Professional Documents
Culture Documents
Objectives:
TEXT
Introduction:
To-day one will come across the provisions of Article 39A of the constitution in Part
IV being a part under the heading of the Directive Principles of state policy. The provision
goes as – “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”. This provision for free legal aid was
not incorporated in the constitution, before the coming into force of the 42 nd Amendment of the
Indian Constitution, in the year 1976. It is only by that amendment that Article 39 A was
inserted in the constitution.
Even before the incorporation of the provision of free legal aid in the constitution, the
concept of equality, liberty and fraternity which find expressed in the preamble to the
constitution by and for the people of India, are the glaring examples of the fact that equal
justice is a human right in India and also for the entire human race.
The concept of free legal aid is naturally originated due to the collective thinking of the law
makers, law administrators, law authors, law-teachers, law researchers as well as law
practioners. The lawyers throughout the world have taken lead in shaping the human life by
pointing out the concepts of rule of law, equality before the law, making availment of justice
from the courts and ensuring equal protection of laws. Much have been talked about gender
equality secured domestic life and other provisions of social security’s which naturally come
up as a civilized norm that women deserve special protection and honour in the society.
Multifarious issues arose and among them one is the rising cost of litigation which debars the
poor section of the people to seek the assistance of the courts in case of their need to maintain
their rights, when jeopardised by another. The disability is solely due to economic disability
which stands as stumbling block in this way towards securing justice.
The Origin:
In the past, common men were not required to spend money for seeking justice. The
Hindu or the Muslim law did not contain any provision for payment of court fee or levy of
stamp for execution of agreements. There was no system of lawyers’ representation in the
disputes. Through the village and community Panchayats, somehow justice could reach the
doorstep of the poorest sufferers. But, in course of time, the English law pervades this country
and gradually justice in accordance with written laws, became popular i.e. human law and
human justice which made legal system expensive and naturally requirement of pleaders to
represent the litigating parties became indispensable.
An example may be cited from Manipur experience. The oldest case record showing
representation of counsel in proceedings before the court was Queen Empress vs.Tekendrajit
Bir Singh which was published in the Documents of Anglo-Manipur War, Vol. II Estd. 1991.
The trial of the accused was conducted by a special court comprising of three British Officers.
The trial was for waging war against the Queen Empress. In that trial, a request that was made
on behalf of the accused for allowing him to be represented by a legal expert to be
requisitioned from Calcutta was turned down by the court. After the case being proceeded
without the representation of a counsel for some fixed dates, the accused made an application
to appoint one Bengali Utensil trader to be his counsel. The only consideration for appointing
the said person as a counsel was that he had little knowledge of Manipuri language and was the
only person available at that time who could communicate the court and the witnesses by
translating their depositions in Manipuri language into English language, throughout the
proceedings. The accused was convicted and sentenced to capital punishment.
This illustrates the obvious need for legal aid to the accused as justice should not only
been done but manifestly shown to have been done. To-day there is provision for supplying
amicus curia at state expenses, to a prisoner who is charged of heinous offence and a statutory
status has been assumed and this is not only in India but a global phenomenon that has become
widespread in the countries like Canada, America and England and in many European
Countries.
Referring to the legal history of England, it could be noted that the system of legal aid
existed as early as 813AD. A statutory recognition of legal aid was first granted in the year
1495 during the reign of Henry VII where, suits could be filed in the forma pauperise. The
Britishers brought with them in India and left the system of seeking justice which is expensive,
cumbersome and time consuming. The system of justice in accordance with written laws
naturally created a paradise of the legal profession where only wealthy people can afford to
fight their cases by engaging expert lawyers, while the poor are left undefended due to their
inability to engage lawyers. Thus, the wealthy class resorts to courts of law and the legal
system closes its doors to the poor. Hence, necessity became the mother of invention i.e. legal
aid to the poor. In India, the 42nd Amendment in the year 1976 has inserted the provision in the
constitution for ensuring equal justice and free legal aid.
LokAdalat sessions are organised to bring about settlement between the litigating
parties. The basic idea behind the scheme of LokAdalat is to speed up clearance of pendency
of huge arrears in the law courts and to reduce the cost of litigation keeping in view that
speedy trial is a long cherished right of a litigant and an accused person. In this context, the
LokAdalat has been put to a permanent status by the present law on legal aid known as the
Legal Services Authorities Act, 1987 which is a law in force throughout the country. Under the
law, there is the National Legal Services Authority at the centre and a state legal services
authority at every state in India. There is also District Legal services authority functioning in
every district.
