The first step of free legal aid was to grant assistance to the vulnerable

communities, the second was to put restrictions upon the exercise of privileges
accorded by law to those who are well off, and the third was to strip the rich of
their amenities and put the rich and poor on the same footing. 
In M.H Hoskot v. State of Maharashtra,  the Supreme Court held that our legal
system that has been mounted by the Anglo-American models which heavily
uses legal technology, compel the collaboration of lawyer power or steering the
wheels of equal justice under law. The adversarial model has been characterized
by the technical nature of law, because of proper proceedings in court and the
prevalence of lawyers and subsequent fee, hence it became imperative for the
proper and fair adjudication of justice that Legal Aid be incorporated into the
Constitution. 

The 42nd Amendment Act inserted Article 39-A to the Constitution, hence

making equal justice and free legal aid a directive principle of state policy. 

LEGAL AID
The 14th Report of the Law Commission of India mooted the idea of providing
free legal aid to the poor by the State. 
n 1960, the Union Government initiated the national legal aid scheme which
faced financial shortages and died a natural death. In 1973, in the second phase,
the Union Government constituted a committee under the chairmanship of
Justice Krishna Iyer to develop a legal aid scheme for states. The Committee
devised a strategy in a decentralized mode with legal aid committees in every
district, state, and center. A committee on judicature was set up under the
chairmanship of Justice P N Bhagwati to implement the legal aid scheme. 
This Committee suggested legal aid camps and nyayalayas in rural areas and
recommended the inclusion of free legal aid provision in the Constitution. In
1980, the Committee on National Implementation of Legal Aid was constituted
with Justice Bhagwati as its head. Subsequently, the Parliament enacted
the Legal Services Authorities Act, 1987.
Legal provisions providing for legal aid
Section 340(1) of the Code of Criminal Procedure, 1898, provided that when a
man was charged with an offence punishable with death, the court could
provide him with counsel upon his request. 
This was subject to twisted interpretation by the court, as the court regarded this
as a privilege rather than a right in Tara Singh v. State of
Maharashtra. However in the Code of Criminal Procedure of 1973, this was
made a statutory rule and it was provided that in a trial before a session Judge if
the accused does not have sufficient means to employ pleaders, the court shall
do so at its own expense. 

What is free legal aid ?

Ans. Legal Aid implies giving free legal service to poor and needy people who
cannot afford the services of lawyers to conduct a case or a legal proceeding
before any court, tribunal or any other authority.

Introduction :-

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.

National Legal Services Authority

Central Government constitutes a Body to be called as National Legal Services

Authority. It shall consist of -

1. The Chief justice Of India who shall be the Patron –in- Chief.
2. A serving or retired Judge of Supreme Court of India to be nominated by
the President, in consultation with Chief Justice Of India who shall be
Executed Chairman.
3. Such members of other members possessing such experience and
qualifications as may be prescribed by the Central Government to be
Nominated by Government .
4. The Central Government shall appoint a person to be Member –Secretary
of the Central Authority.

 What are the functions of NALSA?

1. 1. To lay down policies and principles for making Legal Services

available under the provisions of the Act.
 2. To frame the most effective and economical schemes for the purpose of
making the legal services available under this act.
3. To utilise the funds at its disposal and make appropriate allocations of
funds to the State authorities and District authorities
4. To take necessary steps by way of social justice litigation with regard to
consumer protection ,environmental protection or any other matter of
special concern to the weaker sections of the society and for this purpose
give special training to legal workers
5. To organise legal aid camps specially on rural areas ,slums or labour
colonies with the dual purpose of educating weaker sections of society as
to their rights as well as encouraging of settling their disputes through
Lok Adalats
6. To encourage the settlement of Disputes by ways of negotiation,
conciliation and arbitration
7. To undertake and promote research in the field of legal services with
special references to need for such services among poor
8. To do all things necessary for the purpose of ensuring commitment to the
fundamental duties of the citizens.
9. To monitor and evaluate the implementation of the legal aid problems at
specific periodical intervals for independent evaluation of programmes
and schemes implemented.
10.To provide grants in aid for specific schemes to various voluntary social
services institutes working at grass root level specially amongst SC and
ST, women and rural and urban labour.
11.To develop programmes for clinical legal education and promote
guidance and supervise the establishment and working of legal services
clinics in universities, law colleges , etc.

