CLINICAL RESEARCH REPORT

ON VISIT TO PERMANENT

LEGAL AID CLINIC

AHMEDABAD

Efforts By:
SIDDHI G THAKKAR
Roll No. 48, LL.M.SEMESTER – IV,
Group “C” Business Law
Gujarat University
Year 2017 – 2018

SIR L. A. SHAH LAW COLLEGE

Ellisbridge, Ahmedabad – 380006.
 INDEX
PAGE
SR.NO CHAPTER
NO.
1. Introduction 03
2. History of Legal Aid 04
3. Research Objective 09
4. Concept of Legal Aid 11
5. Origin of Legal Aid 13
6. The Legal Aid Clinic 15
7. The Legal Framework 17
8. Entitlement of Legal Services 19
9. Hierarchy of Bodies under the Act 21
10. National Legal Services Authority 22
11. State Legal Services Authority 25
12. District Legal Services Authority 27
13. Taluka Legal Services Authority 28
14. Practical Work 29
Case 1 29
Case 2 30
Case 3 31
Case 4 31
Case 5 32
15. Conclusion and suggestions 33

2
 1. Introduction
Legal Aid implies giving free legal service to the poor and needy who
cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in
any court, tribunal or before an authority.
The concept of legal aid in the form of Article 39A into our constitutional
framework. Hence, legal aid is not a charity or bounty, but is a constitutional obligation of
the state and right of the citizens. The problems of human law and justice, guided by the
constitutional goals to the solution of disparities, agonies, despairs, and handicaps of the
weaker, yet larger brackets of Bharat’s humanity is the prime object of the dogma of
“equal justice for all”. Thus, legal aid strives to ensure that the constitutional pledge is
fulfilled in its letter and spirit and equal justice is made available to the downtrodden and
weaker sections of the society. It is the duty of the State to see that the legal
system promotes justice on the basis of equal opportunity for all its citizens. It must
therefore arrange to provide free legal aid to those who cannot access justice due to
economic and other disabilities.
Justice Krishna Iyer regards it as a catalyst which would enable the
aggrieved masses to re-assert state responsibility, whereas Justice P.N. Bhagwati
simply calls it “equal justice in action”. But, again the constitution not being a mystic
parchment but a Pragmatic package of mandates, we have to decode its articles in the
context of Indian life’s tearful realities and it is here when the judiciary has to take center
stage. Time and again it has been reiterated by our courts that legal aid may be treated as a
part of right created under Article 21 and also under Article 14 and Article 22(1)

Hussainara v. Home Secretary, State of Bihar[1]

Khatri v. State of Bihar[2],

Suk Das v. Union Territory of Arunachal Pradesh,[3]

Kishore v. State of Himanchal Pradesh[4].

He apex court has held access to justice as a human right. Tashi Delek Gaming Solutions v.
State of Karnatka, [5] thus, imparting life and meaning to law.

3
2. History of Legal Aid

The earliest Legal Aid movement appears to be of the year 1851 when
some enactment was introduced in France for providing legal assistance to the
indigent. In Britain, the history of the organized efforts on the part of the State to
provide legal services to the poor and needy dates back to 1944, when Lord
Chancellor, Viscount Simon appointed Rushcliffe Committee to enquire about the
facilities existing in England and Wales for giving legal advice to the poor and to make
recommendations as appear to be desirable for ensuring that persons in need of legal
advice are provided the same by the State.
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.
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 succeeds in providing 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 the legal system programs throughout the country and
bring about a uniform pattern. This Act was finally enforced on the 9th of
November, 1995 after certain amendments were introduced therein by the Amendment
Act of 1994.

4
Contributions Made By Justice V.R.Krishna Iyer To The Development Of
Legal Aid - ‘Processionals Justice To Poor’- A Report