At present, the Legal service authorities work in full swing. Recently the National
Legal Services Authority has notified for organising a National LokAdalat. In that National
LokAdalat cases starting from the Supreme Court to the lowest court shall be listed in order to
bring maximum settlement of pending cases. The National LokAdalat is fixed to be held on
12th April 2014 and shall take up cases relating to labour law, criminal law, family law, service
matters, compensation claims and cases relating to negotiable instruments, commercial
transactions and Banks. The asset of settlement of disputes in the LokAdalat is that the cases
are solved quickly, the parties are relieved of the mental burden of court proceedings and over
and above all, the court fee which has been paid by the parties are returned to them after
settlement.
Conclusion:
The concept of legal aid is gaining momentum. People started knowing the
importance of legal aid gradually. Various legislations point to the importance, e.g. under the
protection of women from domestic violence act, 2005 in case of receipts of a complaint of
domestic violence a protection officer is under an obligation to ensure that the aggrieved
person is provided legal aid under the legal services authorities act, 1987. The Lok Adalats are
now vested with the power akin to a civil court as the award given by a Lok Adalat is deemed
to be a decree of civil court. There is regular legal awareness campaign organised in and
around every state by the state legal service authorities. Every district is having a legal aid
clinic functioning. Legal aid newsletters and journals are in publication regularly. Besides
these programmes, the Manipur Legal Service Authority appoints and deputes Legal Aid
Counsels in every court of Magistrates in order to render legal services of a defence lawyer to
give free service to the accused persons who are produced before the magistrates in connection
with criminal cases against them. These are some glaring examples which show that the
concept of legal aid is gaining popularity. Article 14 of the constitution of India envisages
equality before law and let this provision be made a reality in the matters relating to equal
justice and free legal aid.
TRANSCRIPT
Introduction:
To-day one will come across the provisions of Article 39A of the constitution in Part
IV being a part under the heading of the Directive Principles of state policy. The provision
goes as – “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”. This provision for free legal aid was
not incorporated in the constitution, before the coming into force of the 42 nd Amendment of the
Indian Constitution, in the year 1976. It is only by that amendment that Article 39 A was
inserted in the constitution.
Even before the incorporation of the provision of free legal aid in the constitution, the
concept of equality, liberty and fraternity which find expressed in the preamble to the
constitution by and for the people of India, are the glaring examples of the fact that equal
justice is a human right in India and also for the entire human race.
The concept of free legal aid is naturally originated due to the collective thinking of the law
makers, law administrators, law authors, law-teachers, law researchers as well as law
practioners. The lawyers throughout the world have taken lead in shaping the human life by
pointing out the concepts of rule of law, equality before the law, making availment of justice
from the courts and ensuring equal protection of laws.Much have been talked about gender
equality secured domestic life and other provisions of social security’s which naturally come
up as a civilized norm that women deserve special protection and honour in the society.
Multifarious issues arose and among them one is the rising cost of litigation which debars the
poor section of the people to seek the assistance of the courts in case of their need to maintain
their rights, when jeopardised by another. The disability is solely due to economic disability
which stands as stumbling block in this way towards securing justice.
The Origin:
In the past, common men were not required to spend money for seeking justice. The Hindu or
the Muslim law did not contain any provision for payment of court fee or levy of stamp for
execution of agreements. There was no system of lawyers’ representation in the disputes.
Through the village and community Panchayats, somehow justice could reach the doorstep of
the poorest sufferers. But, in course of time, the English law pervades this country and
gradually justice in accordance with written laws, became popular i.e. human law and human
justice which made legal system expensive and naturally requirement of pleaders to represent
the litigating parties became indispensable.
An example may be cited from Manipur experience. The oldest case record showing
representation of counsel in proceedings before the court was Queen Empress
vs.TekendrajitBir Singh which was published in the Documents of Anglo-Manipur War, Vol.
II Estd. 1991. The trial of the accused was conducted by a special court comprising of three
British Officers. The trial was for waging war against the Queen Empress. In that trial, a
request that was made on behalf of the accused for allowing him to be represented by a legal
expert to be requisitioned from Calcutta was turned down by the court. After the case being
proceeded without the representation of a counsel for some fixed dates, the accused made an
application to appoint one Bengali Utensil trader to be his counsel. The only consideration for
appointing the said person as a counsel was that he had little knowledge of Manipuri language
and was the only person available at that time who could communicate the court and the
witnesses by translating their depositions in Manipuri language into English language,
throughout the proceedings. The accused was convicted and sentenced to capital punishment.
This illustrates the obvious need for legal aid to the accused as justice should not only
been done but manifestly shown to have been done. To-day there is provision for supplying
amicus curia at state expenses, to a prisoner who is charged of heinous offence and a statutory
status has been assumed and this is not only in India but a global phenomenon that has become
widespread in the countries like Canada, America and England and in many European
Countries.
