AN ASSIGNMENT ON

LEGAL AID , ITS NEED AND NECESSITY AND PARAMETERS OF LEGAL AID
[ CLINICAL COURSE I ]
From : Peeyush Kumar , B.A.LLB. ( H ) 7th Sem, Roll No. 42, Faculty Of Law, Jamia Millia Islamia Guided By : Dr. Eqbal Hussain , Associate Professor , Faculty Of Law , Jamia Millia Islamia

ACKNOWLEDGEMENT

I, Peeyush Kumar, would like to express my gratitude to our teacher, Dr. Eqbal Hussain, for making the subject so easy and understandable to us that has helped me to put my best efforts to the assignment.

Thank you

Peeyush Kumar

TABLE OF CONTENTS
No.
1. 2. 3. 4.

Description
Introduction Definition, meaning and objective History of Legal Aid in India Legal Aid Movement

Page No.

( Development and Present Status ) 5. 6. Constitutional Provisions Statutory Provisions

(a.) The Criminal Procedure Code (b.) The Civil Procedure Code (c.) Legal services Authority Act, 1987 I. II. III. IV. V. Objective And Importance Recent Amendments The National Legal Services Authority State Legal Services Authority Supreme Court Legal Service Committee
3

VI. VII. VIII. IX.

High Court Legal Service Committee District Legal Service Authority Taluk Legal Service Committee Lok Adalat Organization ,cognizable cases and powers

7. (a.) (b.) 8. 9. 10. 11. 12. 13. 14. 15.

Legal aid in India Supreme Court on Legal Aid Related Cases Legal Aid in other Countries Recommendation Conclusion Abbreviations Used Referred Cases Websites Research Methodology Bibliography

INTRODUCTION

Whatever standards a man chooses to set for himself, be they religious, moral, social or purely rational in origin, it is the law which prescribes and his rights and duties towards the other members of the community. This somewhat arbitrary collection of principles he has very largely to take as he finds and in a modern society it tends to be so diverse and complex that the help of an expert is often essential not merely to enforce or defend legal rights but to recognize, identify and define them. -Mathews and Outton

Legal aid is the provision of assistance to people otherwise unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial. A number of delivery models for legal aid have emerged, including duty lawyers, community legal clinics and the payment of lawyers to deal with cases for individuals who are entitled to legal aid.

DEFINITION, MEANING AND OBJECTIVE

Legal aid may be taken to mean free legal assistance to the poor persons in any judicial proceedings before the Court, Tribunals or any authority. It intends to provide free legal assistance to the poor persons who are not able to enforce the rights given to them by law. Justice P.N. Bhagwati1 has clearly stated that legal aid means providing an arrangement in the society which makes the machinery of administration of Justice easily accessible and in reach of those who have to resort to it for enforcement of rights given to them by law. He has rightly said that the poor and the illiterate should be able to approach the courts and their ignorance and poverty should not be an impediment in the way of obtaining justice from the Courts. The constitution of India gives much importance to rule of law. In India, it is regarded as a part of the basic structure of the Constitution and also of natural justice. Free legal aid to the poor and weak persons has been held to be necessary adjunct of the rule of law. The importance of good legal aid is often overlooked until a serious need for legal counsel or representation arises. The reasons people need legal aid can vary as widely as the individuals themselves. Some people need legal representation for civil suits, either as the claimant or defendant. Others need help dealing with a divorce, DUI charge, or minor criminal offense. Many people employ legal aid for help in writing wills or for counsel before signing business contracts. Whatever the need for legal aid, it is certain to be an important issue and one in which there is no room for mistakes. For 60 years legal aid has formed an integral part of the welfare state ensuring access to justice for those who cannot otherwise afford it. Without legal aid ordinary and vulnerable people would not be able to use the law to protect themselves and achieve their rights.

Report of the Legal Aid Committee, 1971

Legal aid pays for these people to get help, advice and representation. It is used not only to defend people accused of committing crimes, but also for many other things including preventing homelessness and helping vulnerable people receive the health and social services they need to live positive lives, and to which they are entitled. With this in mind in late 2009 the Save Legal Aid aid campaign was set up by the Alliance for Legal Aid. There are two key aims behind the campaign. To raise awareness amongst the general public and charities of the importance of legal aid. To retain and hopefully increase the current levels of funding for legal aid.

Legal aid is a fundamental aspect of our justice system and democracy. A government funded legal aid program has become a justice-related part of the modern state. It is an integral part of our justice system. For many Indians, legal aid is synonymous with access to justice. Equality of treatment under the law, access to legal advice and services and equal, effective and comprehensive rights for all people are fundamental preconditions of social justice. To those engaged in the justice system, either as professionals, as users of the system or as those who are denied access to the system, the crucial importance of legal aid is obvious. There are others, though, for whom it is unclear how abstract principles of justice and democracy are linked to decisions about the availability of legal aid. A close examination of the rationale for legal aid is an essential foundation for a public discussion on the future of state-funded legal assistance in India.1

Legal Aid and Fairness

1

www.savelegalaid.org

Fairness is the heart of our justice system. Ours is an adversarial system that depends upon a contest between two roughly equal parties. If there is a serious disparity in the power balance between the parties, the fairness of the procedure and the outcome is uncertain. Questions of fairness arise whenever one party is represented in a legal proceeding and the other is not, or where there is a large imbalance in the resources available to opposing counsel. The relationship between the adversarial system, legal aid and fairness has been described in these terms: The procedure here is founded on the adversary system...it is based on the premise that the truth will emerge from the contest between the two adversaries where each presents its case before an impartial tribunal. Each side will do its best to establish its own case and to destroy the opponents case. Out of this conflict, truth and justice will surface. Where, however, in fairness and in the circumstances of the case, one of the parties is incapable of self-representation, confidence in the system is threatened. The adversaries must be equal or relatively equal before the tribunal. If they are not, the procedure is in danger of degenerating into one of moral ambivalence. Fairness in battle cannot be achieved if only one party is armed. This is not an abstract principle but a hard reality. In criminal cases, this is especially evident where an unrepresented accused is pitted against the professional representation and resources of the Crown. Other clear examples of unfairness can arise in proceedings concerning state apprehension of children or custody or access proceedings between parents of unequal means. In these circumstances, parents, most often mothers, can be particularly vulnerable to legal proceedings. The state or other parent, in many cases with significantly greater resources, can marshal extensive evidence and rely on expert opinion to attack attributes such as care giving ability. Without legal representation, parents

may be ill-equipped to fairly present their own cases, possibly resulting in devastating long term consequences for both themselves and their children.1

HISTORY OF LEGAL AID IN INDIA

www.legalserviceindia.com

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 the 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. Since 1952, the Government of India also took the initiative to addressing to the question of legal aid for the poor and indigent in various Ministerial Law Conferences and Commissions. In 1960, some guidelines were drawn up by the Government of India for legal aid schemes. Legal Aid Schemes were floated through Legal Aid Boards, Societies and Law Departments in various States in the Country. In 1980, a National Committee was constituted, under the Chairmanship of Honorable. Mr. Justice P.N. Bhagwati then a Judge of the Supreme Court of India to oversee and supervise legal aid programs throughout the country. 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. The year 1987, proved to be very significant in Legal Aid history, as the Legal Services Authorities Act was enacted to give a statutory base to legal aid programs throughout the country and bring about a uniform pattern. This Act was finally enforced on 9th of November, 1995 after certain amendments were introduced therein by the Amendment Act of 1994. Honorable Mr. Justice R.N. Mishra the then Chief Justice of India played a key role in the enforcement of the Act.

