Legal Provisions relating to Free Legal Aid -II:-Article 39A of the Constitution of India provides

that State shall secure the operation of the legal system promotes justice on a basis of equal
opportunity, and shall in particular, provide free legal aid, by suitable legislation or schemes or in
any other way, to ensure that opportunities for securing justice are not denied to any citizen by
reason of economic or other disability. Articles 14 and 22(1) also make it obligatory for the State
to ensure equality before law and a legal system which promotes justice on a basis of equal
opportunity to all. Legal aid strives to ensure that constitutional pledge is fulfilled in its letter and
spirit and equal justice is made available to the poor, downtrodden and weaker sections of the
society.

Legal Aid Under Cr.P.C:- S. 304(1) "Lays down that when accused facing a trial. Concept of
free legal aid scheme under legal services Authority. Act is only when accused facing trial in
court. When person is VV poor, then he can get legal aid. In the absence of lawyer, the entire
trial becomes vitiated and then case to be remanded back to the trial court. Court to ask the
accused, whether he has services to engage a lawyer or not. If not, the court is bound to give
him lawyer from the bar, who should be well versed with the law and to be get paid by St. Govt.
Court cannot sympathize with a lawyer. Lawyer must be a competent one.

Legal Aid Under CPC: Order 33, rule 17 of CPC: Suit by or against an indigent person. When a
plaint along with petition, that person unable to avail services of an lawyer, then court exempts
him from court fees. ORDER XXXIII.
Suits may be instituted by in by indigent person. Subject to the following provisions, any suit may
be instituted by an indigent person
Explanation I—A person is an indigent person,—
(a) if he is not possessed of sufficient means (other than property exempt from attachment in
execution of a decree and the subject-matter of the suit) to enable him to pay the fee prescribed
by law for the plaint in such suit, or
(b) where no such fee is prescribed, if he is not entitled to property worth one thousand rupees
other than the property exempt from attachment in execution of a decree, and the subject-matter
of the suit.
Explanation II—Any property which is acquired by a person after the presentation of his
application for permission to sue as an indigent person, and before the decision of the
application, shall be taken into account in considering the question whether or not the applicant
is an indigent person.
Explanation II—Where the plaintiff sued in a representative capacity, the question whether he is
an indigent person shall be determined with reference to the means possessed by him in such
capacity.]

Judicial Activism:-The Judicial Activism in India can he witnessed with reference to the review
power of the Supreme Court under Article 32 The term 'judicial activism' refer to the action of the
courts beyond the power of judicial review. In short, judicial activism means the Supreme Court
and other lower courts become activists and compel the authority to act and sometimes also
direct the government regarding policies and also matters of administration. Judicial activism has
arisen mainly due to the failure of the executive and legislatures to act effectively and to deliver
the goods in just manner.Judicial activism plays an important role in Bhopal gas tragedy and the
Jessica Lal Murder case.
Judicial activism through public interest litigation:- In India judicial activism was made
possible by PIL (Public Interest Litigation). Generally speaking, before the Court takes up a
matter for adjudication, it must be satisfied that the person who approaches it has sufficient
interest in the matter. It was made so in favour of social action and the court accepts its validity
and steps in to set things right. Ideologically, such litigation and judicial intervention born of it has
transformed the classical liberal rights model enshrined in the Constitution into a paradigm
provided ‘rights’. Undoubtedly, such litigation has provided an ordinary man an access to the
apex court of the country.

Article 22 indian constitution legal aid: Our constitution is based on fundamental that "Let
Hundreds Go Unpunished, But Never Punish An Innocent Person" Right to get a fair
representation in a criminal procedure is a facet of Right to Equality (Article 14).Thus, accused is
given fair equality as par with other citizen. Also by the judicial voice, a wider ambit has been
given to right to life and liberty and thus accused are given a human treatment in jails fulfilling
reformative approach (Article 21). Article 22 talks that No person shall be detained in custody
without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied
the right to consult and to be defended by, legal practitioner of his choice. The exception to the
right is that it is not to be applied on alien. Thereby, these rights under constitution are inherent
rights and cannot be altered or changed.

