JAMIA MILLIA ISLAMIA

FACULTY OF LAW

PROJECT
(Law and Poverty)

Topic- Concept of Legal Aid and the Poor- The Legal Service Authorities Act,

1987
Submitted to - Mr. Rasheed C A

Submitted by –
Pranav Swarup Pandey
B.A.LL.B. (Self-Finance) (Second Year) (Semester-IV)
Roll No.: 49
Batch (2019-2024)
 INDEX
INTRODUCTION-----------------------------------------------------------------------3

LEGAL AID -----------------------------------------------------------------------------4

EVOLUTION OF LEGAL AID -------------------------------------------------------4

INTERNATIONAL INSTRUMENTS…. LEGAL AID ----------------------------5

NATION RECOGNITION OF LEGAL AID IN INDIA----------------------------6

LEGAL SERVICE AUTHORITIES ACT, 1987 ------------------------------------8

ROLE OF JUDICIARY ---------------------------------------------------------------10

CONCLUSION ------------------------------------------------------------------------12

BIBLIOGRAPHY ---------------------------------------------------------------------13

2
 INTORDUCTION
In countries, especially like India, where development is going at an expeditious rate, it is very
necessary that along with the progress in the fields of industrialization, marketing, finance, etc.
there is also a need to focus on issues which are of greater importance such as upbringing of the
backward sections of the society and overcoming the problem of illiteracy, population explosion,
etc., which are generally ignored in countries which are developing at a rigorous pace.

Poor people in such societies generally face exploitation and suppression on day-to-day basis.
This exploitation further leads to injustice in the sphere of social-justice. Since there is an
imbalance in such societies, people belonging to backward sects of the society are unable to raise
the voice against such exploitation because of they are not able to afford a legal practitioner who
can represent them in the Court of Law. There are also instances where people are not aware of
their rights and duties and because of this lack of knowledge or illiteracy people even don’t know
that if they are deprived of any rights or not. There are various other social evils which lead to
injustice in the society but the two main reasons because of which people are facing social
inequality are Poverty and Illiteracy.

With the rise in the number of cases of exploitation, social injustice has become a matter worth
attention and the need, to make people aware of their rights and duties, and, giving further
assistance to the needy people, was felt.

Taking account of this problem Government of India has taken various steps, by way of different
governmental policies and enactments, to make common mass aware of their legal rights and
duties so that they can be aware of any act which is violative towards their rights. To promotes
justice in the society, government has organized various policies via different authorities,
governmental as well as Non-governmental (NGO). Such steps taken by the Government will
further help the affected people to lead a better life.

Now let us further discuss this concept of Legal Aid- helping poor and needy people by giving
them legal assistance- in a broader sense.

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LEGAL AID

The term ‘Legal Aid’ is a very extensive term, under its ambit it includes counselling, remission
of lawyer’s fees and various other aids that are necessary while filing a complaint or defending
against one.

In simple terms ‘Legal Aid’ is defined as a special legal assistance which is given to the
necessitous or the poor people of the society in order to promote social equality and promoting
justice among the common mass. The main aim behind this concept is to make people enjoy their
rights without any exploitation. The assistance should be given not only in financial terms but
also given by way of counselling.

‘Legal Aid’ under ‘The Encyclopedia Britannica’ is defined as, “the professional legal assistance
given, either for free or for a nominal fee, to some indigent person in need of such help.”1

This is also ‘Pro Bono Verito’ Services.2

EVOLUTION OF LEGAL AID IN INDIA

The term ‘Legal Aid’ was first ever coined in France in the year 1851. The government of France
introduced this concept to give legal help to that section of the society who are unable to
represent themselves at the Court of Law.

While in Britain this concept dates back to the year 1944 when Rushcliffe Committee was
appointed under Lord Rushcliffe to give advice to poor in their legal matters. In 1945, the
attention of Indian Government was drawn towards this committee by Bombay Legal Aid
Society. Considering this, the Government of Bombay appointed a committee under the
chairmanship of Justice N.H. Bhagwati to examine the problem of Legal Aid in India. The

1
Jacob E. Safra (Ed.) XXII, The New Encyclopedia Britannica (Encyclopedia Britannica Inc. Chicago), edn., 2007
2
Nipun Saxena. Critical Appraisal of Pro Bono Veritoservices at the Global Panorama” in Raman Mittal, K.V
Sreemithun et.al. (eds.), Legal Aid: catalyst for Social Change 3 (Satyam Law International, New Delhi, 1st edn,
2012.