LEGAL AID MOVEMENT IN INDIA - ITS DEVELOPMENT AND PRESENT STATUS

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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.1 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.2

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 organised 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. 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 S.C. 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

The Constitution of India, Article 39 A The Constitution of India, Article 14 and 22(1)

11

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 Act was finally enforced on 9th of November, 1995 after certain amendments were introduced therein by the Amendment Act of 1994. Hon. Mr. Justice R.N. Mishra the then Chief Justice of India played a key role in the enforcement of the Act. National Legal Services Authority was constituted on 5th December, 1995. His Lordship Hon. Dr. Justice A.S. Anand, Judge, S.C. of India took over as the Executive Chairman of National Legal Services Authority on 17the July, 1997. Soon after assuming the office, His Lordship initiated steps for making the National Legal Services Authority functional. The first Member Secretary of the authority joined in December, 1997 and by January, 1998 the other officers and staff were also appointed. By February, 1998 the office of National Legal Services Authority became properly functional for the first time. 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. Section 2(1) (aaa) defines the 'court' as 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. 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.1 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 legal aid is provided is not called upon to spend anything on the litigation once it is supported by a Legal Services Authority.
1

The Legal services Authority Act, 1987, Section 2

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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 SLSA and NGOs for implementing legal aid schemes and programmes. In every State a SLSA is constituted to give effect to the policies and directions of the Central Authority (NALSA) and to give legal services to the people and conduct Lok Adalats in the State. SLSA is headed by the Chief Justice of the State H.C. who is its Patron-in-Chief. A serving or retired Judge of the H.C. is nominated as its Executive Chairman. DLSA 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. TLSA 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 organize Lok Adalats. Every TLSC is headed by a senior Civil Judge operating within the jurisdiction of the Committee who is its ex-officio Chairman.

Permanent and Continuous Lok Adalats are being established in all the Districts in the country. NALSA has been providing and shall continue to provide funds to SLSA for the implementation of the Legal Aid Schemes and Programmes but the infrastructure has to be provided by the State Govts. Separate Permanent and Continuous Lok Adalats in Govt. Departments are aimed at amicably settling pending cases as well as the matters at pre-litigative stage between Govt. Departments and general public so that the inflow of litigation to regular Courts is reduced. In so many Govt. bodies these Lok Adalats have become functional. In Delhi Permanent Lok Adalats have been established in Delhi Vidyut Board, Delhi Development Authority, Municipal Corpn. Of Delhi, MTNL and General Insurance Corpn. These Lok Adalats are becoming popular day-by-day and it is expected that very soon a large number of disputes between public and statutory authorities would start getting settled at pre-litigative stage itself saving the parties from unnecessary expense and litigational
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inconvenience. In other States also SLSA have initiated steps to pursuade the State Govts. and statutory bodies, etc. to set up separate Permanent Lok Adalats for amicable settlement of their legal disputes.

"Legal Aid Counsel" Scheme which was conceived and introduced by His Lordship Hon. Dr. Justice A.S. Anand when His Lordship was the Executive Chairman, NALSA has been well received all over country. Legal Aid Counsel have been provided in most of the courts of the Magistrates in the country to provide immediate legal assistance to those prisoners who are not in a position to engage their own counsel.

In pursuance of the resolutions passed in the First Annual Meet of the SLSA, the income ceiling for eligibility for legal aid and assistance has been already enhanced to Rs.50, 000/- p.a. for legal aid before the S.C. of India. Many States have already framed rules enhancing this income ceiling to Rs.25, 000/- p.a. for legal aid up to H.C.s. Other States are also taking steps for the amendment of rules in this regard. Rules are also being framed in all the States for the refund of court fees in the suits compromised in Lok Adalats in terms of section 21 of the Legal Services Authorities Act, 1987. Rules regarding execution of Awards passed by Lok Adalats have been framed in some of the States. As per information available with NALSA office, 72,038 Lok Adalats have been organised throughout the country up to 30.6.2000 in which about 1.2 crore cases have been amicably settled. Out of these over 5 Lac cases pertain to Motor Accident Compensation Claims in which compensation amounting to over Rs.2,469 crores has been awarded. In the year 1999 itself 15,198 Lok Adaats were organised throughout the country in which over 9,67,000 cases were amicably settled. His Lordship Hon. Mr. Justice S.P. Bharucha, Executive Chairman, NALSA has repeatedly called upon SLSA to continue to hold Lok Adalats on old pattern so that the pace of the disposal of cases through Lok Adalats is not inhibited. Permanent and Continuous Lok Adalats are primarily aimed at settling disputes at pre-litigative stage and more contentious pending matters in District courts in which the parties can be motivated only by repeated sitting to arrive at settlement. Counselling and Conciliation Centers at Districts and Permanent Lok
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Adalats in Districts can be under same roof and can effectively function in unison. Most significant contribution by Legal Services Authorities to the administration of justice would be to settle legal disputes through Lok Adalats at pre-litigative stage so that the inflow of cases in our already over-burdened courts is reduced to the extent possible. Upto 30.6.2000 about 31.47 Lac persons have taken benefit of legal aid through Legal Services Authorities out of whom about 5 Las belong to Scheduled Castes, over 2 Las to Scheduled Tribes, about 2.75 Lac are women and about 9,000 are children. Most of the offices of the SLSA are now equipped with FAX machines, computers and E-mail facilities. These modern gadgets shall surely help legal services functionaries to act swiftly to provide legal aid and assistance to the eligible persons in a meaningful manner. NALSA is very sure that under the kind patronage and guidance of Hon. The Chief Justice of India and Hon. Executive Chairman, a vibrant nationwide network of Legal Services Authorities shall be made available to the people to provide free and competent legal services to the eligible persons. NALSA is keen to develop and promote a culture of conciliation instead of litigation in the country so that the citizens of this country prefer to resolve their disputes and differences across the table in a spirit of goodwill and brotherhood. NALSA also wishes to ensure that even the weakest amongst the weak in the country does not suffer injustice arising out of any abrasive action on the part of State or private person. The Constitution of India emphasizes on the equality and justice. The preamble of the Constitution secures all its citizen, social, economic and political justice. Article 14 of the Constitution makes it clear that the State shall not deny to any person equality before law or the equal protection of the laws within the territory of India. Aim of Article 14 is to ensure the equal justice. The guarantee of equal justice will be meaningless if the poor or illiterate or weak persons cannot enforce their rights because of their poverty or illiteracy or weakness. The legal aid should be provided to such person so that the guarantee of equal justice may be meaningful.1

The Constitution of India, Article 14

15

Besides, the Constitution of India confers on the citizens many Fundamental Rights. Even the enforcement of the Fundamental Rights has been guaranteed by the Constitution. In the case of infringement of the Fundamental Right, the right to move to the S.C. in itself a Fundamental Right. It is the duty of the S.C. to enforce the Fundamental Rights guaranteed by the Constitution. If the citizen whose right has been violated does not file petition before the Court by reason of poverty or illiteracy etc. the Court will be helpless and cannot punish persons violating the Fundamental Rights guaranteed by the Constitution. If legal aid is provided to such a person, he may be able to file petition in The Court and if the petition is filed, the Court may be in the position to do justice and punish the persons who have violated the constitutional provisions. The legal aid, thus, provides assistance to the Court in discharging its function as protector and guarantor of the Fundamental Rights. The Constitution of India gives much emphasis on the constitutionalism and rule of law. Even the Government is to function under the Constitution. The rule of law plays important role in the administration of the country. It provides protection to the people against the arbitrary action of the administration. It provides protection to the individual from unlawful action of the Government and its officers by compelling them to exercise their powers in accordance with the law. In India the rule of law is regarded as a part of the basic structure of the Constitution and also of natural justice. Free legal aid has been held to be necessary adjunct of the rule of law. If the poor persons fail to enforce their rights 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 by the muscle power and in such condition. There will be anarchy and complete death of the rule of law. Thus the legal aid to poor and weak person, are necessary for the preservation of rule of law which is necessary for the existence of the orderly society.1

www.causelists.nic.in/nlsa/

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CONSTITUTIONAL PROVISIONS
The preamble of the Constitution and Article 14, give much emphasis on the equal justice. For the maintenance of equal justice in real sense every person should have opportunity to seek justice. The economic inequality sometimes prevents a poor person to seek justice. In such condition the free legal aid to poor and weak person to seek justice. In such condition the free legal aid to poor and weak persons is necessary for the maintenance of equal justice in real sense.1

