LEGAL SERVICES AND LOK ADALAT

Introduction

• In India, less than 33 percent of the people know how to write and read sufficiently and
usefully and majority of the people are poor or indigent and most of them live below the
poverty line

• There could not be any real equality in criminal cases unless the accused got a fair trial of
defending himself against the charges laid and unless he had competent professional
assistance.

• In Hussainara Khatoon v. State of Bihar Supreme Court observed that it was not possible
to reach the benefits of the legal process to the poor, to protect them against injustice
and to secure to them their constitutional and statutory rights unless there was a
nationwide legal service programme to provide free legal services to them.

• In Sukh Das v. Union Territory of Arunachal Pradesh, the Supreme Court while interpreting
legal aid as a fundamental right which the state is constitutionally obliged to provide to
every indigent accused in criminal proceedings, that this fundamental right could not be
denied to the accused if they did not apply for free legal aid.

• In Khatri v. State of Bihar, the Supreme Court has held thus:-The right to free legal aid
extends not only at the stage of trial but also at the stage when an accused is first
produced before the Magistrate or the Sessions Judge who must be held to be under an
obligation to inform the accused that if he is unable to engage the services of a lawyer on
account of poverty or indigence, he is entitled to obtain free legal services at the cost of
the State.

• For the first time it was in the year 1958, the Law Commission of India in its Fourteenth
Report observed, - “Unless some provision is made for assisting the poor man for the
payment of court-fees and lawyer’s fees and other incidental costs of litigation, he/she is
denied equality in the opportunity to seek justice.”

• Again in 1969 the 41st Law Commission Report, the Law Commission strongly
recommended that representation by a lawyer should be made available at Government
expenses to accused persons in all cases tried by a Court of Sessions. The Law Commission
in its Forty Eighth Report also suggested for making provision for free legal assistance by
the State for all accused who were undefended by a lawyer for want of means.

• Constitutional Mandate- The Founding Fathers of the Constitution of India have taken a
positive approach of doctrine of philosophy of Equal Justice which was promised in the
preamble of the Constitution. The preamble promise is further strengthened by the
 constitutional provisions in Articles 14, 19, 21, 22(1), 32, 39-A, 51-A and 226 of the
Constitution of India.

• Article 22(1) of the Constitution, expressly provides that, “No person, who is arrested,
shall be detained in custody, without being informed, as soon as may be, of the grounds
for such arrest, nor shall he be denied of the right to consult and to be defended by a legal
practitioner of his choice.”

• Long before the Constitution, even in the Old Criminal Procedure Code, under Section
340(1), it had been provided that: “Any person, accused of an offence before the Criminal
Court or against whom proceedings are instituted, under this Code, or any such Code, may
of right, be defended by a pleader” and Section 303 of the new Code corresponds to the
said section, with the addition of the words ‘of his choice’ at the end.

• Free legal services an essential element of fair procedure- It was explained in [Maneka
Gandhi v. Union of India, AIR 1978 SC 597] that the procedure established by law under
Article 21 of the Constitution of India under which a person may be deprived of his life or
liberty should be ‘reasonable’, fair. One can add that a procedure which does not make
legal services available to an accused person cannot possibly be regarded as ‘reasonable,
fair and just.’

• The Preamble of our Constitution makes it abundantly clear that justice -social, economic
and political are the cherished object of our Constitution. The philosophy of equality
before law has been deeply engrained in the scheme of our Constitution. Article 14
unequivocally states that, "The State shall not deny to any person equality before law or
the equal protection of laws within the territory of India."

• The philosophy of equality can only be achieved when equal access to justice is ensured
to the poor litigants by extending legal aid or through the mechanism of Lok Adalats.
Article 38 of the Constitution advances the goal of social, economic and political justice,
which mandates the State to secure a social order in which justice social, economic and
political shall inform all the institutions of the national life and to minimize inequalities in
income and opportunities.

