Legal Aid Clinics in Law Schools

The National Legal Services Authority (NALSA) has been constituted under the
Legal Services Authorities Act, 1987 to monitor and evaluate implementation of
legal aid programmes and to lay down policies and principles for making legal
services available under the Act.
In every State, a State Legal Services Authority and in every High Court, a
High Court Legal Services Committee has been constituted. District Legal
Services Authorities, Taluk Legal Services Committees have been constituted in
the Districts and most of the Taluks to give effect to the policies and directions
of the NALSA and to provide free legal services to the people and conduct Lok
Adalats in the State.
Supreme Court Legal Services Committee has been constituted to administer
and implement the legal services programme insofar as it relates to the Supreme
Court of India.
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.
FREE LEGAL SERVICES The Free Legal Services include:-
a) Payment of court fee, process fees and all other charges payable or incurred
in connection with any legal proceedings;
b) Providing service of lawyers in legal proceedings;
c) Obtaining and supply of certified copies of orders and other documents in
legal proceedings.
d) Preparation of appeal, paper book including printing and translation of
documents in legal proceedings.
LOK ADALATS

Lok Adalat is one of the Alternative Disputes Resolution Mechanisms. It is a

forum where the disputes/cases pending in the court of law or at pre-litigation
stage are settled/compromised amicably.

The Lok Adalat has been given statutory status under the Legal Services
Authorities Act, 1987. Under this Act, an award made by a Lok Adalat is
deemed to be a decree of a civil court and is final and binding on all parties and
no appeal lies against thereto before any court. –

(a) Lok Adalats are being organized by the Legal Services

Authorities/Committees for settlement of cases pending before courts u/s 19 of
the Legal Services Authorities Act, 1987 and also for matters at pre-Litigative
stage, under the guidance of NALSA.

(b) Chapter VI-A has been inserted in the Legal Services Authorities Act, 1987
in the year 2002, with a view to provide compulsory pre-Litigative mechanism
for conciliation and settlement of disputes relating to 'Public Utility Services'.

LEGAL AWARENESS PROGRAMMES

As a part of the preventive and strategic legal aid, NALSA through the State
Legal Services Authorities, conduct legal literacy programmes. In some States,
Legal Literacy Programmes are conducted every year in schools and colleges
and also for empowerment of women in a routine manner, besides the rural
legal literacy camps.

What are Legal Services?

Legal Services includes providing Free Legal Aid to those weaker sections of
the society who fall within the purview of Section 12 of the Legal Services
Authority Act, 1987. It also entails creating legal awareness by spreading legal
literacy through legal awareness camps, print media, digital media and
organizing Lok Adalats for the amicable settlement of disputes which are either
pending or which are yet to be filed, by way of compromise. NALSA also
undertakes necessary steps by way of social action litigation with regards to any
matter of special concern to the weaker sections of the society. Legal services
also encompasses facilitating the beneficiaries to get their entitlements under
various government schemes, policies and legislations

What is included in free legal services/aid provided by the Legal Services

Authorities? / What is the nature of free legal services?

Free legal aid is the provision of free legal services in civil and criminal matters
for those poor and marginalized people who cannot afford the services of a
lawyer for the conduct of a case or a legal proceeding in any Court, Tribunal or
Authority. These services are governed by Legal Services Authorities Act, 1987
and headed by the National Legal Services Authority (NALSA).

Provision of free legal aid may include:

 Representation by an Advocate in legal proceedings.

 Payment of process fees, expenses of witnesses and all other charges
payable or incurred in connection with any legal proceedings in
appropriate cases;
 Preparation of pleadings, memo of appeal, paper book including printing
and translation of documents in legal proceedings;
 Drafting of legal documents, special leave petition etc.
 Supply of certified copies of judgments, orders, notes of evidence and
other documents in legal proceedings.
 Free Legal Services also include provision of aid and advice to the
beneficiaries to access the benefits under the welfare statutes and schemes
framed by the Central Government or the State Government and to ensure
access to justice in any other manner.