The Constitution of India, Article 14

17

Articles 38 and 39, of the Constitution of India are notable. According to Article 38(1) the State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic or political, shall inform all the institutions of the national life.1 Article 39A provides that the State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity and shall, in particular, provide free legal aid by suitable legislation or schemes or in any other way, to ensure that opportunities for searching justice are not denied to any citizen by reason of economic and other disabilities.2 Right to free legal aid or free legal service is essential ingredient of reasonable fair and just procedure and implicit in the guarantee of the right to life and personal liberty under Article 21. This is the constitutional right of every accused person who is unable to engage lawyer due to poverty. The state is under the mandate to provide a lawyer to an accused person if the circumstances of the case and needs of justice so require provided the accused person do not object to the provision of such lawyer. In State of Maharashtra v. Manubhai Pragaji Vashi,3 The S.C. has observed that it is the duty of the State to afford grants-in-aid to recognized private law colleges. For providing the free legal aid, there must be trained lawyer in the country and this is possible only when there are adequate number of law colleges with necessary infra-structure, good teacher and staff. Since the Government is not able to establish adequate number of law colleges, it is the duty of the Government to permit the establishment of duly recognized private law colleges and afford them grant-in-aid on similar lines which are given to the Government law colleges. The Court has made it clear that the Article 21 and Article 39-A, casts duty on the State to give grant-in-aid to the recognized private law colleges similar to the Facilities of Art, Science, Commerce etc. This duty cannot be avoided on the ground of paucity funds or otherwise.

The Constitution of India, Article 38 The Constitution of India, Article 39 1995 S.C.C. 730

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In Khatri & Others v. St. of Bihar & others4 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.

STATUATORY PROVISIONS
1. The Criminal Procedure Code
The Criminal Procedure Code and The Civil Procedure Code also contain provisions in relation to the legal aid. Section 304(1) of the Criminal Procedure Code provides that where in a trial before the Court of Session, the accused is not represented by a pleader and where it appears to the Court that the accused has not sufficient means to engage a pleader the Court shall assign a pleader for his defense at the expense of the State. Section 304(2) provides that the H.C. may with the approval of the State Government make rules for
4

A.I.R 1981 S.C. 928

19

the mode of selecting pleaders for defense under aforesaid sub-section (1) of Section 304 the section, the facilities to be allowed to such pleaders by the courts the fees payable to such pleaders by the Government and for carrying out the purposes of sub-section (1) stated above. Sub-section (3) and Section 304 provides that the State Government may by notification, direct that as from such date as may be specified in the notification. The aforesaid provisions of sub-subsection (1) and sub-section (2) of Section 304 shall apply in relation to trial before the Courts of Session. Section 304 thus makes it clear that the State is under an obligation to provide legal assistance to a person charged with the offence triable before the Court of Session. It enables the State Government to direct that this provision shall apply in relation to any class to trials before other Courts in the State.

2. The Civil Procedure Code

Order XXXIII of the Civil Procedure Code provides in the respect of the suit by indigent person. On the application to sue as indigent person is being granted the plaintiff shall not be liable to pay court fee and in case he is not represented by a pleader, the Court may, if the circumstances of the case so required assign a pleader to him. The benefit has now been extended to the defendant also. According to the rule 18 of the order subject to the provision of Order XXXIII the Central Government or State Government may make such supplementary provisions as it thinks fit for providing free legal services to those persons who have been submitted to sue as indigent persons. The Order XLIV makes provisions respect of appeals by indigent person. A separate legislation The Legal Services Authority Act has been passed so as to provide legal aid to the poor and weaker sections of the society.
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3. The Legal Services Authority Act

Object and Importance
The Legal Services Authority Act 1987 has been enacted to constitute the Legal Service Authorities 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 organize Lok Adalats to secure that the operation of the legal system promote justice on the basis of equal opportunity.

Certain salient features of the Act are enumerated below:Section 2 Definitions.(1) (c) 'legal service' includes the rendering of any service in the conduct 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 organized under Chapter VI; (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) 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.
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(2) 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:-

(3) "12.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

22

(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) 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 S.C., 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 S.C.."

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 H.C.. 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. 2. One of the parties makes an application for reference. 3. Where the Court is satisfied that the matter is an appropriate one to 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
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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. 2. Every award made by the Lok Adalat shall be final and binding 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. Section 2(1) (aaa) defines the 'court' as 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. 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.

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Recent Amendments Made To The Legal Services Authorities Act, 1987

The Legal Services Authorities Act, 1987 was enacted to constitute legal services authorities for providing free and competent legal services to the weaker sections of the society to ensure that 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 a lawyer, then court exempts him from court fees. The Legal Services Authorities Act, 1987 was enacted to constitute legal services authorities for providing free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice were not denied to any citizen by reason of economic or other disabilities and to organize Lok Adalats to ensure that the operation of the legal system promoted justice on a basis of equal opportunity. The system of Lok Adalat, which is an innovative mechanism for alternate dispute resolution, has proved effective for resolving disputes in a spirit of conciliation outside the courts. However, the major drawback in the existing scheme of organization of the Lok Adalats under Chapter VI of the said Act is that the system of Lok Adalats is mainly based on compromise or settlement between the parties. If the parties do not arrive at any compromise or settlement, the case is either returned to the court of law or the parties are advised to seek remedy in a court of law. This causes unnecessary delay in the dispensation of justice. If Lok Adalats are given power to decide the cases on merits in case parties fails to arrive at any compromise or settlement, this problem can be tackled to a great extent. Further, the cases which arise in relation to public utility services such as Mahanagar Telephone Nigam Limited, Delhi Vidyut Board, etc., need to be settled urgently so that people get justice without delay even at pre-litigation stage and thus most of the
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petty cases which ought not to go in the regular courts would be settled at the pre-litigation stage itself which would result in reducing the workload of the regular courts to a great extent. It is, therefore, proposed to amend the Legal Services Authorities Act, 1987 to set up Permanent Lok Adalats for providing compulsory prelitigative mechanism for conciliation and settlement of cases relating to public utility services.