• To achieve the trilogy of justice as ordained in the Preamble of the Constitution, Article
39-A has been incorporated in the Constitution with an avowed intention that the State
shall endeavor to secure that the operation of the legal system promotes justice on the
basis of equal opportunities so that it is ensured that the opportunities for securing
justices are not denied to any citizen by reason of economic or other disabilities

• Insertion of Article 39A providing for equal justice and free legal aid -As a principle of
policy to be followed by the State: The Constitution (Forty-second Amendment) Act, 1976
has inserted Article 39-A as a Directive Principle of State Policy. This Article stipulates that
 – Article-39-A- Equal justice and free legal aid – "The State shall 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 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"

• also the constitutional obligation of the Court, as the guardian of the fundamental rights
of the people, to enforce the fundamental right of the accused to fair trial and his right to
free legal aid or to secure assistance of a counsel, where he cannot afford to engage one,
on account of indigence or poverty.

• It is therefore, imperative to reach the goal of ‘equal access to justice,’ which is a

constitutional commandment and statutory imperative. It is in this context, the provisions
for legal services have been made in the Constitution as well as in the Legal Services
Authorities Act, 1987, over and above the provisions made in Section 304 of the Criminal
Procedure Code, 1973.

CILAS

• In September, 1980, the Government of India, with the object of providing free legal aid,
appointed “Committee for Implementing Legal Aid Schemes” (CILAS) with P.N. Bhagwati
J (as he then was) as the Chairman to monitor and implement legal aid programs on a
uniform basis in all the States and union territories.

• The Legal Services Authorities act, 1987- This law was enacted with a view to constitute
Legal Services Authorities at National, State and District Levels which was brought into
force with effect from 09-11-1995, almost eight years after its enactment.

• Constitution of Legal Aid Boards and Committees- For effective implementation and to
achieve the desired objective of providing Free Legal Aid and Advice to the poor, State
Boards, District Legal Aid Committees and Taluk Committees were constituted.

• Need for Strategic Legal Aid Programme- Strategic legal aid programme consisting of
promotion of legal literacy, organization of legal aid camps, encouragement of public
interest litigation and holding of Lok adalats or niti melas are being conducted for bringing
about settlements of disputes whether pending in Courts or outside.

• In Center of Legal Research v. State of Kerala, AIR 1986 SC 2195, Justice Bhagwati observed
“what is necessary is to supplement the traditional legal service programme with strategic
legal service programme. It involves novel, radical, more dynamic and multi-dimensional
uses of law and the legal process and seeks to provide representation to groups of social
and economic protest.”
• Legal literacy- Legal literacy is a pre-condition to maintain the “rule of law”. As observed
by Justice Bhagwati, the strategic legal service consists of creating legal awareness or what
may be described as promoting legal literacy, for knowledge of their rights and
entitlement would give to the poor strength and confidence to fight and help them to
avoid needless difficulties which arise from ignorance. The model scheme for Legal Aid
evolved by the “Committee for Implementing Legal Aid Scheme (CILAS)” also included
programme for promotion of legal literacy and spread of legal awareness among the
weaker sections of the community by way of organizing legal Aid camps, especially in rural
areas, slums or labour colonies.

• Public Interest Litigation- Public Interest Litigation has been devised as a tool to secure
benefit to a class or group of persons, either victims of exploitation, or oppression or who
are denied the constitutional rights but cannot come to court personally for relief by
reason of ignorance, poverty, destitution, helplessness, disability or social or economic
disadvantage.

• PIL is a form of litigation where jurisdiction of the Court is invoked on behalf of such
persons or group of persons by a third person or a social action group or a social
organization regardless of its personal injury.” The Supreme Court observed, "the poor
too have civil and political rights and the Rule of Law meant for them also, though today
it exists only on paper and not in reality" [People’s Union for Democratic Rights v. Union
of India, AIR 1982 SC 1473].

• For the first time the portals of the court are being thrown open to the poor and the
downtrodden, the ignorant and the illiterate and their cases are coming before the Courts
through public interest litigation which has been made possible by the judgment delivered
by the Supreme Court in S.P. Gupta v. President of India, AIR 1982 SC 149 [Judges
Appointment and Transfer case].