According to Section 2(c) of the Legal Services Authorities Act, 1987, “legal
services” includes any service in the conduct of any case or other legal
proceeding before any court or other authority or tribunal and the giving of
advice on any legal matter.

Is Free Legal Aid Confined to the Cases before the Subordinate Courts?

No, free legal aid is not confined to cases before the subordinate Courts. Legal
Aid is provided to the needy from the lowest Court to the Supreme Court of
India. Legal Aid Counsel represents such needy persons before the lower
Courts, High Courts and also before the Supreme Court of India.

What kind of cases can I apply free legal aid for? 

According to Section 13 (1) of the Act, any individual who satisfies any criteria
under Section 12 is entitled to receive legal services, provided that the
concerned Legal Services Authority is satisfied that such person has a genuine
case to prosecute or defend the matter. There is hence no bar as to which kind of
cases one can apply and not apply for. All kinds of cases are included as long as
the individual satisfies the eligibility under Section 12 of the Act. 

Can I choose a lawyer of my choice under the free legal services/aid?

Yes, it is possible to avail the services of a lawyer of your choice under free
legal services. According to regulation 7(6) of the National Legal Services
Authority (Free and Competent Legal Services) Regulations 2010, the
application for legal services will be scrutinized by the Member-Secretary or the
Secretary and if the applicant has mentioned/expressed his/her choice of a
lawyer on the panel, such Member-Secretary or Secretary can consider and
allow the same. 

Can I get only free legal consultation even if I do not want to pursue a proper
case in the courts?

Yes, it is possible to get any kind of legal service under free legal aid/services.

 
Can I get free legal aid lawyer at any stage of case? Can I get free legal aid at
the time of appeal even though I had my personal lawyer before the appellate
stage?

Yes, you can apply to get free legal aid at any stage of the case as long as you
are eligible to attain free legal services as per Section 12 of the Legal Services
Authorities Act, 1987. Even if you had your personal lawyer before and require
a lawyer under free legal aid only at the stage of appeal (and are eligible under
Section 12), you can make an application to avail the same.

Section 12. Criteria for giving legal services

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(104 of
1956); or in a juvenile home within the meaning of clause(j) of Section 2 of
the Juvenile Justice Act, 1986 (53 of 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(14 of 1987) or
(h) In receipt of annual income less than rupees three lakhs or such as higher
amount as may be prescribed by State Government.
Structural Organisation under Legal Services Authority Act, 1987

Legal Services Authority Act, 1987 prescribed the formation of a National

Legal Services Authority (NALSA) the apex body regulating legal aid provision
of the Act. Powers of NALSA are delegated to the State Legal Services
Authority (SALSA) for implementation at the state level which delegates
further to several groups. The movement is a combination of the State, Social
Action Groups including individuals and NGOs having presence starting from
the grass root, state level to the Supreme Court. The structure as prescribed
under the Act is given below:

National Legal Service Authority (NALSA) that is Apex Body to Augment

Legal Aid Movement).

Legal Aid Society, SGT University

Social Justice isn't difficult to achieve, but maintaining the status quo of such
justice mechanism is very difficult, which We, feel the legal services clinics can
do the best, by impairing the basic legal literacy and various other programs that
they undertake regularly.

The Legal Aid Society aims to broadcast legal information among those who
cannot afford legal services, by way of legal literacy programs in and around
campus including rural and urban areas in consonance with the provisions of the
Legal Services Authorities Act 1987.
 This is a positive sign in providing social justice via LAC in Law
Schools.
 Anti-Ragging Campaign, group discussions and small Seminars for
creating legal awareness.
 Working for Juvenile Homes, conducting RTI awareness workshop in
collaboration with local NGO’s.
 Legal Literacy Camps, Community based research projects, Para-legal
Training,
How to strengthen the activities of the Legal Aid Clinics in Law
Schools?

• Clinical components must be introduced in papers such as ADR, Family

Law etc.

• Strict implementation of NALSA Rules, 2011 & Development of

Infrastructure.

• Developing strong network, create online forum for expert opinion on

legal problems.

• All the students must compulsorily serve LAC at least for two years.

• Need of strong support from the academic institution, government bodies

and above all BCI.