The salient features of the amendment are as follows:

(i) to provide for the establishment of Permanent Lok Adalats which shall consist of a Chairman who is or has been a district judge or additional district judge or has held judicial office higher in rank than that of the district judge and two other persons having adequate experience in public utility services; (ii) the Permanent Lok Adalat shall exercise jurisdiction in respect of one or more public utility services such as transport services of passengers or goods by air, road and water, postal, telegraph or telephone services, supply of power, light or water to the public by any establishment, public conservancy or sanitation, services in hospitals or dispensaries; and insurance services; (iii) the pecuniary jurisdiction of the Permanent Lok Adalat shall be up to rupees ten lakhs. However, the Central Government may increase the said pecuniary jurisdiction from time to time. It shall have not jurisdiction in respect of any matter relating to an offence not compoundable under any law; (iv) it also provides that before the dispute is brought before any court, any party to the dispute may make an application to the Permanent Lok Adalat for settlement of the dispute; (v) where it appears to the Permanent Lok Adalat that there exist elements of a settlement, which may be acceptable to the parties, it shall formulate the terms of a possible settlement and submit them to the parties for their observations and in case the parties reach an agreement, the Permanent Lok Adalat shall pass an award in terms thereof. In case parties to the dispute fail to reach an agreement, the Permanent Lok Adalat shall decide the dispute on merits; and
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(vi) every award made by the Permanent Lok Adalat shall be final and binding on all the parties thereto and shall be by a majority of the persons constituting the Permanent Lok Adalat. Article 39A of the Constitution of India imposes duty on the State to secure that the operation of the legal system promotes justice on the basis of equal opportunity and shall, in particular, provide free legal aid by suitable legislation. To fulfill the constitutional obligation, in 1980 the Government appointed the committee for implementing legal aid schemes under the chairmanship of Mr. Justice P.N. Bhagwati to implement the legal aid programme applicable throughout India.1 The focus of the committee was the indigent person seeking to access justice. Answering to the question of inequality in the administration of justice between the rich and the poor the report clearly stated that there can be no rule of law unless the common man irrespective of the fact whether he is rich or poor is able to assert and vindicate to the rights given to him by the law. The machinery of law should be readily accessible to all. The poor must be placed in the same position as the rich by means of adequate legal service programme. It stated that the inequality between the rich and the poor in administration of the justice can be removed by establishing and developing effective system of the legal aid programme. Legal aid and advice should be regarded not as a matter of charity or bounty but as a matter of right. It is a part of social security programme just as much as medical aid is. There was unanimous decision of the Committee that the State should regard it as an obligation to provide legal assistance to the poor and indigent. It stated that this obligation of the State was not merely, socio-economic or political but is also constitutional by reason of Articles 14 and 22(1}. Further the report stated that the legislation and rules so made by the government should not be another piece of legislation made with the reference of any foreign legislation as there is a marked difference between socioeconomic conditions prevailing in advanced countries and those prevailing in developing countries like India.
1

The Constitution of India, Article 39A

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It also emphasized on having legal aid programmes and that the organization for effectuating the legal service programme must be responsive to the poor in giving legal service and must not be mechanical and wooden in its approach. Even after, such a programme is introduced there must be a continuous examination of its utility and its responsiveness to the poor. The report also made an effort to classify those categories of persons who are most in need of Legal Aid, they are as follows:-

(a.) The poor in general; (b.)Those persons belonging to the Scheduled Castes or Scheduled Tribes, i.e. that category of persons who have been both economically as well as socially exploited by the cultural elitists since time immemorial. (c.) Those persons who either by reason of being inhabitants of backward areas or who are so geographically placed that their voice cannot reach the Courts of justice, e.g. People who are inhabitants of Scheduled Areas, Mountainous terrains, landlocked regions etc. (d.)The workman and the peasantry class who toil and labour to earn rewards for their hard work of which they are often deprived. (e.) Those soldiers and armed forces personnel who in order to protect the boarders are stationed at the edge of the land for long periods of time. (f.) Women and children who are deprived social justice on grounds of biological infirmity. (g.)Untouchables or those who are referred to as Harijans and who even after abolition of Unctouchability under Article 17 of the Indian Constitution are shunned by the Administrative class on the ground of their unacceptance in the community.
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The 14th Law Commission Report stated the fact that if laws do not provide for an equality of opportunity to seek justice to all segments of society the have no protective value and unless some arrangement is made for providing a poor man the means to pay Court fees, advocates fees and other incidental costs of litigation, he is denied an opportunity to seek justice. Justice Krishna Iyer rightly observed that, "Such a consummation, a proposition to which we are constitutionally dedicated is possible only through an activist scheme of legal aid, conceived wisely and executed vigorously." He went on to state that Law and Justice cannot be regarded as two separate wings any longer and that it had become necessary that they in unison work towards resurrecting the faith of the poor man in the legal system by providing him with adequate non- Governmental as well as Governmental assistance. The report also in detail dealt with the true scope and extent of the legal aid. It recommended that the question is what costs, charges and expenses to be incurred by a litigant in court should be provided from the legal aid fund as part of legal aid scheme. The court fees constitute one of the largest constituents of legal expenses involved in a proceeding in a court of law. Instead of providing necessary funds to the assisted person to make payment of court fees the State should by legislation remit court fees in case of an assisted person. The scheme of legal aid should not be based on class or status. The report also in detail stated the constitution and the working of different legal committees: (a) The Taluka Legal Aid Committee.- It was recommended that there shall be a Taluka Legal Aid Committee in every Taluka having a court of Civil Judge (Junior Division) or Judicial magistrate, It shall have power to deal with the applications for legal aid in proceedings before the taluka court as also before the Tenancy Tribunal situated within the taluka. The presiding Judge or Magistrate should be the ex-officio member and Chairman and the other members of the Committee shall be (i) the President of the Taluka Bar Association ex-officio or a senior lawyer practicing in the Taluka court,
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(ii) one other lawyer practicing in the Taluka Court (iii) one retired Judge or Magistrate, if available, and (iv) one and if no retired Judge of or Magistrate is available, two social workers or public spirited citizens. The members of the Taluka Legal Aid Committee would work in honorary capacity and they would ordinarily hold office for a period of three years. Its accounts were also to be audited annually by the Government auditor along with the audit of the accounts of the Taluka Court. The Secretary of the Taluka Legal Aid Committee was to be appointed with the prior approval of the District Legal Aid Committee. (b) The District Legal Aid Committee - The same provisions was applicable mutatis mutandis in respect of the District Legal Committee. Apart from the District Judge and the president of the District Bar Association, one more lawyer, a retired Judge or Magistrate or two social workers, the other members of the Committee was to be the Government Pleader of the District Court ex-officio, the President of the District Panchayat ex-officio and the Principal or a teacher of law college selected by the district judge. (c) The State Legal Aid Committee. - It was to be at the apex of the entire Legal Aid Organization and was suggested to be a High power Body composed of different social interests dedicated to the cause of administration of legal aid. It was to have as its Chairman the Chief Justice or a H.C. Judge nominated by him. The other members of the Committee constituted of the Advocate General, President of the H.C. Bar Association or the Vice-President, Chairman of State Bar Councilor the Vice-Chairman, one senior member of the H.C. Bar, three members of the mofussil Bar, one District Government Pleader, District Judges of Rajkot, Baroda and Surat, Secretary, Legal Department and Finance Secretary of the State Government, two members of the State Legislative Assembly, Director of Backward Classes, four social workers and a teacher of law. This Committee was to have mainly supervisory functions and lay down policies and principles for the administration of the Legal Aid Scheme. There was to be a State Director of Legal Aid responsible for the actual administration of the Legal Aid Programme within the State and was to be the Chief Executive Officer of the State Legal Aid Committee. The Committee was to exercise control over all the Legal Aid Committee in the
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State, and similarly the Taluka Legal Aid Committees shall be under the control and supervision of the District Legal Aid Committee. A special mention and recommendation was given regarding the Bail System. The bail system caused discrimination against the poor since the poor would not be able to furnish bail, while wealthier persons otherwise similarly situate would be able to furnish bail. The poor accused had often to fall back on touts and professional sureties for providing bail to suffer pre-trial detention the committee stated that the bail system was extremely unsatisfactory as and required reform so that it should be possible for the poor, as easily as for the rich, to obtain pre-trial release without jeopardizing the interests of justice. The committee giving wide powers to the magistrate suggested that if a Magistrate was satisfied after making an inquiry into the conditions and background of the accused that the accused has his roots in the community and is not likely to abscond, he could release the accused on order to appear or on his own recognizance. The Magistrate must ordinarily do so unless the Prosecutor can show that, having regard to the conditions and background of the accused, there is a substantial risk of his non-appearance at the trial. The decision as regards the amount of bail should be an individual decision depending on the individual financial circumstances of the accused and the probability of his absconding. When the accused is released on bail the magistrate must give a sufficiently long date, so that on the date on which the accused appears the case does not have to be adjourned on the ground that the charge sheet is not filed. If on the adjourned date the charge sheet is not filed the prosecution must be made to pay the cost of adjournment to the accused or in the alternative the magistrate may grant exemption to the accused from appearance until the charge sheet is filed provided that the accused is represented by a lawyer. There should not be too many adjournments on the ground that the prosecution is not ready with its witnesses. The magistrate should be given power to order payment of costs of adjournment to the accused where the prosecution has not taken reasonable steps to secure the presence of any witness and the case has to be adjourned on that account. They also suggested that the penal law should be amended with a view to providing that if the accused willfully fails to appear in compliance with the order to appear or the promise contained in his recognizance he shall be
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liable to be punished with imprisonment or fine or both. The law should also provide that the failure of the accused to appear when required would constitute prima facie evidence that the failure was willful. The Magistrates may start releasing the accused on his own recognizance in cases where the offence charged does not involve imprisonment for more than one year. The committee further stated that if it was found from experience gained as a result of following this practice for a year or two, that the practice is working satisfactorily, the Magistrates may extend this practice to cases involving slightly higher offences. The committee knowing that a large amount of finance would be required for an adequate legal service programme, suggested that there should be a Legal Aid Fund created by statute which would consist of moneys received from different sources such as donations from individuals, associations of merchants, traders or manufacturers, charitable organizations and Public Charitable Trusts. Tax exemption should be granted in respect of such' donations; organizing entertainment programme through social service organizations like the Rotary Club and the Lions Club and organizing a Rupee Drive; providing by statute that every vakalatnama should bear in addition to the usual Court fee stamp, Legal Aid Stamp of the denomination of Re. 1, contributions made by partially assisted persons; fees paid by applicant legal advice; grant made by the Central Government to State Government to meet expenses of providing legal service to members of Scheduled Caste and . Scheduled Tribes. Annual celebrations made by municipal corporations, municipalities, and many such sources. The report stated that we as a nation really want to eradicate poverty and establish a truly free, just and egalitarian society; the legal service programme recommended by the Committee should be implemented wholly and in its entirety. But recognizing the difficulties that the state government may face, it may not be possible for the State Government to implement the whole of the legal service programme immediately in one single stage. It was, therefore, suggested that the legal service programme may be implemented in stages according to a phased plan. The committee recommended that the state government may implement the legal service programme immediately in so far as it relates to the provisions of legal aid in civil cases and cases
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before the administrative tribunals and also in regard to criminal cases other than committal proceedings and cases under the Bombay prohibition act, Bombay prevention of gambling act prevention of food adulteration act and suppression of immoral traffic in women and girls act. The provisions of legal aid in committal proceedings may be left over for the second stage and the provisions of legal aid in regard to offences under the enactment referred to above may be taken up at the final stage. The implementation of the preventive legal services programme should not be delayed. But if the state government thinks that it is not possible to implement the preventive service programme immediately, it may postpone implementation so far as the items of representation, legal research and innovation, institutional changes and organization of the poor are concerned. So far as the items of the legal service and education are concerned, there should be no delay in implementation. On 19 May, 1976, the government of India appointed a two member committee, known as Juridicare Committee, of justice P N Bhagwati as chairman and Justice V.R.Krishna Iyer as member. One of the purpose for setting up the committee was that the central government is of the view that an adequate and vigorous legal service program is necessary to be establish in all the states in the country on a uniform basis. The terms of reference of the Juridicare committee included making recommendations for the establishing and operating comprehensive and a dynamic legal service program for effective implementations of the socio economic measures taken or to be taken by the government including formulation of scheme (s) for legal services. It was suggested that the Advocate Act, 1961 be amended to recognize and permit provision of legal aid by law teachers and students. The report clearly stated that the funding of the legal aid programme was the state responsibility and for this identified sources such as court fees collected from the litigants, legal aid steps, levy of special cess, donations and many more for the purpose of funding the legal aid programme and so on.1

