFICE

33
FIG: TELE LAW SERVICES.

FIG: IN BSLSA OFFICE.

34
 CONCLUSION

In a genuinely 'social welfare oriented state' every individual however big or small, rich or
poor, endowed with or deprived of, has a definite role and importance. Largeness of society,
inadequate economic resources and complicated procedures can never be an excuse for the
legal system failing to realise the importance of justice to everyone An effective and
functioning system of legal aid is one of the indicators of a fair and just, justice
administrative system. This study has been oriented around this concept of rendering
effective justice while there is an added obligation on the state to provide the necessary
assistance and support to the needs of the poor and deserving, so that justice prevails.
Legal aid is therefore a universal concept and an international obligation of every nation
which claims to be part of the civilized international cornmunity gives due reverence to this
concept of the universality of States' obligation. The international conventions and practices
of several differently placed nations have a system of effective legal aid to claim itself to be a
nation governed by rule of law. India of course has not been lagging behind in this
endeavour; we in India would naturally draw from our ancient heritage and culture. In that
sense legal aid did exist though rudimentary in nature right from the Vedic ages. Of course
like many other matters the concept did not flourish or enlarge as it should have. The fine
thread and sense of social belongingness and responsibility did .continue to exist in the
subsconsiouness of the nation as traced in the third chapter. The subsequent periods of history
did not ignore or discard the need and idea of legal aid. Despite the different rules and
different systems the legal aid continues to exist. It could be asserted with certainty that at no
point of time in the history of India that the nation existed without legal aid system as amply
explained and illustrated in the fifth chapter. Of course legal aid as a vehicle would be
ineffective without a system of procedures. The fundamental procedural law applicable in the
Indian justice delivery system viz. C. P. C and Cr. P. C clearly brings out the intention of the
law makers that legal aid has to be an essential component of justice. The intricacies and
detailed procedures and its efficacy in providing legal aid is critically analysed in the :sixth
chapter.% If anyone anywhere spealcs of the Indian Justice delivery system the first thought
that comes to one's mind is that of our judiciary and more so of the Supreme Court, which
has effectively proved not only to the nation but to the whole world that India is a democratic
nation ruled by law. It is of course, no doubt, judiciary that has asserted itself in ensuring
legal aid which should become the order of the day. Thanks to stalwarts like Justice Bhagwati
and Justice ICrishna Iyer that legal aid has become a respectable right to the poor and needy
in India. Their judgments as cited in this chapter confirm the fact that giving of legal aid is a
sine qua non of just judicial system. One can ascertain that if not for the stem and
uncompromising insistence of these judges of the High Courts and the Supreme Court, legal
aid in its present form might have been delayed at least by half a century.
The major obstacle that lies in the development of India, as a country, is the irregular
distribution of wealth. Today, 80% of the wealth in India is possessed by 20% of the
population. And the remaining 80% of the populations remains disadvantaged as far as the
enforcement of their rights is concerned. Since, the majority of population survives in dearth
of monetary resources, they mostly are reluctant to approach the Court of Law for the
enforcement of their rights. This is why the concept of free legal aid was like a basic
necessity in India, to impart social justice to each and every individual, irrespective of any
discrimination. The judiciary in India has always played an active role when it came to the
interpretation of provisions concerning free legal aid and the approach has always been the
one that favored the weaker and the disadvantaged sections of the society. Justice P. N.
Bhagwati and Justice V. R. Krishna Iyer, were the first judges to concede PILs in court.