The contribution of justice Krishna Iyer towards the development and

incorporation of the concept of legal aid in the Indian legal system has been tremendous.
His report titled Processionals justice to poor’ has gone a step further in enabling
the recognition of the poor for the purpose of giving legal aid.
In a report on Free Legal Aid in 1971. Justice Bhagwati observed " even while
retaining the adversary system, some changes may be effected whereby the judge is given
greater participatory role in the trail so as to place poor, as far as possible, on a footing of
equality with the rich in the administration of justice."
A similar report of the Committee on Legal Aid titled "processionals justice
to poor" presided over by Krishna Iyer in 1973, dealt with the nexus between law
and poverty, and spoke of PIL in this context. It emphasized the need for active
and widespread legal aid system that enabled law to reach the people, rather than
requiring people to reach the law.
The two judges joined forces as a two member committee on juridicare, released
its final report in August 1977. The report while emphasizing the need for a new
philosophy of legal service programmer cautioned that it ‘must be framed in the light of
socio-economic conditions prevailing in the Country’. It further noted that ‘the traditional
legal service programmer which is essentially Court or litigation oriented, cannot meet the
specific needs and the peculiar problems of the poor in our country’. The report
also included draft legislation for legal services and referred to Social Action Litigation.
Justice Krishna Iyer was appointed as the Chairman of Committee for Legal Aid.
The Committee was formulated as on the 22nd day of October 1972. The
Committee after conducting sample surveys of large part of the country submitted a 275
page report to the Government on the 27th day of May, 1973. This report came to
mark the cornerstone of Legal Aid development in India. The report clearly laid down
that it is a democratic obligation of the State towards its subject to ensure that the
legal system becomes an effective tool in helping secure the ends of social justice. He
coined the word "Juridicare" to cover a scheme of legal aid which brought justice to the
doorstep of the lowly and which was comprehensive in its coverage.

5
 The report clearly suggests the colonial hangover of the Indian legal system which
has prevented it from realizing its true potential and extent. It also recognises the fact that
much of our law was created by The British to suit their convenience and as a result of
this it is mostly insensitive to the socio-economic problems of the masses it set out to
govern and regulate.
The report also made an effort to classify those categories of persons who
are most in need of Legal Aid, they are as follows:-

1. The poor in general;

2. 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.

3. 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 terrain’s, landlocked regions etc.

4. The workman and the peasantry class who toil and labour to earn rewards for their
hard work of which they are often deprived.

5. 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.

6. Women and children who are deprived social justice on grounds of biological
infirmity.

7. 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.

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 fee’s, 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

6
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.
Justice Krishna Iyer regarded the Legal Aid program as a catalyst which would
enable the aggrieved masses to re-assert State responsibility under Part IV of the
Constitution.
Most social evils are an outcome or creation of poverty and the misery that comes
with being poor in a country like India, at the same time it also needs to be borne in mind
that the judiciary no matter however committed it may be towards uplifting the cause of
the poor is ultimately bound by procedural formalities which do not take into account the
misery or problems of the masses. Therefore the sufferings being so may it is not possible
for the legal system to remove even few of such problems. In keeping with the same view
Justice Krishan Iyer asserted that poverty is a creation of unjust institutions and unjust
society. Therefore in a country like India if you are poor you are ineffective socially as
well as economically the only way that you can then be empowered is through radical
revamping of the socio-economic structure. Such a radical change according to him could
only be brought about in the form of a revolution that the legal service programme only is
capable of gearing. Thus the legal aid programme aimed at revamping the socio-
economic structure by way of removing the socially unjust institutions and creating a new
order based upon the ethos of human liberty, equality and dignity of mankind.
He realized the fact that though the system had been flagged off under the term
"We the people of India" it had no longer continued in the same direction want of

Procedural formalities had taken precedence over the people at the cost of which justice
often suffered casualties. He came to recognize the fact that the Courts of law had merely

Become instruments for law’s sake and were not administering justice as such. However,
he placed blame for the attitude of the judiciary on the colonial hangover of namely all
institutional systems in the Country. This LEAD him to express faith in the
Gandhian system which professed the resolution of disputes at the grass root level through
village Panchayat’s.

7
Contributions Made By Justice P.N.Bhagwati To The Development Of The Concept
Of Legal Aid-Report On National Jurdicare: Equal Justice-Social Justice, Ministry
Of Law And Justice And Company Affairs, 1977

Justice P.N. Bhagwati practiced at the High Court, Bombay, he became a Judge of
the Gujarat High Court on 21st July, 1960, and became Chief Justice of Gujarat on 16th
September, 1967. On 17th July, 1973, he became the judge of the Supreme Court
of India. He was also Chairman of the Legal Aid Committee appointed by the
Government of Gujarat for suggesting ways and means of providing free legal aid and
advice to the poor and weaker section of the community; and also acted as Chairman of
the State Legal Aid Committee for running the Pilot Project of free Legal Aid and Advice
in Gujarat. He worked successfully to build up an elaborate legal aid programme. He is
widely regarded as the originator of India’s legal aid programme, including setting up of
legal aid camps in rural areas, working with NGOs, establishing legal aid clinics etc.
The post independence legal aid development was initiated by formation of
Bombay Committee, in 1949 under the chairmanship of Mr. NH Bhagwati, followed by
the below mentioned sequence of reports, committees and rules. Trevor
Harries Committee in West Bengal, 1949 Initiatives by the state governments such as The
Legal aid formed in 1952 in UP, The Legal Aid Committee formed in Madras in 1954,
and so on. Kerala Legal Aid (to the poor) Rules, 1957 14th Report of the Law
Commission of India. Central Government Scheme 1960. National Conference on Legal
Aid, 1970. The Gujarat committee along with Mr. P.N. Bhagwati (Chairman)
constituted of Mr. J.M. Thakore, A.G., Mr. VV Mehta, Deputy Speaker, Gujarat Vidhan
Sabha, Mr. Madhavsinh F. Solanki, M.L.A, Mr. Girishbhai C. Patel, Principal, New Lal
College, and Ahemdabad.