www.causelists.nic.in/nalsa/ 33

The National Legal Services Authority

Section 3(1) of Legal Services Authorities Act provides that the Central Government Shall constitute a body known as the National Legal Services Authority to exercise the powers to perform the functions conferred on or assigned to the Central Authority under this Act. Central Authority according to section 2(A) of this act means the NLSA constituted under Section 3. Sub-section (2) of Section 3 of this act further provides that 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 S.C. 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. 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.

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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.

State Legal Services Authority:

A State Authority shall consist of (a) the Chief Justice of the H.C. who shall be the Patron-in-Chief; {b) a serving or retired Judge of the H.C., to be nominated by the Governor, in consultation with the Chief Justice of the H.C., 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 H.C.. The State Government shall, in consultation with the Chief Justice of the H.C., 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. 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. 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. 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
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consultation with the Chief Justice of India. 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. All orders and decisions of the Central Authority shall be, authenticated by the Member-Secretary or any other officer of the Central Authority duly authorized by the Executive Chairman of that Authority. 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. A person functioning as Secretary of a State Legal Aid & 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.

Functions of the State Authority

(1) It shall be the duty of the State Authority to give 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) to provide legal service to persons who satisfy the criteria laid down under this Act; (b) to conduct Lok Adalats, including Lok Adalats for H.C. cases (c) to undertake preventive and strategic legal aid programmes; and (d) to perform such other functions as the State Authority may, in consultation with the Central Authority, fix by regulations.

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Supreme Court Legal Services Committee

The Central Authority shall constitute a committee to be called the Supreme Court Legal Service Committee for the purpose of exercising such powers and performing such functions as may be determined by regulations made by the Central Authority. 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. 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. 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. The Committee may appoint such number of officers and other the Committee, possessing such experience and qualifications as may be prescribed by the Central Government. 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. The Committee may appoint such number of officers and other as may be prescribed by the Central Government, in consultation with the Chief Justice of India, for the efficient discharge of its functions. 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.

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Functions of the Central Authority

The Central Authority shall perform all or any of the following functions, namely: (a) lay down policies and principles for making legal services available under the provisions of the Act; (b) frame the most effective and economical schemes for the purpose of making legal services available under the provisions of this Act; (c) utilize 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) organize legal aid camps, especially in rural area, slums or labour colonies with the dual propose 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 legal services
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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; (m) make special efforts to enlist the support of voluntary social welfare institutions working at the grassroot level, particularly among the Scheduled Castes and the Scheduled Tribes, women and rural and urban labour; and (n) coordinate and monitor the functioning of State Authorities, District Authorities, Supreme Court Legal Service Committee, High Committee Legal Services Committees, Taluk Legal Services Committees and voluntary social services institutions and other legal services organizations and give general directions for the proper implementation of the legal services programmes. After the constitution of the Central Authority and the establishment of NALSA office towards the beginning of 1998, following schemes and measures have been envisaged and implemented by the Central Authority:(a) Establishing Permanent and Continuous Lok Adalats in all the Districts in the country for disposal of pending matters as well as disputes at pre-litigative stage; (b) Establishing separate Permanent & Continuous Lok Adalats for Govt. Departments, Statutory Authorities and Public Sector Undertakings for disposal of pending cases as well as disputes at pre-litigative stage; (c) Accreditation of NGOs for Legal Literacy and Legal Awareness campaign; (d) Appointment of "Legal Aid Counsel" in all the Courts of Magistrates in the country; (e) Disposal of cases through Lok Adalats on old pattern; (f) Publicity to Legal Aid Schemes and programmes to make people aware about legal aid facilities;
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(g) Emphasis on competent and quality legal services to the aided persons; (h) Legal aid facilities in jails; (i) Setting up of Counseling and Conciliation Centers in all the Districts in the country; (j) Sensitisation of Judicial Officers in regard to Legal Services Schemes and programmes; (k) Publication of "Nyaya Deep", the official newsletter of NALSA; (l) Enhancement of Income Ceiling to Rs.50,000/- p.a. for legal aid before S.C. of India and to Rs.25,000/- p.a. for legal aid upto H.C.s; and (m) Steps for framing rules for refund of court fees and execution of Awards passed by Lok Adalats.