4
Government of West Bengal also framed a committee under Sir Arthur Trevor Harries to assist
poor people in their legal matters.

The first Law Commission in its 14th report recommended that free legal aid is a service should
be provided by the State to the poor and while accepting the obligation, State must make
provision for funds to provide legal aid scheme.3

Various other Law Conferences were held on Legal Aid such as All India Lawyers Conference
in1962, National Conference on ‘Legal Aid and Legal Advice’ in New Delhi in 1962. Then
finally in 1980, a committee was formed under Justice P.N. Bhagwati to govern and implement
various legal aid schemes throughout India. This committee came to be known as CILAS, which
stands for ‘Committee for Implementing Legal Aid Schemes’.4 The aim of this was to give legal
assistance to the poor who are not able to get legal help because of various social hurdles. This
committee also achieved success as Lok Adalats were set up to legal help because of various to
citizens of India. These courts followed speedy trial because of which justice was delivered in
less time as compared to other courts.

INTERNATIONAL INSTRUMENTS RECOGNISING LEGAL AID

After World War II, most of the countries were working on stabilizing universal peace and one
of the basic steps towards stabilizing universal peace is to give social justice to their respective
citizens. Various nations including France, Norway, England, etc. agreed upon convention to
give legal assistance to the poor or needy section of the society.

Let us discuss some of such international provisions which are enacted to promote legal aid at
international level.

a) UDHR (Universal Declaration of Human Rights), 1948

There is no mention of Legal Aid in this declaration in express terms, but it is implicitly
mentioned within UDHR that dignity of human beings should be protected. The concept

3
Gurmeet Nehra, ‘Access to Justice: Role of Legal Aid in its Complete Realization’, Volume-2, Issue-5, International
Journal of Law, 77
4
Available at: http://www.legalserviceindia.com/article/l206-Legal-Aid.html, last visited on 2/4/2021

5
 of Legal Aid has been mentioned in terms of Human Rights in Article 7, Article 8 and
Article 10 of UDHR.

b) The European Convention of Human Rights, 1953

Within this convention it is mentioned that it is the right of a person, who is charged with
a criminal offence, to defend himself and legal aid should be provided to the concerned
person. 5

c) The United Nation Conference on the Prevention of Crime and Treatment of

Offender
Under this conference, a unanimous decision was taken on the need to provide legal
assistance to the arrested and accused person and to convicted person. 6

d) The American Convention on Huma Rights, 1969

This convention also deals with the concept of Legal Aid as in its Article 24 it is
mentioned that all are equal in the eyes of law while under Article 8(2)(e) says that state
is under obligation to provide legal assistance to the indigent in the society.7

Many more such programmes are run by various countries to provide social justice to the
destitute, for example, International Convention of Civil and Political Rights, 1966, The African
Children’s Charter, 1990, and many more.

NATIONAL RECOGNITION OF LEGAL AID IN INDIA

Like various other nations, in India there are also various provisions, acts, committees and
programmes that run to give legal representation to the needy people so that they can access the
judicial system.

5
Article 6(3), European Convention of Human Rights
6
Sujan Singh, Legal Aid Human Right to Equality, Deep & Deep Publications, New Delhi, 1996, pp 15
7
Available at http://www.hrcrorg/docs/American_convention/oashr5.html; last visited on 2/4/2021

6
Let us discuss such provisions and acts in brief.

 Constitutional Provisions
I. Article 39A
The 42nd amendment which was made to the Indian Constitution in the year 1976 led
to the enactment of Article 39A which says, “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 securing justice are not denied to any citizen by
reason of economic or other disabilities.”8

II. Article 14
According to Article 14, “The State shall not deny to any person equality before the
law or the equal protection of the laws within the territory of India Prohibition of
discrimination on grounds of religion, race, caste, sex or place of birth.”9

III. Article 21
Article 21 of Indian Constitution aim towards social equality as, “Protection of life
and personal liberty No person shall be deprived of his life or personal liberty except
according to procedure established by law.” 10

IV. Article 22(1)

Article 22(1) provides that State is under obligation to provide free legal aid so that
the person in need can represent himself/herself in the Court of Law.

