Legal Aid : Concepts,

Practice
And Legal Services
Authority Act.

History of Legal Aid:

-Legal Aid implies giving free legal services to the poor and
needy who cannot afford the services of a lawyer for the conduct
of a case or a legal proceeding in any court, tribunal or before an
authority. The earliest Legal Aid movement appears to be of the
year 1851 when some enactment was introduced in France for
providing legal assistance to the indigent. In Britain, the history
of the organized efforts on the part of the State to provide legal
services to the poor and needy dates back to 1944, when Lord
Chancellor, Viscount Simon appointed Rushcliffe Committee to
enquire about the facilities existing in England and Wales for
giving legal advice to the poor and to make recommendations as
appear to be desirable for ensuring that persons in need of legal
advice are provided the same by the State.
- One need not be a litigant to seek aid by means of legal aid.
Legal aid is available to anybody on the road. Justice Blackmun in
Jackson v. Bishop says that; "The concept of seeking justice
cannot be equated with the value of dollars. Money plays no role

>Growth of Legal Aid in India:

- Since 1952, the Govt. of India also started addressing to the
question of legal aid for the poor in various conferences of Law
Ministers and Law Commissions. In 1960, some guidelines were
drawn by the Govt. for legal aid schemes. In different states
legal aid schemes were floated through Legal Aid Boards,
Societies and Law Departments. In 1980, a Committee at the
national level was constituted to oversee and supervise legal
aid programmes throughout the country under the
Chairmanship of Hon. Mr. Justice P.N. Bhagwati then a Judge of
the Supreme Court of India. This Committee came to be known
as CILAS (Committee for Implementing Legal Aid Schemes) and
started monitoring legal aid activities throughout the country.
The introduction of Lok Adalats added a new chapter to the
justice dispensation system of this country and succeeded in
providing a supplementary forum to the litigants for conciliatory
settlement of their disputes. In 1987 Legal Services Authorities
Act was enacted to give a statutory base to legal aid
programmes throughout the country on a uniform pattern. This

> Concept of Legal Aid

- The concept of legal aid is in the form of Article 39A into our
constitutional framework. Hence, legal aid is not a charity or
bounty, but is a constitutional obligation of the state and right of
the citizens. The problems of human law and justice, guided by the
constitutional goals to the solution of disparities, agonies,
despairs, and handicaps of the weaker, yet larger brackets of
Bharats humanity is the prime object of the dogma of equal
justice for all. Thus, legal aid strives to ensure that the
constitutional pledge is fulfilled in its letter and spirit and equal
justice is made available to the downtrodden and weaker sections
of the society. It is the duty of the State to see that the legal
system promotes justice on the basis of equal opportunity for all
its citizens. It must therefore arrange to provide free legal aid to
those who cannot access justice due to economic and other
disabilities.
- The Legal Aid is not a matter of charity but it can be claimed as a

- 42nd Amendment Act, 1976, inserted a new Article 39 (A) in

the Constitution of India this way a significant step in the
direction of Constitutionalisation of Legal Aid. The relevant
provisions in the Code of Criminal Procedure and the Code of Civil
Procedure have also amended for securing equal and social
Justice in criminal as well as civil cases.
>Contributions

Made By Justice
V.R.Krishna Iyer:
- The contribution of justice Krishna Iyer towards the
development and incorporation of the concept of legal aid in the
Indian legal system has been tremendous. His report titled
Processionals justice to poor has gone a step further in enabling
the recognition of the poor for the purpose of giving legal aid.
- Justice Krishna Iyer was appointed as the Chairman of
Committee for Legal Aid. The Committee was formulated as on
the 22nd day of October 1972. The Committee after conducting
sample surveys of large part of the country submitted a 275

- The report clearly laid down that it is a democratic obligation of

the State towards its subject to ensure that the legal system
becomes an effective tool in helping secure the ends of social
justice.
-Justice Krishna Iyer regarded the Legal Aid program as a catalyst
which would enable the aggrieved masses to re-assert State
responsibility under Part IV of the Constitution.