HIGH COURT LEGAL SERVICE COMMITTEE:

The State Authority shall constitute a Committee to be called the High Court Legal Services Committee for every H.C., for the purpose of exercising such powers and performing such functions as may be determined by regulations made by the State Authority. The Committee shall consist of a) a sitting Judge of the H.C. 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 H.C. The Chief Justice of the H.C. shall appoint a Secretary to the Committee possessing such experience and qualifications as may be prescribed by the State Government. 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. 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 H.C. for the efficient discharge of its functions. The officers and other employees of the Committee shall be entitled to such salary and allowances and shall be
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subject to such other conditions of service as may be prescribed by the State Government in consultation with the Chief Justice of the H.C.

District Legal Services Authority:

A District Authority shall consist of :a) the District Judge who shall be its Chairman; and b) such number of other Members, possessing such experience and qualifications as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the H.C.. 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. 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 H.C..

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 H.C. for the efficient discharge of its functions. The officers and other employees of the District Authority shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the State Government in consultation with the Chief Justice of the H.C.. 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
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Consolidated Fund of the State. All orders and decisions of the District Authority shall be authenticated by the Secretary or by any other officer of the District Authority duly authorized by the Chairman of that Authority. No act or proceeding of a District Authority shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the District Authority.

Functions of District Authority:

The District Authority may perform all or any of the following functions, namely:a. co-ordinate the activities of the Taluk Legal Services Committee and other legal services in the District; b. organize Lok Adalats within the Districts; and c. perform such other functions as the State Authority may fix by regulations.

Taluk Legal Services Committee:

The Committee shall consist of a. the senior Civil Judge operating within the jurisdiction of the Committee who shall be the ex-officio Chairman; and b. such number of other Members, possessing such experience and qualifications, as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the H.C.. 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 H.C. for the efficient discharge of its functions. 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 Chief Justice of the H.C.. The administrative expenses of the Committee shall be defrayed out of the District Legal Aid Fund by the
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District Authority.

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. organize Lok Adalats within the taluk; and c. perform such other functions as the District Authority may assign to it.

LOK ADALAT
The Legal Services Authority Act makes provisions in relation to the establishment, powers and functions, etc. of the Lok Adalat. The preamble of the Act makes it clear that it has been enacted to contribute the Legal Services Authority 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 organize Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity. The Lok Adalats provide quick justice at less expense. The provisions of the Legal Authorities Act relating to the Lok Adalats along with the relevant rules made for this purpose may be stated and explained under the following headings.

ORGANISATION OF LOK ADALATS

Every State Authority or District Authority or the SCLSC or every HCLSC or, as the case may be, TLSC may organize Lok Adalats at such intervals and places and for exercising such jurisdiction and for such areas as it thinks fit.

Every Lok Adalat organized for an area shall consist of such number of 43

(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 SCLSC or the HCLSC, or as the case may be, the TLSC, organizing such Lok Adalats

The experience and qualifications of other persons referred to in clause (b) of sub-section (2) for Lok Adalats organised by the SCLSC shall be such as may be prescribed by the Central Government in consultation with the Chief Justice of India. 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 H.C.. 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 organized: 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.

COGNIZANCE OF CASES BY LOK ADALATS

Where in any case referred to in clause (i) of sub-section (5) of Section 1944

(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.

Notwithstanding anything contained in any other law for the time being in force, the Authority or Committee organizing 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. 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. 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. 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.

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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 advise the parties to seek remedy in a court. Where the record of the case is 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 case from the stage which was reached before such reference under sub-section (1).

AWARD OF LOK ADALAT

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). 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.

POWERS OF LOK ADALAT OR PERMANENT LOK ADALAT

The 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;

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(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.

Without prejudice to the generality of the powers contained in sub-section (1), every 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. All proceedings before a 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 Lok Adalat or Permanent Lok Adalat shall be deemed to be a civil court for the purpose of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 Lok Adalats which are voluntary agencies are monitored by the State Legal Aid and Advice Boards. They have proved to be a successful alternative forum for resolving of disputes through the conciliatory method. The Legal Services Authorities Act, 1987 provides statutory status to the legal aid movement and it also provides for setting up of Legal Services Authorities at the Central, State and District levels. These authorities will have their own funds. Further, Lok Adalats which are at present informal agencies will acquire statutory status. Every award of Lok Adalats shall be deemed to be a decree of a civil court or order of a Tribunal and shall be final and binding on the parties to the dispute. It also provides that in respect of cases decided at a Lok Adalat, the court fee paid by the parties will be refunded.

SUPREME COURT ON LEGAL AID

The linkage between Article 21 and the right to free legal aid was forged in the decision in Hussainara
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Khatoon v. State of Bihar1 where the court was appalled at the plight of thousands of under trials languishing in the jails in Bihar for years on end without ever being represented by a lawyer. The court declared that "there can be no doubt that speedy trial, and by speedy trial, we mean reasonably expeditious trial, is an integral and essential part of the fundamental right to life and liberty enshrined in Article 21." 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 are not provided to such an accused, the trial itself may run the risk of being vitiated as contravening Article21 and we have no doubt that every State Government would try to avoid such a possible eventuality". 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." Two years thereafter, in the case of Khatri & Ors. (II) v. State of Bihar & Ors.2 , the court answered the question the right to free legal aid to poor or indigent accused who are incapable of engaging lawyers. It held that: "the state is constitutionally bound to provide such aid not only at the stage of trial but also when they are first produced before the magistrate or remanded from time to time and that such a right cannot be denied on the
1

A.I.R 1979 S.C. 1369 A.I.R 1981 S.C. 928

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ground of financial constraints or administrative inability or that the accused did not ask for it. Magistrates and Sessions Judges must inform the accused of such rights. The right to free legal services is an essential ingredient of reasonable, fair and just procedure for a person accused of an offence and it must be held implicit in the guarantee of Article 21 and the State is under a constitutional mandate to provide a lawyer to an accused person if the circumstances of the case and the needs of justice so require, provided of course the accused person does not object to the provision of such lawyer. The State cannot avoid this obligation by pleading financial or administrative inability or that none of the aggrieved prisoners asked for any legal aid at the expense of the State. The only qualification would be that the offence charged against the accused is such that on conviction, it would result in a sentence of imprisonment and is of such a nature that the circumstances of the case and the needs of social justice require that he should be given free legal representation. There may, however, be cases involving offences such as economic offences or offences against law prohibiting prostitution or child abuse and the like, where social justice may require that free legal or child abuse and the like, where social justice may require that free legal services need not be provided by the State." He reiterated this in Suk Das v. Union Territory of Arunachal Pradesh1 and said "It may therefore now be taken as settled law that free legal assistance at State cost is a fundamental right of a person accused of an offence which may involve jeopardy to his life or personal liberty and this fundamental right is implicit in the requirement of reasonable, fair and just procedure prescribed by Article 21." This part of the narration would be incomplete without referring to the other astute architect of human rights jurisprudence, Justice Krishna Iyer. In M.H. Hoskot v. State of Maharashtra2 , he declared: If a prisoner sentenced to imprisonment is virtually unable to exercise his constitutional and statutory right of appeal inclusive of special leave to appeal (to the S.C.) for want of legal assistance, there is implicit in the Court under Article 142 read with Articles 21 and 39A of the Constitution, power to assign counsel for such imprisoned individual for doing complete justice