8
3. Research Objective

As a part of the curriculum of LL.M. studies, we students of Sir L.A.SHAH Law

College are required to attend Legal Aid Clinic, observe its organizational pattern, their
areas of function, analyze the cases attended by them, the benefits of the same to
the people and their contribution to society, etc; and then submit the clinical research
report. The Permanent legal aid clinic established at Shahibaugh, near Duffnala. This
permanent legal aid clinic is set up by the Hon’ble Gujarat High Court under State Legal
Services Authority Act. It has its head office at the Gujarat High Court and all the
activities of the legal aid clinic are governed by the Hon’ble Gujarat High Court.
This is a permanent legal aid clinic and here free legal aid is provided to poor people
and other class of people who are qualified to get free legal aid under the act.
We were given information by Advocate Ruchita T Jain on how the legal
aid clinic functions, what are its activities, which people are benefited from legal
aid services, what is their modus operandi. We were given information on how this
clinic was set up and the need for providing legal aid. We got a very practical knowledge
of the working of the legal aid clinic. We also got an opportunity to see how the legal aid
clinic helped people in solving their disputes and giving them legal advice on their rights
under the constitution. They took up many cases of the people and heard their problems
and gave them advice on how to resolve their problems. At the legal aid clinic, an attempt
is made to convince both the parties for settlement of their dispute in an amicable way and
find a way out which is beneficial and acceptable to both the parties. If the parties are not
convinced with the proposal of the legal aid clinic then they can approach the court. The
legal aid clinic gives free advice on how to file a suite and what relief he/she will get in
the court. They also arrange a lawyer who will take their case for free.
The main aim of the legal aid clinic is to help the poor people in getting justice.
The legal aid clinic does not have right to give judgment, it only persuades and facilitates
both the parties to reach a settlement and in case they are unable to resolve their dispute;
then the legal aid clinic gives the person who approached them advice on the
further course of action that he/she can adopt. They explain him/her rights and how to get
justice in the court.

9
 By the constitutional 42nd Amendment Act of 1976, a new provision was included
in the constitution under Article 39 A, for dispensing free Legal Aid. To upload
the democratic values and attain social justice Article 39 A which was included
under Directive Principles of State Policy (Part IV) reads as under :-

“Equal justice and free legal aid- 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 scheme or in any other way, to ensure that
opportunities for securing justice are not denied to any citizen by reason of economic or
other disabilities”.

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 is
letter and spirit and equal justice is made available to the poor, downtrodden and weaker
sections of the society.

10
4. Concept of Legal Aid

It is difficult to imagine a human society without conflicts of interests and thus the
disputes are inevitable. Resolution of disputes is an essential characteristic for
societal peace, amity, comity and harmony and easy access to justice. It is evident
from the history that the function of resolving dispute has fallen upon the
shoulders of the powerful ones. With the evolution of modern States and sophisticated
legal mechanisms, the courts run on very formal processes and are presided over by
trained adjudicators entrusted with the responsibilities of resolution of disputes on the
part of the State. The procession formalization of justice gave tremendous rise to
consumption of time and high number of cases and resultant heavy amount of
expenditure. The disputes must be resolved at minimum possible cost both in terms of
money and time, so that more time and more resources are spared for constructive
pursuits. Obviously, this led to a search for an alternative complementary and
supplementary mechanism to the process of the traditional civil court for inexpensive,
expeditious and less cumbersome and, also, lessstressful resolution of disputes.

The emergence of alternative dispute resolution has been one of the most
significant movements as a part of conflict management and judicial reform, and it has
become a global necessity. Lawyers, law students, law-makers and law interpreters have
started viewing disputes resolution in a different and divergent environmental light and
with many more alternatives to the litigation. While ADR is, now, envisioned and
ingrained in the conscience of the Bench and the Bar and is an integral segment
of modern practice. As such, ADR has been, a vital, and vociferous, vocal and vibrant part
of our historical past.