Referring to the legal history of England, it could be noted that the system of legal aid
existed as early as 813AD. A statutory recognition of legal aid was first granted in the year
1495 during the reign of Henry VII where, suits could be filed in the forma pauperise. The
Britishers brought with them in India and left the system of seeking justice which is expensive,
cumbersome and time consuming. The system of justice in accordance with written laws
naturally created a paradise of the legal profession where only wealthy people can afford to
fight their cases by engaging expert lawyers, while the poor are left undefended due to their
inability to engage lawyers. Thus, the wealthy class resorts to courts of law and the legal
system closes its doors to the poor. Hence, necessity became the mother of invention i.e. legal
aid to the poor. In India, the 42nd Amendment in the year 1976 has inserted the provision in the
constitution for ensuring equal justice and free legal aid.
Mr Justice V.R. Krishna Iyer also did pioneering work in the boosting up of legal aid
movement in India. In his essay entitled “The constitution, the court and the human rights, he
emphasized that the scheme of implementation of legal aid scheme envisages the setting up of
an organisation for providing legal clinics for advising the poor in legal matters, a machinery
to help them prosecute or defend their legal rights in courts and a method to get their claims
settled or compromised out of courts so that they may be saved from the fury of long drawn
out litigations.
A two-tier system of authorities was provided. At the apex was the Manipur Legal Aid and
Advice Board and at the Districts there were District Committees for legal aid and advice. The
Rules contemplated two kinds of legal services i.e. rendering legal advice and giving legal aid
to the poor litigants. The legal aid under the Rules may take one or more of the following
forms:
7. To pay court fees, process fees, witness allowances and other expenses;
8. To pay fees for obtaining copy of the judgment, decree or other connected documents;
9. To pay fees for appointed advocates;
10. To pay drafting charge, charge for obtaining copies of depositions in the court which are given
by the witnesses;
11. To pay drafting charge for agreement or memo of appeal; and
12. Fees for preparation of paper books.
A person who is eligible for such aid or advice is one who is a landless agricultural worker
or a village artisan or any other person whose income including that of his family does not
exceed Rs. 5,000/-. In case of scheduled castes and scheduled tribes Rs. 5,000/- shall be read as
Rs. 6,000/-.
The Board may in fit cases grant legal aid to a prisoner for his defence or to any other
person in case of great public importance or to a child who has not completed its 16 th year of
age or a woman whose annual income is not more than Rs. 10,000/-.Any person who is eligible
for legal aid and advice may make an application in duplicate, addressed to the secretary of the
Board or to the District Committee. Under the Rules of 1982, the legal service in Manipur may
be in one or more of the following ways:
The Board organised legal aid conferences in different parts of the state where the
members of the public are invited to be present and eminent persons in the field of law are
invited to address the people in the matters of legal aid and the ways to avail of the legal aid.
The objectives of the programme for publicity was that the people must be made known at
least that any grievance which they may have is one which is a legal dispute and the courts of
law can relieve them of the worries.
Another action that has been taken by the Manipur Legal Aid and Advice Board was the
bringing out of the Legal Aid Newsletter in Manipuri called the “AingeeTengbangiPaoChe”
Published in Manipur Language and circulated for propagation of legal literacy to those who
can read and understand the written legal message and provision. Organising of legal literacy
campaign by conducting regular awareness programme is another dimension of the legal aid
movement in this part of the country.
Lok Adalat is not a court in the real sense. This is organised by the Legal Aid and Advice
Board in co-operation from eminent legal personalities, public spirited citizens and retired
judges. The cases are all pending and the parties are pursued to appear before such adalat and
get the dispute settled by amicable means. Many disputes get settled in such adalat and one
asset of the system is that the parties became cordial after a prolonged loggerheads and no
appeal will follow from such resolution of the case. On another aspect, it relieves the weaker
sections from unnecessary litigation which will reduce the mounting arrears of cases in the law
courts.
The first Lok Adalat in Manipur was held on 10.9.88 and 11.9.88.The then the President of
the Committee for implementation of legal aid scheme Shri Justice Ranganath Mishra took part
in the holding of the Lok Adalat in Manipur. The categories of the cases which are tabled
before the Adalat were - Civil cases; Land Acquisition cases; Motor Accidents claims cases,
Family law matters; Criminal complaint cases; Revenue disputes; Excise and customs cases.
In those cases which came to a settlement or compromise in the Lok Adalat, the recorded
terms and conditions of settlement were placed before the concerned courts for final disposal
by the courts. The Legal Aid and Advice Board of Manipur State did follow-up actions by
holding two Lok Adalats at Thoubal District and another in Churachandpur District.
Lok Adalat sessions are organised to bring about settlement between the litigating parties.