35
Filing a PIL is not as bulky as a standard lawful case; there have been occurrences when
letters and telegrams tended to the court have been taken up as PILs and heard them. This
was developed by the judiciary in the way it is now, so that the needs of the poor did not
remain unheard. Prior to the 1980s, just the distressed party could approach the courts for
equity. After the crisis period the high court connected with the general population,
formulating a methods for any individual of people in general (or a NGO) to approach the
court looking for legitimate cure in situations where the general population interest was in
question. This shows that the representation of people in the courts has been a prime concern
of the judiciary so that the ideals and goals laid down in the preamble could actually be there
in practice.
The legislature has also been active in this regard. Article 39A of the Constitution of India,
was enacted so as to promote, protect and deliver social justice, by the way of law. The idea
of Public Interest Litigation (PIL) was developed in the same line of the progression as in
concern with the standards revered in Article 39A of the Constitution of India to secure and
convey brief social equity with the help of law. The Legal Services Authority Act, 1987 was
brought into force with the main aim of providing a proper set of laws providing for the
establishment of the authorities that would deal exclusively with rendering free legal
assistance to the persons eligible under the act under Section 12. But the authorities so
formed, still face challenges which pose as obstacles in achieving the purpose for which the
law has been enacted. Even though the higher judiciary in India has also been active, but
some activity is also required on the part of subordinate Judiciary. The judges working at the
district court need to work on the individualistic approach. As even today people are reluctant
to approach courts. So this reluctance towards the legal process needs to be essentially
removed from within the people and the judges need to develop a more individualistic
approach rather than a collective one.

36
 SUGGESTIONS

It may not be adequate to end this thesis merely on conclusions but as an individual
genuinely concerned about the system of legal aid, it is felt that some concrete and pragmatic
suggestions will help the authorities, as to the areas and moot points in which the immediate
and possible actions could be initiated. The suggestions are:

1. Sincere and honest advocates who are interested in the case and competent to handle
should be appointed for legal aid, and not merely on the basis of seniority. To create
confidence in the litigant about the system of legal aid, appointment of legal aid counsel
plays a vital role.
2. The appointed advocates are not supposed to receive any additional fees from client even
for stationery as they can claim from the Legal Services Authorities. The Concept of Legal
Aid would be defeated as long as legal aid advocates demand the additional fees from the
clients in the name of stationery or something else.
3. Judges have to appoint /request Senior Advocates where nature of the case so requires it,
in-espective of whether he is a panel advocate or not. Judges have to appoint advocates
depending on the nature of the case and should not appoint just any advocate in the panel
who may not do justice to the case. If the case is of a serious nature they can inform a Senior
Advocate to talce up the matter even though he is not on the legal aid panel.
4. Legal Aid Advocates should themselves deal with the case; they are not supposed to
delegate the work to their untrained or budding junior advocates. This is especially so, when
the case reaches trial stage and argument level, Legal Aid advocate has to handle the case
personally and with utmost sincerity and more conunitments.
5. The advocates have to deal with legal aid cases in such a way as to erase the blame, that
convictions are more, in legal aid cases. Otherwise the basic object of Art.39A of the Indian
Constitution and the efforts of great judges like Justice Bhagwati and Justice Krishna Iyer on
legal aid movement would become futile.
6. Law students are to be permitted to assist the legal aid advocates in the manner students
assist the Judges in the High Courts and the Supreme Court. Legal Services Authorities and
Judiciary have to recognise the importance of law students, towards legal aid system and
allow them to handle minor proceedings just as fmal year medical students are allowed to
help the doctors in initial stages. Same concept can be adopted by the Legal Services
Authorities.

37
7. Every judge on completion of a case has to record his comment about the performance of
the legal aid advocate during such trials. This will be a check on the performance of
advocates in legal aid cases. It will help to improve the quality of services of advocates in
legal aid cases.
8. There is a need to check the efficacy of the legal aid camps. Thereby the authorities can
plan for the future programmes more effectively.

38
 BIBLIOGRAPHY

 BOOKS:
 KAMAL PUBLISHERS,2017 Edition, LAWMANN’S; LEGAL SERVICES
AUTHORITY ACT, 1987
 CENTRAL LAW PUBLICATION,2014 Edition, Dr. Tripathi G.P

 INTERNET SOURCES:
 https://nalsa.gov.in/acts
 http://bslsa.bih.nic.in/PDF/acts16/The%20Legal%20Service%20Autho
rities%20Act,%201987.pdf
 http://shodhganga.inflibnet.ac.in/bitstream/10603/12650/13/13_chapter
%209.pdf
 http://www.nja.nic.in/Interns_Report_2015-
16/Research%20Report%20Mitali%20Vani%2027-11-15.pdf


39