However, the comparison between judicial statistics from different states also
shows that the litigation rates in various states do not bear a consistent correlation with
their respective population, which indicates that in some states, a larger proportion of the
population has been approaching the courts as compared to that of other states.

11
A perusal of the pendency figures indicates that while there are more civil cases filed in
developed areas, the reliance on civil justice system is shockingly low in states
such as Bihar, Jharkhand, and Chattisgarh, Jammu and Kashmir as well as North-Eastern
states. Thus, it is apparent to note that there is lack of equal access to law and the
law remedies are generally availed by the rich against the poor people. Thus, there is a
need for helping the poor litigants in resolving their disputes by providing free legal
assistance to low – income clients, which is regarded as a divine social service. The
Legal Aid is treated as a human right in a civilized society across the world.

12
5. Origin of Legal Aid

The earliest Legal Aid movement appears to be of the year 1851 when
some enactment was introduced in France for providing legal assistance to the
indigent. In Britain, the history of the organized efforts on the part of the State to
provide legal services to the poor and needy dates back to 1944, when Lord
Chancellor, Viscount Simon appointed Rushcliffe Committee to enquire about the
facilities existing in England and Wales for giving legal advice to the poor and to make
recommendations as appear to be desirable for ensuring that persons in need of legal
advice are provided the same by the State. The Universal Declaration of Human
Rights adopted and proclaimed by the General Assembly of United Nations
Organization on 10th December, 1948 confers obligation on States to promote respect
for rights and freedom by innovating progressive measures in every sphere of human life.
Further, Article 14 on the International Covenant on Civil and Political Rights, 1966
which has adopted by the General Assembly of United Nations Organization on 16th
December, 1966 states that in determination of any criminal charge against him or of his
rights and obligations in a suit of law, every one shall be entitled to a fair public
hearing of a competent, independent and impartial tribunal/court constituted by law.
The said article further states that it is a fundamental right of the accused to be
presumed innocent, until proved guilty to be entitled to minimum guarantees in full
equality without any kind of discrimination.

The Constitution of India provides to secure to all its citizens – Justice – social,
economic and political. Thus it confers the onus responsibility on the state to guarantee
the justice to the people of the country and overcome the hurdles in “equal access to law”
and “equality before law” by enacting laws and schemes and amending the same from
time to time for speedier delivery of Justice.
The chronology of the Legal Aid Movement is as under:

 1952 - The Govt. of India initiated adducing to the question of Legal aid for the poor
in various conferences of Law Ministers and Law Commissions.

13
 1960 - Guidelines chalked out by the Govt. for Legal aid schemes and legal aid
schemes were floated through Legal Aid Boards, Societies and Law Departments.
 1980 - A Committee known as CILAS (Committee for Implementing Legal Aid
Schemes) constituted at the national level under the Chairmanship of Hon. Mr.
Justice P.N. Bhagwati then a Judge of the Supreme Court of India to oversee and
supervise legal aid programme 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.
 1987 - Legal Services Authorities Act was enacted to give a statutory base to

 Legal aid programmes throughout the country on a uniform pattern.

 1995 - Legal Services Authorities Act was finally enforced on 9th of November,

 1995 after certain amendments were introduced therein by the Amendment Act of
1994.

 1995 - National Legal Services Authority Act (NALSA) constituted on 5 th

December, 1995.

 1998 – NALSA started effective functioning from February, 1998.

 2002 – New chapter was introduced in Legal Service Authority Act 1987 making
the provision of permanent Lok Adalats possible.

14
6. The Legal Aid Clinic

A Legal Aid Clinic is a centre from where legal and Para legal services
are offered by professionally trained people to a person with low income for a case which
includes a suit or any proceeding before a court. The '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. The Legal Aid
Clinic is not merely an agency for legal services to the people, but also a centre
for professional education for the law students.

Objective

The object to constitute the Legal Aid Clinic is to provide free and complete legal
service to the weaker section of the society to ensure to get opportunities for
securing justice are not denied to any citizen by a reason of economic or other disabilities
and to organize Lok Adalats and to ensure that the operation of the Legal system
promotes justice on a basis of equal opportunity to all. The Legal Aid Clinic after
examining the eligibility criteria of an applicant and the existence of a prima facie
case in his favor 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.