A.I.R 1986 S.C. 991 A.I.R 1978 S.C. 1548

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In Indira Gandhi v. Raj Narain1 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." In, State of Haryana v. Darshana Devi2, the Court said that: "the poor shall not be priced out of the justice market by insistence on court-fee and refusal to apply the exemptive provisions of order XXXIII, CPC. The state of Haryana, mindless of the mandate of equal justice to the indigent under the magna carta of republic, expressed in article 14 and stressed in article 39A of the constitution, has sought leave to appeal against the order of the H.C. which has rightly extended the 'pauper' provisions to auto-accident claims. Order XXXIII will apply to tribunals, which have the trappings of the civil court. Civil procedure code, 1908 - order XXXIII, rule 9A - it is a public duty of each great branch of government to obey the rule of law and uphold the tryst with the constitution by making rules to effectuate legislation meant to help the poor. The court should expand the jurisprudence of access to justice as an integral part of social justice and examine the constitutionalism of court-fee levy as a facet of human rights highlighted in nation's constitution. If the state itself should travesty this basic principle, in the teeth of articles 14 and 39A, where an indigent widow is involved, a second look at its policy is overdue. The court must give the benefit of doubt against levy of a price to enter the temple of justice until one day the whole issue of the validity of profit-making through sale of civil justice, disguised as curt-fee, is fully reviewed by the S.C.. Before parting with this point the court must express

A.I.R 1975 S.C. 2299 A.I.R 1979 S.C. 855

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its poignant feeling that no state has, as yet, framed rules to give effect to the benignant provision of legal aid to the poor in order xxxiii, rule 9A, civil procedure code, although several years have passed since the enactment. Parliament is stultified and the people are frustrated. Even after a law has been enacted for the benefit of the poor, the state does not bring into force by wilful default in fulfilling the conditio sine qua non. It is a public duty of each great branch of government to obey the rule of law and uphold the tryst with the constitution by making rules to effectuate legislation meant to help the poor. It is a public duty of each great branch of government to obey the rule of law and uphold the tryst with the constitution by making rules to effectuate legislation meant to help the poor." 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, directed that the petitioners must be provided legal representation by a fairly competent lawyer at the cost of the State, since legal aid in a criminal case is a fundamental right implicit in Article 21. In Centre for Legal Research & Anr. v. State of Kerala1 , 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.

A.I.R 1983 S.C. 1322

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LEGAL AID IN OTHER COUNTRIES

Legal Aid in Scotland
In Scotland, legal aid is in principle available for all civil actions in the Court of Session and Sheriff Court with the significant exception of actions of defamation. It is also available for some statutory tribunals, such as the Immigration Appeal Adjudicator and the Social Security Commissioners.There is a separate system of criminal legal aid, and legal aid is also available for legal advice. Legal aid is means-tested, and in practice only available to less than one-quarter of the population. It is administered by the Scottish Legal Aid Board. Legal Aid in Scotland is also available in Criminal Cases, where

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more than 90% of Summary applications are granted. An Interests of Justice test is applied, as well as a means test. In Solemn case (Jury Trials) The Court assesses Legal Aid.

Legal Aid in England and Wales

Legal aid in England and Wales was originally established by the Legal Aid and Advice Act 1949.[2] Today legal aid in England and Wales costs the taxpayer 2bn a year - higher per capita spend than anywhere else in the world - and is available to around 29% of adults.[2] Today, legal aid in England and Wales is administered by the Legal Services Commission, and is available for most criminal cases, and many types of civil cases with exceptions including libel, most personal injury cases (which are now dealt with under Conditional Fee Agreements, a species of contingency fee) and cases associated with the running of a business. Family cases are also often covered. Depending on the type of case, legal aid may or may not be means tested. In July 2004 the European Court of Human Rights ruled that the lack of legal aid in defamation cases (which was the position under the Legal Aid Act 1988, which was the applicable Act at the time of the McLibel case, could violate a defendant's right. The Access to Justice Act 1999 has a provision which allows the Lord Chancellor to authorize legal aid funding in cases which are otherwise out of scope of the legal aid scheme under the exceptional funding provisions. A defendant in a position similar to the McLibel defendants could potentially have legal aid assistance if their application passed the exceptional funding criteria. Criminal legal aid is generally provided through private firms of solicitors and barristers in private practice. There are a limited number of public defenders. Civil legal aid is provided through solicitors and barristers in private practice but also non-lawyers working in law centres and not-for-profit advice agencies. The provision of legal aid is governed by the Access to Justice Act 1999 and supplementary legislation.
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Legal Aid in Australia

Australia has a federal system of Government comprising federal, state and territory jurisdictions. The Australian (Commonwealth) and State and Territory governments are each responsible for the provision of legal aid for matters arising under their laws. Legal aid for both Commonwealth and State matters is primarily delivered through State and Territory legal aid commissions (LACs), which are independent statutory agencies established under State and Territory legislation. The Australian Government funds the provision of legal aid for Commonwealth family, civil and criminal law matters under agreements with State and Territory governments and LACs. The majority of Commonwealth matters fall within the family law jurisdiction. Legal aid commissions use a mixed model to deliver legal representation services. A grant of assistance legal representation may be assigned to either a salaried in house lawyer or referred to a private legal practitioner. The mixed model is particularly advantageous for providing services to clients in regional areas and in cases where a conflict of interest means the same lawyer cannot represent both parties. The Australian Government and most State and Territory Governments also fund community legal centers, which are independent, non-profit organizations which provide referral, advice and assistance to people with legal problems. Additionally, the Australian Government funds financial assistance for legal services under certain statutory schemes and legal services for Indigenous Australians. By way of history, the Australian Government took its first major step towards a national system of legal aid when it established the Legal Services Bureaux in 1942. However, there was a move in the late 1970s to service delivery by the States and Territories (not the federal arm of government). In 1977, the Australian Government enacted the Commonwealth Legal Aid Commission Act 1977 (LAC Act) which established cooperative arrangements between the Australian Government and State and Territory governments under which legal aid
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would be provided by independent legal aid commissions to be established under State and Territory legislation. The process of establishing the LACs took a number of years. It commenced in 1976 with the establishment of the Legal Aid Commission of Western Australia and ended in 1990 with the establishment of the Legal Aid Commission of Tasmania. The cooperative arrangements that were established by the LAC Act provided for Commonwealth and State and Territory legal aid funding agreements, which began in 1987. In July 1997, the Australian Government changed its arrangements to directly fund legal aid services for Commonwealth law matters. Under this arrangement the States and Territories fund assistance in respect of their own laws.

Legal aid in Hong Kong

Legal aid in Hong Kong, which is a unitary jurisdiction, is solely provided through the Legal Aid Department, which is in turn overseen by the Legal Aid Services Council. Administratively the Legal Aid Department was under the Administration Wing of the Chief Secretary's Office. In 2007 it was moved to the Home Affairs Bureau, which chiefly oversees cultural matters and local administration. This was heavily criticised by the opposition pro-democracy camp for further jeopardizing neutrality of the provision of legal aid. They voted en bloc against the whole package of reorganization of policy bureaux, of which the transfer of the Legal Aid Department was part of.