• In M.C. Mehta v. Union of India [AIR 1987 SC 1086], a constitutional Bench of the Apex
Court while considering the scope of public interest litigation to grant compensation to
the victims of hazardous or dangerous activities, has held that the law should keep pace
with changing socio-economic norms; where a law of the past does not fit in the present
context, the Court should evolve new law in a public interest litigation

• In Bandhua Mukti Morcha v. Union of India [AIR 1984 SC 802, 815], the Supreme Court
held that when the poor come before the Court, particularly for enforcement of their
fundamental rights, it is necessary to depart from the adversarial procedure and to evolve
a new procedure which will make it possible for the poor and the weak to bring the
necessary material before the Court for the purpose of securing enforcement of their
fundamental rights.
 • The traditional rule in regard to ‘locus standi’ that judicial redress is available only to a
person who has suffered a legal injury by reason of violation of his legal rights- by some
agency or individual has now been considerably relaxed by the Supreme Court by the
introduction of Public Interest Litigation.

INSTITUTION OF LOK ADALATS

• The prevailing system of administration of justice based on the common law

jurisprudence was found to be not suitable to the socio-economic conditions of this rural
land and the formalism in law alienates the illiterate, destitute and deprived from the
judicial process. Moreover, our justice delivery system is terribly expensive, dilatory and
cumulatively disastrous. The result is that the legal system has lost its credibility for the
weaker sections of the society.

• Equal access to justice is the condition precedent for the claim and realization of the
constitutional guarantee of justice-social, economic and political. “Justice delayed is
justice denied” comes true in view of the alarming backlog of pending cases before courts
of different hierarchy resulting into dilatory justicing in India. This dismal situation
compels the legislature and the judiciary to have an in-depth introspection about the
deficiencies in our legal system and strongly advocates invoking the indigenous and
traditional ADRs.

• Lok Adalat, being cheap, expeditious and indigenous, has acquired a pride of place in the
hierarchy of various alternate dispute settlement mechanisms in the justice delivery
system of India. “Lok Adalat concept and philosophy is an innovative Indian contribution
to the world jurisprudence. It helps in emergence of jurisprudence of peace in the larger
interest of justice and wider sections of society.” In fact, amicable resolution of disputes
is a sine qua non for social peace and harmony.

• To realize the pledge of social justice in consonance with the spirit of Article 38 and 39-A
of the Constitution legal aid schemes were formulated by constituting Legal Aid Boards at
State level with the Committee for Implementation of Legal Aid Schemes at the apex
under the Chairmanship of Justice P. N. Bhagwati to monitor and implement legal aid
programmes on uniform basis in all the States and Union Territories of India. The efforts
of CILAS and the popularity of Lok Adalats culminated in the enactment of the Legal
Services Authorities Act, 1987, which conferred the statutory status of the Lok Adalats as
an effective ADR for the resolution of pending and pre-trial litigation.

• Parliament has enacted the Legal Services Authorities Act, 1987 with the legislative intent
to constitute various legal services authorities to provide free and competent legal
services to the weaker section of the society. The Act has conferred statutory status to
Lok Adalats
• The system of Lok Adalats is based on compromise or settlement between the parties
therefore, jurisdiction exercised by the Lok Adalats is limited to making an effort by
bringing about a settlement between the parties. The expression "to determine and arrive
at a compromise or settlement" in sub-section (5) of Section 19 connotes that the Adalat
can exercise the jurisdiction only when both the parties agree to arrive at a compromise
or settlement. The moment one of the parties to the dispute expresses his unwillingness
to arrive at a compromise or settlement, the Lok Adalat is denuded of its jurisdiction to
deal with the matter in any manner. Thus, the consensus between the parties is
indispensable for the functioning of the Adalats.