The clinic is actively participating in the actual litigation and making efforts to
resolve the litigation by way of various alternative dispute resolution systems. Few of the
litigations solved by the clinic are narrated herein:

15
• Service Matters

• Maintenance related cases

• Cases related to bonus and salaries of labourers

• Disputes relating to property

• Dispute regarding pension and PPF

• Cases of forgery and fraud

• Family Pension

• Dishonour of cheque

• Cases relating to matrimonial disputes

• Unauthorized Construction

• Money matters, tenancy matters

16
7. The Legal Framework

The founding father of our Constitution proclaimed of taking the pledge of

dedication to the service of India and her people by inserting new article – 39A in 42nd
amendment in the Constitution of India which provides as follows:

Article 39A - Equal Justice and Free Legal Aid. – “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 legislations or schemes or in any other
way, to ensure that opportunities for securing justice are not denied to any citizen
by reason of economic or other disabilities.”

Civil Procedure Code

Confirming to Article 39 A of the Constitution of India, Section 89 was inserted in

by the Civil Procedure Code (Amendment) Act, 1999 with effect from 1-7-2002 which
read as under: S.89. – Settlement of Disputes outside the Court 1. Where it appears to the
Court that there exists an element of a settlement which may be acceptable to the parties,
the court shall formulate the terms of settlement and give them to the parties for
their observations and after receiving the observations of the parties, the court may
reformulate the terms of a possible settlement and refer the same for:

(a) Arbitration;

(b) Conciliation;

(c) Judicial settlement including settlement through Lok Adalats; or

(d) Mediation

Where a dispute has been referred:

(a) For arbitration or conciliation, the provisions of the Arbitration and Conciliation Act,

17
1996 shall apply as if the proceedings for arbitration and conciliation were referred for
settlement under the provisions of that Act;

(b) To Lok Adalats, the court shall refer the same to the Lok Adalats in accordance with
the provisions of sub-section (1) of Section 20 of the Legal Service Authority Act, 1987
and all other provisions of that Act shall apply in respect of the dispute so referred to the
Lok Adalats;
(c) for judicial settlement, the court shall refer the same to a suitable institution or person
and such institution or person shall be deemed to be a Lok Adalats and all the provisions
of the Legal Services Authority Act, 1987 shall apply as if the dispute were referred to a
Lok Adalats under the provisions of that Act;
(d) For mediation, the court shall affect a compromise between the parties and
shall follow such procedure as may be prescribed.

Criminal Procedure Code

The various criminal issues can be settled by counseling like settlement of

matrimonial dispute, adoption and child care, employment of children and such
other matters affecting family matters.

18
8. Entitlement of Legal Services

Section 12 of the Legal Services Authorities Act, 1987 prescribes the criteria for
availing legal services to the eligible persons. Section 12 of the Act reads as under:-
Every person who has to file or defend a case shall be entitled to legal services
under this Act if that person is –

(a) A member of a Scheduled Caste or Scheduled Tribe;

(b) A victim of trafficking in human beings or beggar as referred to in Article 23 of the

Constitution;

(c) A woman or a child;

(d) A mentally ill or otherwise disabled person as defined in clause 1 of Section 2 of the
person with Disability Act, 1955;

(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; or in a juvenile home within the
meaning of clause (j) of section 2 of the Juvenile Justice Act, 1986 or in a psychiatric
hospital or psychiatric nursing home within the meaning of clause (g) of section 2 of the
Mental Health Act, 1987; 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 Supreme Court, and less than rupees twelve thousand or such other higher
amount as may be prescribed by the Central Govt., if the case is before the Supreme
Court."

19
 The rules have been amended to enhance the income ceiling to Rs.50, 000/- p.a.
for legal aid before Supreme Court of India and to Rs.25, 000/- p.a. for legal aid up to
High Courts;
A person who satisfy all or any of the criteria specified in Section 12 of the act
shall be entitled to receive legal services provided that the concerned authority is satisfied
that such person has a prima facie case to prosecute or to defend.

Further, an affidavit made by a person as to his income may be regarded

as sufficient for making him eligible to the entitlement of the legal services under this act,
unless the concerned authority has reason to disbelieve such affidavit.

20
9. Hierarchy of Bodies under the Act

A nationwide network has been envisaged under the Act for providing legal aid
and assistance. National Legal Services Authority is the apex body constituted to
lay down policies and principles for making legal services available under the provisions
of the Act and to frame most effective and economical schemes for legal services. It also
disburses funds and grants to State Legal Services Authorities and NGOs for
implementing legal aid schemes and programmers.

In every state, a State Legal Services Authority is constituted to give effect to the
policies and directions of the Central Authority (NALSA) and to give legal services to the
people and conduct Lok Adalats in the State. State Legal Services Authority is headed by
the Chief Justice of the State High Court who is its Patron-in-Chief. A serving or retired
Judge of the High Court is nominated as its Executive Chairman.