Legal aid in Ontario, Canada

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Legal aid in Ontario is administered by Legal Aid Ontario (LAO). Legal Aid Ontario provides funding to more than one million Ontario residents who need help with their legal problems. Legal aid is available to low income individuals and disadvantaged communities for a variety of legal problems, including criminal matters, family disputes, immigration and refugee hearings and poverty law issues such as basic employment rights, worker's compensation, landlord/tenant disputes, disability support and family benefits payments. Legal Aid in Ontario is provided in a number of ways: the largest is a legal aid certificate program. The program provides low income people with certificates for a set number of hours of service to be provided by a private lawyer (i.e. a 'judicare' model). When the lawyer has completed their work, they bill Legal Aid Ontario for the services they provided. The certificate system is limited by the fact that many lawyers do not accept certificates because the hourly rates are too low. Lawyers are also wary of accepting cases because a certificate may not provide enough hours for the lawyer to provide adequate representation. Ontario also has a community legal clinic system. Ontarios 80 Community legal clinics are staffed by lawyers, community legal workers, and sometimes other professionals or law students. Each legal clinic is run by a volunteer board of directors composed of members from the community. Legal clinics provide information, representation, and advice on various kinds of legal issues, including social assistance, housing, refugee and immigration law, employment law, human rights, workers compensation, and the Canada Pension Plan. Many legal clinics also produce community legal education materials, offer workshops and information sessions, undertake law reform initiatives and engage in other community development activities including campaigns to change the law. Specialty legal clinics serve a particular community or focus on a specific area of law. Unlike general service legal clinics, most specialty legal clinics are not limited to serving a particular geographic area. The clinic system is seen by many to be a preferred model of legal aid delivery. Services are provided at the community level and clients therefore benefit from the agency's connections to other services, e.g. health care. Legal problems are seen in their social context and issues of broader societal concern can be identified by
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clients and staff. The model is also financially beneficial in that resources are invested in the development of long term stable service located in and informed by the communities they serve. This way, resources can be devoted to legal work that is most beneficial to the community. Clinics are independently governed, but primarily funded by Legal Aid Ontario. Ontario also provides immediate legal aid service to those appearing in court via duty counsel. Duty counsel are salaried lawyers and per diem 1lawyers who will represent low income people in criminal or family court. There is also a duty counsel program which provides representation to low income tenants appearing before the Ontario Rental Housing Tribunal. Funding for Legal Aid in Ontario has been frozen for many years. While the Ontario Liberal Government recently announced a 19 million increase in funding over the next three years, this will do little to remedy the serious and chronic underfunding of the system. The lack of funding means that legal aid lawyers are paid half as much as other government funded lawyers and must do their work with a severe lack of resources. The result is that many new lawyers with massive student debt cannot consider legal aid careers, other lawyers leave the system frustrated at the lack of recognition for their work, and those hiring new lawyers in the system find it hard to find well qualified lawyers who will even consider taking legal aid jobs. This undermines the system's quality of service and sustainability. There is currently significant pressure on the Ontario Government to increase funding to the Legal Aid system to ensure that the quality of service remains high and the program as a whole is sustainable. At the same time, Legal Aid Ontario has embarked on a restructuring program, which aims to shrink the number of community legal clinics in Ontario.2

www.wikipedia.com

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Recommendation
The growing litigation, delay in disposal, pendency in ordinary law courts are the reasons for the growth and popularity of this ancient but innovative alternative dispute resolution machinery. The Supreme Court of India, while giving effect to Article 39-A, has held in several cases that right to speedy justice and free legal aid is part of Article 21. The new responsibilities of the Bench and the Bar must be assessed in the context of mass discontent and the dynamic rule of law as its answer. The Judiciary is a reverenced institution. Our judicial tryst with social destiny can only be redeemed by a spread out and institutionalized legal services project adjusted to the conditions of our society.[15] It is also clear in the highly stratified Indian Society that the sources of poverty is not merely an economic phenomenon and it is linked up with a variety of complex social relationships aggravated by long period of colonial rule. Any program for using the law in at least reducing the effects of poverty will, therefore, necessarily require knowledge on who, the poor are, what their problems are, and how they are related to the exiting law and legal services. The following points could be taken into consideration for development of this concept in its essence: 1. Review of the working of Legal Aid System. 2. Review of the Alternative dispute Resolution System in the country. 3. Upgradation of Judicial Infrastructure, including computerization, and 4. Upgradation of Judicial Manpower.

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CONCLUSION
The focus of Legal Aid is on distributive justice, effective implementation of welfare benefits and elimination of social and structural discrimination against the poor. It works in accordance with the Legal Services Authorities Act, 1987 which act as the guideline of the rendering of free justice. It will be interesting to know the special problems of the rural poor and the urban poor separately and also to find how they compare with the legal problems of the non-poor living in rural and urban India. An efficient organization of a legal services delivery system may have to take account of all these differences in legal needs of the poor and design the program accordingly. Except sketchy impressionistic references in the reports of the various legal aid committees, there has been a very little attention given to the analysis of the legal problems of the poor at the academic, official or professional level. The discomfort of the bureaucracy arising out of the policing role of legal aid is understandable. In a Welfare State, the Government cannot be made available for litigation against itself to vindicate the legal rights of the poor. The criticism that legal aid litigation, aims at law reform thereby making the judiciary usurps the functions of the legislature is illogical and does not carry conviction in common law jurisprudence.

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ABBREVIATIONS USED
AIR All India Reporter Anr Another DLSA District Legal Services Authority H.C. High Court HCLSC High Court Legal Services Committee Hon. Honorable NLSA National Legal Services Authority Ors. Others p. Pages
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S.C. Supreme Court SCLSC - Supreme Court Legal Services Committee St. - State SLSA State Legal Services Authority TLSC Tulak Legal Services Authority v. Versus Vol. Volume

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REFERRED CASES
1. State of Maharashtra v. Manubhai Pragaji Vashi 2. Khatri & Others v. St. of Bihar 3. Hussainara Khatoon v. State of Bihar 4. Khatri & Ors. (II) v. State of Bihar & Ors. 5. Suk Das v. Union Territory of Arunachal Pradesh 6. M.H. Hoskot v. State of Maharashtra 7. Indira Gandhi v. Raj Narain 8. State of Haryana v. Darshana Devi, 9. Kara Aphasia v. State of Bihar 10. Legal Research & Anr. v. State of Kerala
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WEBSITES
www.legalserviceindia.com www.indiankanoon.org www.manupatra.com www.wikipedia.com www.savelegalaid.org www.legalfactexpert.com www. causelists.nic.in/nalsa/ www.indlaw.com

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RESEARCH METHODOLOGY
The project work on LEGAL AID , ITS NEED AND NECESSITY AND PARAMETERS OF LEGAL AID is based on doctrinal method of research. I have considered various articles and write ups. Secondary sources have been used i.e. books, articles, commentaries and internet. The writing style is both descriptive and analytical. The project is a result of extensive research work.

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BIBLIOGRAPHY
BOOKS REFERRED 1. Bakshi, P.M., The Constitution of India, Universal Law Publishing Co. Pvt. Ltd., 2. Takwani, C.K., CIVIL PROCEDURE CODE, Eastern Book Company, Lucknow, 2008. 3. Jain, M.P., Indian Constitutional Law, Wadhwa and company, Nagpur, Fifth Edition, 2005. 4. D.D. Basu, Shorter Constitution of India, (13th edn. Nagpur: Wadhwa & Company, 2001). 5. H.M. Seervai, Constitutional Law of India Vol. I-III (4th edn., New Delhi: Universal Law Publishing Co. Pvt. Ltd., 2005). 6. Dr. Kailash Rai, Public Interest Lawyering Legal Aid Paralegal Services (1st edition Central Law Publications 2000)

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