Contributions Made By Justice P.N.Bhagwati :

Justice P.N. Bhagwati practiced at the High Court, Bombay, he
became a Judge of the Gujarat High Court on 21st July, 1960, and
became Chief Justice of Gujarat on 16th September, 1967. On 17th
July, 1973, he became the judge of the Supreme Court of India. He
was also Chairman of the Legal Aid Committee appointed by the
Government of Gujarat for suggesting ways and means of
providing free legal aid and advice to the poor and weaker section
of the community; and also acted as Chairman of the State Legal
Aid Committee for running the Pilot Project of free Legal Aid and
Advice in Gujarat. He worked successfully to build up an elaborate

He is widely regarded as the originator of Indias legal aid

programme, including setting up of legal aid camps in rural
areas, working with NGOs, establishing legal aid clinics etc.
- In a report on Free Legal Aid in 1971. Justice Bhagwati
observed " even while retaining the adversary system, some
changes may be effected whereby the judge is given greater
participatory role in the trail so as to place poor, as far as
possible, on a footing of equality with the rich in the
administration of justice.
The report headed by him, in detail stated the constitution
and the working of different legal committees such as:
(a) The Taluka Legal aid Committee
(b) The District Legal aid Committee
(c) The State Legal Aid Committee

>Legal Services Authorities Act, 1987:

Criterion For Providing Legal Aid:
- Section 12 of the Legal Services Authorities Act, 1987
prescribes the criteria for giving legal services to the eligible
persons. Section 12 of the Act reads as under: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) a mentally ill or otherwise disabled person;
(e) 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
(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.
(h) 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
(i) in receipt of annual income less than rupees nine thousand
or such other higher amount as may be prescribed by the
State Govt., 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
Govt., if the case is before the Supreme Court.
(Rules have already been amended to enhance this income
ceiling).
- Legal Services Authorities after examining the eligibility
criteria of an applicant and the existence of a prima facie case
in his favour provide him counsel at State expense, pay the
required Court Fee in the matter and bear all incidental
expenses in connection with the case. The person to whom

>Hierarchy Of Bodies Created Under

The Act:
- A nationwide network has been envisaged under
the Act for providing legal aid and assistance.
National Legal Services Authority is the apex body
constituted to lay down policies and principles for
making legal services available under the
provisions of the Act and to frame most effective
and economical schemes for legal services. It also
disburses funds and grants to State Legal Services
Authorities and NGOs for implementing legal aid
schemes and programmes.
- In every State a State Legal Services Authority is
constituted to give effect to the policies and
directions of the Central Authority (NALSA) and to

- A serving or retired Judge of the High Court is

nominated as its Executive Chairman.
- District Legal Services Authority is constituted in
every District to implement Legal Aid Programmes and
Schemes in the District. The District Judge of the
District is its ex-officio Chairman.
- Taluk Legal Services Committees are also constituted
for each of the Taluk or Mandal or for group of Taluk or
Mandals to coordinate the activities of legal services in
the Taluk and to organise Lok Adalats. Every Taluk
Legal Services Committee is headed by a senior Civil
Judge operating within the jurisdiction of the
Committee who is its ex-officio Chairman.

- National Legal
Services(NALSA)
- Supreme Court Legal
Services Committee
- State Legal Services
Authority:
- High Court Legal Services
Committee
- District Legal Services

>Constitutional provisions:
Article 39A of the Constitution of India provides that State
shall secure that the operation of the legal system
promotes justice on a basis of equal opportunity, and shall
in particular, provide free legal aid, by suitable legislation
or schemes or in any other way, to ensure that
opportunities for securing justice are not denied to any
citizen by reason of economic or other disability. Articles
14 and 22(1) also make it obligatory for the State to
ensure equality before law and a legal system which
promotes justice on a basis of equal opportunity to all.
Legal aid strives to ensure that constitutional pledge is
fulfilled in its letter and spirit and equal justice is made
available to the poor, downtrodden and weaker sections of
the society. Sec. 304, Criminal Procedure Code: The
Constitutional duty to provide legal aid arises from the
time the accused is produced before the Magistrate for

> Saleint features of Legal Services

Authorities Act, 1987:
- Section 19
1.Central, State, District and Taluk Legal Services
Authority has been created who are responsible for
organizing Lok Adalats at such intervals and place.
2.Conciliators for Lok Adalat comprise the following: a. A sitting or retired judicial officer.
b. other persons of repute as may be prescribed by the
State Government in consultation with the Chief Justice of
High Court.
- Section 20: Reference of Cases
Cases can be referred for consideration of Lok Adalat as
under:1. By consent of both the parties to the disputes.

be taken cognizance of by the Lok Adalat.