District Legal Services Authority is constituted in every District to

implement Legal Aid Programmers and Schemes in the District. The District Judge of the
District is Its ex-officio Chairman.

Taluka Legal Services Committees are also constituted for each of the Taluka or
Mandal or for group of Taluka or Mandals to coordinate the activities of legal services in
the Taluka and to organize Lok Adalats. Every Taluka Legal Services Committee is
headed by a senior Civil Judge operating within the jurisdiction of the Committee who is
its ex-officio Chairman.

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10. Constitution of the National Legal Services Authority

National Legal Services Authority was constituted on 5th December, 1995. The
Central Authority shall consist of –

A. the Chief Justice of India who shall be the Patron-in-Chief;

b. a serving or retired Judge of the Supreme Court to be nominated by the President, in

consultation with the Chief Justice of India, who shall be the Executive Chairman; and
c. Such number of other members, possessing such experience and qualifications, as may
be prescribed by the Central Government, to be nominated by that government in
consultation with the Chief Justice of India.

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.

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.

Supreme Court Legal Services Committee

The Central Authority shall constitute a Committee to be called the

Supreme Court Legal Services Committee for the purpose of exercising such
powers and performing such functions as may be determined by regulations made
by the Central Authority.

The Committee shall consist of –

22
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. 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;
(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) Sensitization of Judicial Officers in regard to Legal Services Schemes and

programmers;
(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 Supreme
Court of India and to Rs.25,000/- p.a. for legal aid up to High Courts; and

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 (m)Steps for framing rules for refund of court fees and execution of Awards passed by
Lok Adalats.

In pursuance of the call given by His Lordship Hon. Dr. Justice A.S. Anand, the
Chief Justice of India in the First Annual Meet, 9th of November is being
celebrated every year by all Legal Services Authorities as "Legal Services Day". NALSA
is laying great deal of emphasis on legal literacy and legal awareness campaign.
Almost all the State Legal Services Authorities are identifying suitable and trustworthy
NGOs through whom legal literacy campaign may be taken to tribal, backward and far-
flung areas in the country. The effort is to publicize legal aid schemes so that the target
group, for whom Legal Services Authorities Act has provided for free legal aid, may come
to know about the same and approach the concerned legal services functionaries. NALSA
has also called upon State Legal Services Authorities to set up legal aid cells in jails so
that the prisoners lodged therein are provided prompt and efficient legal aid to which they
are entitled by virtue of section 12 of Legal Services Authorities Act, 1987.

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11. Constitution of the State Legal Services Authority (SLSA)

A State Authority shall consist of –

(a) The Chief Justice of the High Court who shall be the Patron-in-Chief;

(b) a serving or retired Judge of the High Court, to be nominated by the Governor,
in consultation with the Chief Justice of the High Court, who shall be the
Executive Chairman; and

(c) Such number of other Members, possessing such experience and qualifications,
as may be prescribed by the State Government, to be nominated by that
Government in consultation with the Chief Justice of the High Court.

The State Government shall, in consultation with the Chief Justice of the
High Court, appoint a person belonging to the State Higher Judicial Service not lower in
rank than that of a District Judge, as the Member-Secretary of the State Authority, to
exercise such powers and perform such duties under the Executive Chairman of the
State Authority as may be prescribed by that Government or as may be assigned to him by
the Executive Chairman of that Authority.

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. The administrative expenses
of the State Authority, including the salaries, allowances and pensions payable to
the Member-Secretary, officers and other employees of the State Authority shall be
defrayed out of the Consolidated Fund of the State.

High Court Legal Services Committee

The State Authority shall constitute a Committee to be called the High

Court Legal Services Committee for every High Court, for the purpose of
exercising such powers and performing such functions as may be determined by
regulations made by the State Authority.

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The Committee shall consist of –

a) A sitting Judge of the High Court who shall be the Chairman; and

b) Such number of other Members possessing such experience and qualifications as may
be determined by regulations made by the State Authority, to be nominated by the Chief
Justice of the High Court.

Functions of the State Authority

It shall be the duty of the State Authority to given effect to the policy and
directions of the Central Authority. The State Authority shall perform all or any of the
following functions, namely:-

a) Give legal service to persons who satisfy the criteria laid down under this Act.
b) Conduct Lok Adalats, including Lok Adalats for High Court cases;
c) Undertake preventive and strategic legal aid programmes; and

d) Perform such other functions as the State Authority may, in consultation with
the Central Authority, fix by regulations.

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12. Constitution of the District Legal Services Authority (DLSA)

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 High Court.
The administrative expenses of every District Authority, including the salaries,
allowances and pensions payable to the Secretary, officers and other employees of the
District Authority shall be defrayed out of the Consolidated Fund of the State.