 Legislative Instruments
1) The Criminal Procedure Court, 1973
According to the Section 304 of CrPC, it is the duty of the state to give the legal
assistance to an indict person at its own expense.

8
Article 39A, Constitution of India
9
Article 14, Constitution of India
10
Article 21, Constitution of India

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 The state has the discretion to extend the application of provision to any class or trial
before the other court in the state.11
2) Civil Procedure Court, 1908
Order 33 of CPC enables an indigent person to institutes suits, before a civil court,
without requiring such as person to pay the court fees.12
Further, where the person is unable to make such arrangements due to various
reasons, civil court has the discretion to assign a legal practitioner to such indigent
person.13

LEGAL SERVICE AUTHORITIES ACT, 1987

The Legal Service Authorities Act, 1987 was enacted to give legal aid to the poor throughout
the India by means of various schemes and programmes. This act came into force in 1995
although it was enacted almost 8 years ago. This act was brought into application after some
amendments were made within the act by Amendment Act of 1994. A pivotal role was
played by Hon’ble Justice R.N. Mishra, Chief Justice of India at that time, in enforcing this
Act.14
The legal Service Authorities Act end up making various committee to provide legal aid to
the poor. For example, National Legal Service Authority (NALSA), State Legal Service
Authority (SLSA), District Legal Service Authority (DLSA) and Taluk Legal Service
Committees.15 Let us discuss all these statutory bodies in brief.

A. National Legal Service Authority (NALSA)

This authority has been set up under Section 3(1) of Chapter II of Legal Service
Authorities Act, 1987 to implement legal aid services, impart legal literacy and monitor
legal aid clinic. NALSA was established on December 5, 1995. It is presided by the

11
Jeet Singh Mann, “Impact Analysis of the Legal Aid Services Provided By the Empaneled Legal Practitioners on the
Legal Aid System in City of Delhi”, Research Project, UGC (2012-14), pg 34, (National Law University Delhi, 2017)
12
The Code of Civil Procedure, 1908, Order 33 Rule 17
13
The Code of Civil Procedure, 1908, Rule 9A
14
Available at : https://www.legalbites.in/legal-services-authorities-act-1987/, last visited on 2/4/2021
15
Act no. 39, of 1987, wef October 11, 1987

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 Hon’ble Chief Justice of respective state High Court. It is the highest authority to law
down policies and principle to make legal aid available for whole country according to
the provision of Legal Service Authorities Act, 1987. It also distributes funds to SLSA,
DLSA and other Non-Governmental Organisations (NGOs).

B. State Legal Service Authority

These authorities have been established under each state to promote the concept of legal
aid. It is headed by the Hon’ble Chief Justice of High Court while a serving or retired
judge of High Court is nominated as Executive Chairman.

C. District Legal Service Authority

These authorities have been constituted to provide free legal aid at district level. Head of
this authority is the District Judge.
Section 11-A and Section 11-B were added to the Legal Service Authorities Act, 1987 by
the Act 59 of 1999 relating to the Taluk Legal Services.

 WHO ALL ARE ENTITLED TO FREE LEGAL AID

The eligibility criteria to enjoy free legal aid has been given under the Article 12 of Legal
Service Authorities Act, 1987. According to the Section 12 of Legal Service Authorities Act,
1987 every person is eligible to get legal aid provided that the person is: -
a) a member of Schedule Class and Schedule Tribe;
b) a person who has suffered from natural calamity, industrial worker, children, lunatic, and
a person not in his senses, physically handicapped, person in the custody of the police;
c) a person who is having an annual income below 1 lakh;
d) mentally disturbed;
e) a woman and child;
f) a victim of mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake,
industrial disaster, and other cases of undeserved want;
g) unable to take legal aid because of prevalent poverty and adverse situation;
h) in case of order by competent authority;

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 i) in case of greater public importance;
j) victims of human trafficking.

 REJECTION OF LEGAL AID

An application which is filed by a person in order to seek legal help can be rejected on the
following ground: -
a) If the applicant is financially well-off that he can afford a lawyer;
b) If the person does not fulfil any of the criteria mentioned earlier;
c) If the case is of legal matters and it does not deserve any legal action.

If the application is rejected then the reason for which it is being rejected must be recorded
and also the applicant must be informed for the same. The applicant also has the right to
appeal against rejection to the chairman of authority.16

It is also within the power of Legal Authority that they can take away all the assistance that
has been given to a person but only on the ground that he/she has lied in his application to get
the legal aid or if he is able to afford a lawyer’s fees.