4. Compromise settlement shall be guided by the
principles of justice, equity, fair play and other legal
principles.
5. Where no compromise has been arrived at through
conciliation, the matter shall be returned to the
concerned court for disposal in accordance with Law.
- Section 21
After the agreement is arrived by the consent of the
parties, award is passed by the conciliators. The matter
need not be referred to the concerned Court for consent
decree.
The Act provisions envisages as under:
1. Every award of Lok Adalat shall be deemed as decree
of Civil Court.

on all the parties to the dispute.

3. No appeal shall lie from the award of the Lok
Adalat.
- Section 22
Every proceedings of the Lok Adalat shall be
deemed to be judicial proceedings for the purpose
of :1. Summoning of Witnesses.
2. Discovery of documents.
3. Reception of evidences.
4. Requisitioning of Public record.
- According to section 2(1) (a) of the Act, legal aid
can be provided to a person for a 'case' which
includes a suit or any proceeding before a court.

any tribunal or any other authority constituted

under any law for the time being in force, to
exercise judicial or quasi-judicial functions. As per
section 2(1)(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.

>Supreme Court Cases that led to the

development of Legal Aid in India
- Hussainara Khatoon & Ors. (V) v. Home
Secretary:
The linkage between Article 21 and the right to free legal aid was
forged in the decision in Hussainara Khatoon v. State of Bihar where
the court was appalled at the plight of thousands of undertrials
languishing in the jails in Bihar for years on end without ever being
represented by a lawyer. The court declared that "there can be no
doubt that speedy trial, and by speedy trial, we mean reasonably
expeditious trial, is an integral and essential part of the
fundamental right to life and liberty enshrined in Article 21." The
court pointed out that Article 39-A emphasised that free legal
service was an inalienable element of reasonable, fair and just
procedure and that the right to free legal services was implicit in
the guarantee of Article 21. In his inimitable style Justice Bhagwati
declared:
"Legal aid is really nothing else but equal justice in action. Legal aid
is in fact the delivery system of social justice. If free legal services

- Further in the case of Hussainara Khatoon & Ors. (V) v.

Home Secretary, State of Bihar, Patna Justice Bhagwati held
that: "its the constitutional right of every accused person
who is unable to engage a lawyer and secure legal services
on account of reasons such as poverty, indigence or
incommunicado situation, to have free legal services
provided to him by the State and the State is under a
constitutional mandate to provide a free lawyer to such
accused person if the needs of justice so require. If free
legal services are not provided to such an accused, the trial
itself may run the risk of being vitiated as contravening
Article 21 and it is hoped that every State Government
would try to avoid such a possible eventuality.

Khatri & Ors. (II) v. State of Bihar & Ors.:

Bhagmati J. observed;
Right to free legal aid, just, fail and reasonable
procedures is a fundamental right (Khatoons Case). It is
elementary that the jeopardy to his personal liberty
arises as soon as the person is arrested and is produced
before a magistrate for it is at this stage that he gets the
1st opportunity to apply for bail and obtain his release
as also to resist remain to police or jail custody. This is
the stage at which and accused person needs
competent legal advice and representation. No
procedure can be said to be just, fair and reasonable
which denies legal advice representation to the accused
at this stage. Thus, state is under a constitutional
obligation to provide free to aid to the accused not only
at the stage of .... Every individual of the society are
entitled as a matter of prerogative..

- Indira Gandhi v. Raj Narain

The Court said:
"Rule Of Law is basic structure of constitution of India.
Every individual is guaranteed the its give to him under
the constitution. No one so condemn unheard. Equality of
justice. There ought to be a violation to the fundamental
right or prerogatives, or privileges, only then remedy go
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.
- Kara Aphasia v. State of Bihar:
Justice Bhagwati while delivering the judgement in the case of
Kara Aphasia v. State of Bihar, where the petitioners were
young boys of 12-13 years when arrested, and were still
languishing in jail for over 8 years. They also alleged to have
been kept in leg irons and forced to do work outside the jail,

competent lawyer at the cost of the State, since legal aid in

a criminal case is a fundamental right implicit in Article 21.
- Legal Research & Anr. v. State of Kerala:
In Centre for Legal Research & Anr. v. State of Kerala ,
Chief Justice Bhagwati took a step further and laid down
norms or guide-lines laid down for State to follow in giving
support and cooperation to voluntary organizations and
social action groups in operating legal aid programmers and
organizing legal aid camps and lok adalats or niti melas.
While delivering the judgment Bhagwati, C.J., stated that the
writ petition raised a question as to whether voluntary
organizations or social action groups engaged in the legal
aid programmed should be supported by the State
Government and if so to what extent and under what
conditions.