Functions of the District Authority

The District Authority may perform all or any of the following functions, namely:-

a) Co-ordinate the activities of the Taluka 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.

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13. Constitution of the Taluka Legal Services Authority (TLSA)

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 High Court.

Functions of the Taluka Legal Services Committee

The Taluka Legal Services Committee may perform all or any of the following functions,
namely:-

a) Co-ordinate the activities of legal services in the Taluka;

b) Organize Lok Adalats within the Taluka; and

c) Perform such other functions as the District Authority may assign to it.

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14. Practical Work

As a part of the syllabus for LL.M., we are required to prepare a report on the legal
aid clinic and cases attended by us. We are required to write a report on at least five cases
attended by us at the legal aid clinic. Here I am writing the five cases attended by me at the
legal aid clinic.

Case 1
The first case was that by a woman to get maintenance from her husband. The woman
was poor and had two children. Her husband had left the house after having a quarrel with her.
The husband was a worker in a factory. Their marriage had been for 15 years and now the
man had left his house and was staying at a different house. The woman claims that
her husband is having an extra marital affair and he has left the house so that he can stay with
the other woman. The man says that her wife has been giving her mental torture and she
used to quarrel with him daily and she had a very suspicious nature. She used to allege
daily that he had an affair. The husband had left his house since one year and was not giving
any maintenance to his wife. The wife had to raise her two children all alone. She had sold all
her jewellery and some items from the house so that she could maintain herself and both her
children. She did not have anything to sell now and was Incapable of maintaining herself.
The woman approached the legal aid clinic to get help so that she can get
maintenance from her husband. The husband was called to the legal aid clinic and he was told
that he had a duty under the law to give maintenance to his wife; no matter who was at fault.
They also told him that his wife had a legal right to get maintenance and she can approach the
court to get it. The husband said that he was a poor man and was not able to maintain expenses
of two houses. He further said that he had no problems in staying with her wife again, if she
promises not to quarrel with him for every small matter. The wife said that her children
needed their father and therefore she was willing to stay with her Husband if he promised to
stay peacefully with her.Both husband and wife agreed to co-operate and stay together in the
interest of their children. Therefore the matter was solved peacefully and there was no need to
give maintenance to the wife. The legal aid clinic advised them to settle their difference and
told the wife that if in case her husband does not stay with her and does not provide

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maintenance then she can approach the Court to claim maintenance from her husband and she
would be given any further help if needed.
Hence in this case the matter was solved peacefully with the help of the legal aid clinic
and both the parties did not have to incur huge expenses in fighting the case in the court.

Case 2

The second case was that domestic violence. The facts of the case were as under. X
had come to the legal aid clinic to seek legal help regarding domestic violence. X
alleged that her husband used to beat her up almost daily after consuming liquor. She said that
her husband used to beat her up even if the salt was little less in the food. X said that she has
been tolerating her husband since four years but now she can not take anymore and therefore
she wants that her husband be punished.

The legal aid clinic called her husband and told him whatever his wife had
complained to them. They asked him whether it was true that he used to beat her wife daily.
X’s husband admitted that he sometimes under the influence of the liquor lost his cool and
beat her. The lawyer at the clinic told X’s husband that beating his wife was a criminal
offence and he can be sent to jailed if proved guilty. Also he would be punished for
consuming liquor which is illegal.

X’s husband said that he would not beat her wife in future and was ready to
apologies to her wife. The lawyer asked X if she was ready to forgive her husband andWas
ready to live with him. X agreed to forgive his husband. The lawyer warned X’s husband
that in future if he raised his hand on her wife, he would be sent to jail. The lawyers
advised X that if in future her husband beats her then she can come to the clinic and can file a
complaint against her husband. He promised that all necessary help would be given o her free
of cost if she wants to file a complaint against her husband.

This matter was settled with both the parties agreeing to live with each other. X
Was promised full legal help in future if she had any problems with her husband.