• To overcome this major drawback in the existing scheme of Lok Adalats organized under
Chapter VI of the Act that the new Chapter VI-A has been inserted in the Act by the Legal
Services Authorities (Amendment} Act, 2002 to provide for the establishment of
Permanent Lok Adalats for pre-litigation conciliation and settlement of disputes
concerning Public Utility Services and to decide them on merits if no settlement is
forthcoming. The PLA undertakes pretrial settlement on the application of any party to
the dispute and subsequently other party is not allowed to invoke the jurisdiction of any
court in the same dispute. On getting seized of the matter the PLA assists the parties to
arrive at a settlement, where the parties does not reach the settlement, the PLA can
decide the dispute on merits. However, while deciding the case on merits the PLAs shall
be guided by the principles of justice, objectivity, fair play, equity and other principles of
justice

• Lok Adalats resolve compoundable offences, motor vehicle claims, labour disputes,
matrimonial and family disputes, bank loans, insurance claims and such other matters.
The disposal statistics speaks volumes of the success and popularity of the institution The
mechanism of Lok Adalats has contributed significantly in reducing the backlog of cases
pending in subordinate judiciary and can equally relieve the higher judiciary from
incoming litigation in the form of appeal, revision etc. by settling the dispute finally once
for all.

• Section 22E (1) of the Act makes the award of the PLA final and binding, whether made as
a result of settlement or on merits. The provision by taking away the power or judicial
review of the courts, subverts the basic structure of the Constitution of India.

• Conciliatory justice is said to be able to produce qualitative better results than contentious
litigation which often results in final break of the relationship among the litigants. The
adopted procedure is more accessible, more rapid, informal, less expensive and the
adjudicators are more capable and eager to understand the parties' plight and the
environment in which it has arisen. The institution of Lok Adalat has been embraced by
the people as a mechanism of ADR, which has the potential to support the judicial process
in the resolution of the disputes amicably.
The National Legal Services Authority (NALSA) has been constituted under the Legal Services
Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society and to
organize Lok Adalats for amicable settlement of disputes. In every State, State Legal Services
Authority has been constituted to give effect to the policies and directions of the NALSA and to
give free legal services to the people and conduct Lok Adalat in the State. In every District, District
Legal Services Authority has been constituted to implement Legal Services Programmes in the
District.

History of Legal Movement in India

Legal Aid Movement in India – Its Development and Present Status

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

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 Supreme Court of India. This Committee came to be known as CILAS (Committee for
Implementing Legal Aid Schemes) and started monitoring legal aid activities throughout the
country. The introduction of Lok Adalats added a new chapter to the justice dispensation system
of this country and succeeded in providing a supplementary forum to the litigants for conciliatory
settlement of their disputes. In 1987 Legal Services Authorities Act was enacted to give a statutory
base to legal aid programmes throughout the country on a uniform pattern. This Act was finally
enforced on 9th of November, 1995 after certain amendments were introduced therein by the
Amendment Act of 1994.
National Legal Services Authority was constituted on 5th December, 1995. His Lordship Hon. Dr.
Justice A.S. Anand, Judge, Supreme Court of India took over as the Executive Chairman of National
Legal Services Authority on 17the July, 1997. By February, 1998 the office of National Legal
Services Authority became properly functional for the first time.

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:-

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 beggar 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; or in a juvenile home within the meaning of clause
(j) of section 2 oof 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."
(Rules have already been amended to enhance this income ceiling).

Legal Services Authorities after examining the eligibility criteria of an applicant and the existence
of a prima facie case in his favour provide him counsel at State expense, pay the required Court
Fee in the matter and bear all incidental expenses in connection with the case. The person to
whom legal aid is provided is not called upon to spend anything on the litigation once it is
supported by a Legal Services Authority.

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

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

(a) Establishing Permanent and Continuous Lok Adalats in all the Districts in the country for
disposal of pending matters as well as disputes are pre-litigative stage

(b) Establishing separate Permanent and 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 Counselling 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.1,25,000/- p.a. for legal aid before Supreme Court of
India and to Rs.1,00,000/- p.a. for legal aid up to High Courts; and
(m) Steps for framing rules for refund of court fees and execution of Awards passed by Lok Adalats.

9th of November is being celebrated every year by all Legal Services Authorities as "Legal Services
Day". NALSA issues Press Releases in almost all the leading newspapers in the country in English,
Hindi and regional languages to convey to the public salient provisions of the Legal Services
Authorities Act, the important schemes introduced by NALSA for providing legal aid and the utility
of Lok Adalats, so that people should know about the facilities being provided by Legal Services
Authorities throughout the country. State Legal Services Authorities all over the country organise
Lok Adalats, legal literacy camps and undertake legal awareness campaign to make people aware
of their legal rights.