Legal Aid Under C.P.C And Cr.P.C:

- S. 304(1) "Lays down that when accused facing a trial.
Concept of free legal aid scheme under legal services
Authority. Act is only when accused facing trial in court. When
person is VV poor, then he can get legal aid. In the absence
of lawyer, the entire trial becomes vitiated and then case to
be remanded back to the trial court. Court to ask the
accused, whether he has services to engage a lawyer or not.
If not, the court is bound to give him lawyer from the bar,
who should be well versed with the law and to be get paid by
St. Govt. Court cannot sympathize with a lawyer. Lawyer
must be a competent one...."is amicus curiae (friend of
court). S. 304, CrPC plays V. imp. role."
- Order 33, rule 17, CPC: - Suit by or against an indigent
person. When a plaint along with petition, that person unable
to avail services of an lawyer, then court exempts him from

Supreme Court Legal Services

Committee:
- The Supreme Court Legal Services Committee
has been enacted under the Legal Services
Authorities Act, 1987 for the effective rendering
of justice in the apex court. If a person belongs
to the poor section of the society having annual
income of less than Rs. 18,000/- or belongs to
Scheduled Caste or Scheduled Tribe, a victim of
natural calamity, is a woman or a child or a
mentally ill or otherwise disabled person or an
industrial workman, or is in custody including
custody in protective home, he/she is entitled
to get free legal aid from the Supreme Court

- The aid so granted by the Committee includes

cost of preparation of the matter and all
applications connected therewith, in addition to
providing an Advocate for preparing and arguing
the case. Any person desirous of availing legal
service through the Committee has to make an
application to the Secretary and hand over all
necessary documents concerning his case to it.
The Committee after ascertaining the eligibility of
the person provides necessary legal aid to
him/her.
- Persons belonging to middle income group i.e.
with income above Rs. 18000/- but under Rs.
120000/- per annum are eligible to get legal aid

>Future of Legal Aid in India:

The Encyclopedia Britannica defines legal aid as
phrase which is acquired by usage and court
decisions, a specific meaning of giving to person of
limited means grants or for nominal fees, advice or
counsel to represent them in court in civil and
criminal matters.
-

- Inability to consult or to be represented by a

lawyer may amount to the same thing as being
deprived of the security of law. Rawls first principle
of justice is that each person is to have an equal
right to the most extensive total system of equal
basic liberties compatible with a similar system of
liberties for all Legal Aid is the method adopted to

- Thus, the provisions of legal aid to the poor are

based on humanitarian considerations and the
main aim of these provisions is to help the povertstricken people who are socially and economically
backward
- Lord Denning while observing that Legal Aid is a
system of government funding for those who
cannot afford to pay for advice, assistance and
representation said: The greatest revolution in
the law since the post-second World has been the
evolution of the mechanism of the system for
legal aid.
- It means that in many cases the lawyers fees
and expenses are paid for by the state: and not by

>Conclusion:
Thus we can find a paradigm shift in the
approach of the Supreme Court towards the
concept of legal aid from a duty of the accused
to ask for a lawyer to a fundamental right of an
accused to seek free legal aid. But in spite of the
fact that free legal aid has been held to be
necessary adjunct of the rule of law, the legal aid
movement has not achieved its goal. There is a
wide gap between the goals set and met. The
major obstacle to the legal aid movement in
India is the lack of legal awareness. People are
still not aware of their basic rights due to which
the legal aid movement has not achieved its goal
yet. It is the absence of legal awareness which
-

- Thus it is the need of the hour that the poor

illiterate people should be imparted with legal
knowledge and should be educated on their basic
rights which should be done from the grass root level
of the country. Because if the poor persons fail to
enforce their rights etc. because of poverty, etc. they
may lose faith in the administration of justice and
instead of knocking the door of law and Courts to
seek justice, they may try to settle their disputes on
the streets or to protect their rights through muscle
power and in such condition there will be anarchy
and complete dearth of the rule of law. Thus legal aid
to the poor and weak person is necessary for the
preservation of rule of law which is necessary for the
existence of the orderly society. Until and unless
poor illiterate man is not legally assisted, he is

The end.