Legal Services Authority Act,1987:-An act to constitute legal services authorities to provide
free and competent legal services to the weaker sections of 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 the operation of the legal system promotes justice on the basis
of equal opportunity.
criteria for giving legal services:- Persons who are entitled legal services under this act are :-
1.To a member of Scheduled Tribe or Scheduled Cast
2.To a victim of trafficking in human beings or beggars
3.To women and children
4.To a person with disability
5.To a person being victim of mass disaster, ethnic violence, caste atrocity, flood, drought ,
earthquake or industrial disaster.
6.To a person in custody , including custody in protective homes like juvenile home etc.
7.To a person whose annual income is less than 9 thousand rupees as prescribed by State
Government and 12 thousand rupees as prescribed by Central Government.
Provision:- Object, the national legal services authority, Supreme court legal service commette,
State legal service authority, Highcourt legal service commette, District legal services authority,
Taluka legal service commette, Fund, Lok adalat, Power to make rule

The composition of National Legal Services Authority: Section 3 of Legal Services Authority
Act, 1987 provides that the Central Government shall constitute a body called the National Legal
Services Authority to exercise the powers and perform the functions conferred on, or assigned to
the Central Authority under this Act.
Sub-section 2 of Section 3 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 Supreme
Court to be nominated by the President
Rule 3 of the National Services Authority Rules provides that Central Authority shall consist of
not more than 12 members, the following shall be the ex-officio members of Central Authority. (i)
Secretary, Department of Legal Affairs, Ministry of Law, Justice and Company Affairs,
Government of India or any of his nominees;
Functioning of NALSA
NALSA lays down policies, principles, guidelines and frames effective and economical schemes
for the State Legal Services Authorities to implement the Legal Services Programmes throughout
the country.
Primarily, the State Legal Services Authorities, District Legal Services Authorities, Taluk Legal
Services Committees, etc. have been asked to discharge the following main functions on regular
basis:
I. To Provide Free and Competent Legal Services to the eligible persons;
II. To organize Lok Adalats for amicable settlement of disputes and
III. To organize legal awareness camps in the rural areas.

Public interest litigation:-in Indian law, means litigation for the protection of public interest. It is
litigation introduced in a court of law, not by the aggrieved party but by the court itself or by any
other private party. It is not necessary, for the exercise of the court's jurisdiction, that the person
who is the victim of the violation of his or her right should personally approach the court. Public
Interest Litigation is the power given to the public by courts through judicial activism. Such cases
may occur when the victim does not have the necessary resources to commence litigation or his
freedom to move court has been suppressed or encroached upon. The court can itself take
cognisance of the matter and proceed suo motu or cases can commence on the petition of any
public-spirited individual.

Origin and development of Public interest litigation in India:- The origin and development of
public interest litigation in India can be traced back to mid 1970’s. It was mainly because Justice
P.N. Bhagawati that the concepts of free legal aid to the poor and socially backward people and
public interest litigations started developing in India. According to him “...legal aid means
providing an arrangement in the society so that the missionary of administration of justice
becomes easily accessible and is not out of reach of those who have to resort to it for
enforcement of its given to them by law, the poor and illiterate should be able to approach the
courts and their ignorance and poverty should not be an impediment in the way of their obtaining
justice from the courts.

Lok Adalat:- is one of the Alternative dispute resolution mechanisms in India, it is a forum
where cases pending or at pre litigation stage in a court of law are settled. They have been given
statutory status under the Legal Services Authorities Act, 1987. Under this Act, the award
(decision) made by the Lok Adalat is deemed to be a decree of a civil court and is final and
binding on all parties and no appeal against such an award lies before any court of law. If the
parties are not satisfied with the award of the Lok Adalat (though there is no provision for an
appeal against such an award), they are free to initiate litigation by approaching the court of
appropriate jurisdiction.

The object of establishment of Lok Adalat is to settle the disputes quickly by counseling and
discussions, etc. Its basis is to provide quick justice with the mutual and free consent of the
parties. The provision for establishment of Lok Adalat has been enacted with the object to reduce
burden on the Courts so that the problem of law's delay may be solved and people may get
justice within due time. It is supplementary to the judicial system and not a substitute thereof.
Jurisdiction of Lok Adalats:- 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:
1. any case pending before; or
2. any matter which is falling within the jurisdiction of, and is not brought before, any court for
which the Lok Adalat is organized.