The basic idea behind the scheme of Lok Adalat is to speed up clearance of pendency of huge
arrears in the law courts and to reduce the cost of litigation keeping in view that speedy trial is
a long cherished right of a litigant and an accused person. In this context, the Lok Adalat has
been put to a permanent status by the present law on legal aid known as the Legal Services
Authorities Act, 1987 which is a law in force throughout the country. Under the law, there is
the National Legal Services Authority at the centre and a state legal services authority at every
state in India. There is also District Legal services authority functioning in every district.
At present, the Legal service authorities work in full swing. Recently the National
Legal Services Authority has notified for organising a National Lok Adalat. In that National
LokAdalat cases starting from the Supreme Court to the lowest court shall be listed in order to
bring maximum settlement of pending cases. The National Lok Adalat is fixed to be held on
12th April 2014 and shall take up cases relating to labour law, criminal law, family law, service
matters, compensation claims and cases relating to negotiable instruments, commercial
transactions and Banks. The asset of settlement of disputes in the Lok Adalat is that the cases
are solved quickly, the parties are relieved of the mental burden of court proceedings and over
and above all, the court fee which has been paid by the parties are returned to them after
settlement.
Conclusion:
The concept of legal aid is gaining momentum. People started knowing the importance of
legal aid gradually. Various legislations point to the importance, e.g. under the protection of
women from domestic violence act, 2005 in case of receipts of a complaint of domestic
violence a protection officer is under an obligation to ensure that the aggrieved person is
provided legal aid under the legal services authorities act, 1987. The Lok Adalats are now
vested with the power akin to a civil court as the award given by a Lok Adalat is deemed to be
a decree of civil court.
There is regular legal awareness campaign organised in and around every state by the state
legal service authorities. Every district is having a legal aid clinic functioning. Legal aid
newsletters and journals are in publication regularly. Besides these programmes, the Manipur
Legal Service Authority appoints and deputes Legal Aid Counsels in every court of
Magistrates in order to render legal services of a defence lawyer to give free service to the
accused persons who are produced before the magistrates in connection with criminal cases
against them.
These are some glaring examples which show that the concept of legal aid is gaining
popularity. Article 14 of the constitution of India envisages equality before law and let this
provision be made a reality in the matters relating to equal justice and free legal aid.
---
FAQs:
Q.1. What is the constitutional provision relating to legal aid?
Ans: Article 39A of the constitution of India is the relevant provision of free legal aid.
Q.2. When was the provision of legal aid incorporated in the constitution of India?
Ans: The 42nd Amendment of the constitution in 1976 inserted the provision of legal aid.
Q.3. In what sense the provision of legal aid is considered a component of human rights?
Ans: The concept of equality, liberty and fraternity which find expressed in the Preamble to the
constitution are the glaring examples of the fact that equal justice is a human right in India.
Q.4. What is the root cause of the origin of legal aid system?
Ans: The rising of litigation which debars the poor section of the people to seek the assistance of the
court.
Q.5. Why legal aid is said to be a provision for providing equal justice?
Ans: The economic disability stands as a stumbling block for the poor to seek and secure justice.
Q.6. In what way an indigent prisoner who is brought before the court is given legal aid?
Ans: There is the provision for supplying defence lawyers at state expense by the order of the court
for the prisoner charged with heinous offences.
Q.7. When was statutory recognition of legal aid granted?
Ans: A statutory recognition of legal aid was first granted in the year 1495 during the reign of Henry
VII in England.
Q.8. How and in what way legal aid originated?
Ans: During the reign of Henry VII in England, script could fees as pan per cent.
Q.9. In what way LokAdalat may be considered as a component of Legal Aid?
Ans: It remedies the poor litigant to save from long drawn cases to end up in settlement. After
settlement the court fees used in the case is also refunded.
Glossary :
Reference:
1. Johri, S.N.; 1981 : Programme & Movement of Legal Aid to Poor, AIR Journal 27
2. Justice P.N. Bhagwati; 2012 : My Tryst with Justice, Universal Law Publishing Co. New Delhi
3. Justice V.R. Krisna Iyer; 2012 : Processional Justice to the people, Universal Law Publishing
Co. New Delhi.
4. Mukherjee, Devesh; 1982 : Legal Education for Services to the Poor, AIR of 65
5. Narendra, Ch.; 2002: The Evolution of the system of representation of lawyers in
Administration of justice in Manipur, Souvenior 1st Seminar and Legal Workshop, The H.C.
Bar Assn. Manipur 22-23 March.
6. Saxena, Monohar; 1986 : Legal Service Scheme & Lok Adalat, AIR Journal 103
Website :
http://www.lawyersclubindia.com/articles/Free-Legal-Aid-5166.asp
http://indialawyers.wordpress.com/category/legal-aid-2/
http://nlrd.org/womens-rights-initiative/legislations-laws-related-to-women/constitutional-and-
legal-provisions-for-women-in-india