ROLE OF JUDICIARY

Judiciary in India has played a pivotal role in promoting the idea of giving legal aid for free
the needy ones. Supreme Court has also been a crucial organisation which has worked
towards free legal aid services for unprivileged section of society. Legal Aid has evolved in
India with the help of various case laws. Let us discuss some of them.

Hussainara Khatoon V. State of Bihar17

In this case it was held that right to free legal aid and services is now to be considered as a
fundamental right and will come under the ambit of Article 21 of Indian Constitution.

16
Pravita Panda, Legal Aid in India- An Overview, Indian Journal of Applied Research, Volume-6 Issue-2
17
AIR 1979 SC 1369

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 It is now fundamental right for trodden people to get free legal assistance so that they can
represent themselves at the Court of Law.

Madhav Hayawadanrao V. State of Maharashtra18

In this case Justice Krishna Iyer held that is the sentence of imprisonment is passed against a
person and that person is unable to exercise his constitutional and statutory rights of appeal,
then under Article 142, read with Article 21 and Article 39A, then it is the duty of state to
arrange a counsel for him/her.

Khatri & Ors. V. State of Bihar & Ors.19

In this case it was held that it is the duty of the state to give legal assistance to a person not
only at the stage of trial but also when he/she is produced to magistrate.

Sukh Das V. Union Territory of Arunachal Pradesh20

In this case it was observed that, “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 as prescribed under Article 21.”21

Indira Gandhi V. Raj Narain22

In this case the court pressed upon the concept of equality of justice. The court held that the
remedy will go to the Court of Law even when a person is presented before magistrate
without any legal aid.
State of Haryana V. Darshana Devi23
The court held that the poor should not be priced out of the justice market by insistence on
court fees and refusal to apply exemptive provision of order XXXIII, CPC.24

18
AIR 1987 SC 1548
19
AIR 1981 SC 1068
20
AIR 1982 SC 991
21
Scott, C.H.: Legal Aid Past and Present, A Brief Bleak Picture, pg 45
22
1975 AIR 865
23
1975 AIR 855
24
Pravita Panda, Legal Aid in India- An Overview, Indian Journal of Applied Research, Volume-6 Issue-2

11
 CONCLUSION

From the above discussion we can conclude that apart from progression in spheres such as
infrastructure, technology, etc. progress should also be in improvising social justice within the
country. So to achieve this goal, concept of social justice has been invoke in many countries
through various acts and conventions. So, the focal point of legal assistance is on distributive
equity, successful execution of government assistance advantages and disposal of social and
underlying oppression poor people. It works as per the Legal Services Authority Act, 1987 which
goes about as the rule of the delivering of free equity It's a great right enriched in our
Constitution in the Article 39A to advance Equity on equivalent premise.

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 BIBLIOGRAPHY

Journals

 Gurmeet Nehra, ‘Access to Justice: Role of Legal Aid in its Complete Realization’,
Volume-2, Issue-5, International Journal of Law, 77
 Jeet Singh Mann, “Impact Analysis of the Legal Aid Services Provided By the Empaneled
Legal Practitioners on the Legal Aid System in City of Delhi”, Research Project, UGC
(2012-14), pg 34, (National Law University Delhi, 2017)
 Pravita Panda, Legal Aid in India- An Overview, Indian Journal of Applied Research,
Volume-6 Issue-2

Websites
 Available at: http://www.legalserviceindia.com/article/l206-Legal-Aid.html, last visited
on 2/4/2021
 Available at http://www.hrcrorg/docs/American_convention/oashr5.html; last visited on
2/4/2021
 Available at: https://www.legalbites.in/legal-services-authorities-act-1987/, last visited on
2/4/2021

Acts and Provisions

 Article 6(3), European Convention of Human Rights
 Article 39A, Constitution of India
 Article 14, Constitution of India
 Article 21, Constitution of India
 The Code of Civil Procedure, 1908, Order 33 Rule 17
 The Code of Civil Procedure, 1908, Rule 9A
 Act no. 39, of 1987, wef October 11, 1987

Case Laws
 AIR 1979 SC 1369
 AIR 1987 SC 1548
 AIR 1981 SC 1068
 AIR 1982 SC 991
 1975 AIR 865
 1975 AIR 855

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