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Case 3

The third case was of that of Consumer Dispute. The facts of the case were as
under.Ajay has purchased new Lenovo Laptop configuration of which 2GHz Intel Core i3-
5005U processor, 4GB DDR3L RAM, 1TB 5400rpm Serial ATA hard drive, 15.6-inch
screen, Integrated Graphics from croma, purchase date: 21st June, 2015 with invoice
including one year warranty.
th
On Date 15 September, 2015 the screen of the laptop damaged by Ajay. After
that Ajay contacted the person in croma from where the laptop has been purchased the person
who is doing is job in croma advice to Ajay that please contacted dealer of Lenovo so
that the screen damaged by you has been repaired. But the dealer ignores Ajay and dispute
regarding screen of the laptop. We are not giving responded at all, please contacted at
dealer.
Ajay contacted legal aid at Shahibaug and advise given by Jalkaben Shah resolve the
dispute regarding damaged of screen of the laptop otherwise present applicant (Ajay) will
registered case against you in consumer court.
The dealer of the Lenovo company given a new screen or repair of screen and
were the case is resolved at legal aid center.
Case 4
The fourth case is about Dispute with Wife.
As per given information provided Mr. X is lived at particular place. His father in law
has taken his wife from his house & then he meets his father & said that if they live

separately then & then Wife of Mr. X will come to their house & she will not leave the job.
They put three conditions to us, Give separate house to my daughter to live with her husband
(Mr. X is the only child of my parents) i.e. he don’t want to live separately.
His wife repeatedly calls and messages him that she wants to meet him and if he
accepted all terms & condition then she will come & if he don’t want to meet her then give
her money in to the court & she also write in massage that if she will do anything wrong to
herself then totally responsibility is on him & his family. She will torch me like this regularly.

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 Mr. X is present & they pass almost two year of their married life. To give proper
explanation to both party then proper decision can be taken & call to wife (opposite
party) with help of written letter then issue will be solved.

Mr. X is present & his wife also present & then lawyer of clinic give full effort for
settlement and give proper time for think about issue.
Mr. X & his wife are present & lawyer of clinic give full effort for settlement but
failed for settled. To close this file lawyer give suggestion to Mr. X & his wife to
go through the court to solve the dispute and take free legal advice.

Case 5
The fifth case was of bigamy.
A woman named Y approached the legal aid clinic. She alleged that her husband had
married another woman and had cheated her. The legal aid clinic called her husband and
asked whether he had married another woman without taking divorce from her first wife. The
husband agreed that he had married another woman. He said that his wife used to abuse him
and used to quarrel with him. Therefore he left his house married another women. He said that
he is giving maintenance to his wife but he does not want to stay with him.

The lawyer at legal aid clinic told him that he had no right to marry another
woman without obtaining divorce from his first wife. The lawyer told him that he had
committed an offence under the Indian Penal Code and was liable for punishment. The lawyer
advised Y that she had a right to file a complaint against her husband. He told him to give all
the necessary legal aid to file a complaint against her husband and she would be given a
lawyer for free to fight her case. Y said that she wants to file a complaint against her
husband. She was explained the procedure to file the complaint.

The lawyer explained her that it was her right to file a complaint against her
husband and the clinic will give him all the necessary help.

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15. Conclusions and suggestions

To conclude this report in my view, the 24 hours Legal Aid Clinic working under the
Gujarat Legal Services Authority is functioning with complete efficiency. The legal aid clinic
is very helpful in solving the problems of the seekers of Justice. The legal aid clinic also acts
as a mediator between both the parties and helps to bring an amicable settlement to
their problems. If somehow the matter is not solved, then the clinic also helps the
person in filing a suit/complaint and also arranges for a lawyer who would take up the matter
free of cost.

The legal aid clinic is a wonderful step towards achieving equality in terms of
giving justice to everyone irrespective of their financial condition. Legal aid clinic is
doing a very wonderful job of helping needy people to get justice. It is observed that the
expertise people from various fields give their free service to the clinic for attainment of
Justice to the seekers of Justice and re-instate the faith in the legal system of the country.
Daily many cases are solved by the legal aid clinic and lot of people gets benefited by the
legal aid clinic. Thus the clinic contributes its share to the issues related to human rights and
the services to the weaker and disadvantage segments are concerned.

• 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 Authority Act, 1987 which acts as
the guideline of the rendering of free justice.

• It is highly interesting to know the problems of the rural poor and urban poor
separately and also to find out 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 of these differences in legal needs of
the poor and design the program accordingly.

• NALSA has formulated a strategy to provide basic and essential knowledge to the
vulnerable groups so that they can understand the law and know the scope of their
Rights under the law and eventually assert their rights as a means to take action,
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 Uplift their social status and being in social change.

• Lack of awareness is the main impendent in effective ‘legal aid’. Efforts should be
made to inform the public of the existence of these services by using electronic
media and aggressive campaigns. Government should also target rural areas for
making them aware about this concept.

• Free legal aid must not be read to imply poor or inferior legal services.
The lawyers in the panel should be experienced. The legal services which are
given to the poor should be qualitative.

• Each district legal aid service authority should be evaluated and compared with
other district legal service authority as well as intra states to encourage legal aid.

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