Supreme Court Legal Services Committee

The Central Authority shall constitute a Committee to be called as Supreme

Court Legal Services Committee . It shall consist of :-

1. A sitting judge of Supreme Court who shall be the Chairman

2. Such member of other members possessing such experience and
qualifications as maybe prescribed by the Central Government
3. The Chief Justice Of India shall appoint a Secretary to the Committee
 4. The Committee may appoint such member of officers and other
employees as prescribed by the Central Government .

What is the constitution of State Legal Services Authority? And also state
about High Court Legal Services Authority?

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.

High Court State Legal Services include a Chairman who is a sitting High Court
judge, members to be nominated by Chief Justice of High Court , a Secretary

The functions of State Legal Services Authority are -:

1. To give legal services to person who deserve it.

2. To conduct Lok Adalats
3. To undertake preventive and strategic legal aid programmes.

What is the constitution and functions of District Authority ?

4. Ans. District Legal Services Authority is constituted in every District to

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

Functions :-

1. To co-ordinate the activities of Taluk Legal Services Committee and

other legal services in the district.
2. To conduct Lok Adalats in the district.

What is the constitution of Taluk Legal Service Committee and state its
functions ?

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

Functions-:

1. To coordinate the activities of legal services in the taluk.

2. To organise Lok Adalts with taluk

What is the criteria for giving legal services under this act ?

Ans. 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.

What is Lok Adalat ?

Ans. 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.

What is the composition of Lok Adalat ?

Ans. Central, State, District and Taluk Legal Services Authority has been
created who are responsible for organizing Lok Adalats at such intervals and
place.

Lok Adalat consists of :-

1. A serving or judicial officers

2. Or other persons as prescribed by Central Authority or State Authority or
District Authority

The nature of cases brought in Lok Adalat are :-

1. Any pending case

2. Any matter which is falling within the jurisdiction of , and is not brought
before any court in which Lok Adalat is being organised

What are the reference of cases by Lok Adalat?

1. By consent of both the parties to the disputes

2. One of the parties makes an application for reference.
3. Where the Court is satisfied that the matter is an appropriate one to be
taken cognizance of by the Lok Adalat.
4. Compromise settlement shall be guided by the principles of justice,
equity, fair play and other legal principles
5. Where no compromise has been arrived at through conciliation, the
matter shall be returned to the concerned court for disposal in accordance
with Law.

Explain the concept of award in Lok Adalat ?

Ans. After the agreement is arrived by the consent of the parties, award is
passed by the conciliators. The matter need not be referred to the concerned
Court for consent decree. The Act provisions envisages as under:

1. Every award of Lok Adalat shall be deemed as decree of Civil Court

2. Every award made by the Lok Adalat shall be final and binding on all the
parties to the dispute. 3. No appeal shall lie from the award of the Lok
Adalat.

 
What are the powers of Lok Adalat ?

Ans .

1. To summon and enforce the attendance of any witness and examining

him on oath
2. To discover and produce any document
3. The reception of evidence on affidavits
4. The requisitioning of any public record or document or copy of such
record or document from any court or office.
5. Lok adalat shall have requisite power to specify its own procedure for the
determination of any dispute coming before it .

What are the advantages and disadvantages of Lok Adalat ?

Ans. Advantages :-

1. Lok Adalat are meant for conciliated settlement of disputes outside court
which is what most of our people like if the matter allows for this kind of
settlement. There is a fear among a large number of people about taking
disputes to court, not just about delay in getting justice but also for
financial reasons. In fact, one of the reasons for the formation of Lok
Adalat or people’s court is to provide fair and uncomplicated justice to
the financially deprived section of our society. Though government
provides legal aids to poor, there is a fear of monetary loss during the
time period which is why most people prefer Lok Adalat.
2. . Family disputes like property acquisition and matrimonial issues are far
better and faster solved by these Lok Adalats in comparison to courts.
Though there are family courts for these matters, people would always
prefer settlement outside court and in a fair and just manner which is
delivered well by Lok Adalat. It saves time and expenses and also is
easier for parties to make their claims which is not the case when the
matter is in court and witnesses are afraid of getting involved into legal
matters.
3. The number of cases that require jurisdiction is increasing at an alarming
rate and let’s face it – we have far inadequate number of courts and
judges in our country than we require which leads to unnecessary delay
even in smaller cases. If more and more people could understand the
significance of Lok Adalat and resort to them for easy litigations, there
 would be lesser pending cases in the files gathering dust since years in
courts.
4. Lok Adalat can be a decent supplement to the work of courts and could
contribute to justice in a good way only if awareness is increased and
people are encouraged to opt for them. For illiterates and poor there are
even more advantages of taking matters to Lok Adalat. Proceedings are
conducted faster and in simple arrangements and even in local languages.
5. There is no absolute need of advocates by the victim and the convict, who
can either prefer to have their cases pleaded by the lawyer or simply talk
to the judge about the matter directly. This is not a possibility in courts
where a third person pleads the case and the people involved only get a
say when their turn comes.
6. Even if the case is filed in court, the expenses are refunded to the party
when the case is solved by Lok Adalat which is another reason why
people should be made more aware of this litigation system where there is
no fee involved.

Disadvantages:-

1. . Faster justice comes with a price of settlement made at the cost of lesser
compensation and the petitioner had no time to claim higher amount
which he justly should have got as seen in many cases after which apex
court ordered Lok Adalat to be careful about not impairing the right of
any party involved in the issue. Faster and easier justice must not come
with the price of injustice which is what falls as a disadvantage of Lok
Adalat.
2. Not all cases are suitable for Lok adalat jurisdiction. Lok Adalat is all
about settlement and compromise which is not what every case requires.
Most cases in India require punishment and correctional methods which
is not under the dealing of Lok adalat. These cases would usually fail here
and would then be recommended to courts.

What are Permanent Lok Adalats ?

Ans. The basic features of a permanent Lok Adalat are identical to a Lok
Adalat. There are, however, certain modifications made. The key difference is
that a typical Lok Adalat can only be summoned occasionally and not on a daily
basis, a permanent Lok Adalat is an established system which is operational
throughout just like any other court or tribunal.

The Legal services Authorities Act, 1987, which had established Lok Adalats,
did not, at first, establish permanent Lok Adalat.It was the Amendment Act of
2002 that enabled the establishment of the first permanent Lok Adalat.

What are the difference between Lok Adalat and Permanent Lok
Adalats ?

Ans Lok Adalat are usually conducted on special occasions to dispose of

cases .Now on every second Saturday Lok Adalat are conducted on different
type of cases. But only few judicial officers try to settle the score between
litigants. Mostly the cases which are already settled in routine forward to lok
Adalat for final pronouncement. Don t hesitate to write it is wastage of time and
money and to befool the system. Only regular presiding officers along with two
members one from Advocate and one from society preside the lol Adalat.

On other hand Permanent Lok Adalat are enacted under State legal services .
One retired session judge along with two members who are retired from
different departments. Only few civil type matters can be referred to Permanant
Lok Adalat. Like consumers forms process is simple and without court fees.
Courts are opened 10 to 5 on each n every working days . But shortage of staff
and ignorance of people Permanent Lok Adalat are not much popular.

State any case law related to significance of Lok Adalat ?

Ans. Abdul Hasan and National Legal Services Authority Vs. Delhi Vidyut
Board and others

The petitioner filed a writ petition before Delhi High Court for restoration of
electricity at his premises, which was disconnected by the Delhi Vidyut Board
(DVB) on account of non-payment of Bill. Inter alia, the grievances of the
citizens were not only confined to the DVB but also directed against the State
agencies like DDA, Municipal Corporation, MTNL, GIC and other bodies,
Court notices were directed to be issued to NALSA and Delhi State Legal
Service Authority. His lordship Hon'ble Mr. Justice Anil Dev Singh passed the
order giving directions for setting up of permanent Lok Adalat.
The scholarly observations of His Lordship Mr. Justice Anil Dev Singh deserve
special commendations and are worthy of note. It will be profitable to reproduce
the important text and abstract from this judgment, which should be an eye
opener for all of us. It should also steer the conscience of all, as there is an
increasing need to make Lok Adalat movement a permanent feature