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. Hon. Mr.
Justice R.N. Mishra the then Chief Justice of India played a key role in the enforcement
of the Act.
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. Soon
after assuming the office, His Lordship initiated steps for making the National Legal
Services Authority functional. The first Member Secretary of the authority joined in
December, 1997 and by January, 1998 the other officers and staff were also appointed. By
February, 1998 the office of National Legal Services Authority became properly functional
for the first time.
In October, 1998, His Lordship Hon. Dr. Justice A.S. Anand assumed the Office of the Chief
Justice of India and thus became the Patron-in-Chief of National Legal Services Authority.
His Lordship Hon. Mr. Justice S.P. Bharucha, the senior-most Judge of the Supreme Court of
India assumed the office of the Executive Chairman, National Legal Services Authority.
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 begar 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 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).
According to section 2(1) (a) of the Act, legal aid can be provided to a person for a
'case' which includes a suit or any proceeding before a court. Section 2(1) (aaa) defines
the 'court' as a civil, criminal or revenue court and includes any tribunal or any other
authority constituted under any law for the time being in force, to exercise judicial or
quasi-judicial functions. As per section 2(1)(c) 'legal service' includes the rendering of
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.
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.
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.
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.
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.
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 and
implemented by the Central Authority:-
(a) Establishing Permanent and Continuous Lok Adalats in all the Districts in the country
for disposal of pending matters as well as disputes at pre-litigative stage;
(b) Establishing separate Permanent & 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 Counseling 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.50,000/- p.a. for legal aid before Supreme Court
of India and to Rs.25,000/- p.a. for legal aid upto High Courts; and
(m) Steps for framing rules for refund of court fees and execution of Awards passed by Lok
Adalats.
The First Annual Meet of the State Legal Services Authorities was held on 12th of
September, 1998 at Vigyan Bhawan, New Delhi which was presided over by His Lordship Hon.
Dr. Justice A.S. Anand, the then Executive Chairman, NALSA. His Lordship Hon. Mr. Justice
S.B. Majmudar, Judge, Supreme Court of India and Chairman, Supreme Court Legal Services
Committee, the Members of the Central Authority and the Executive Chairmen and Member
Secretaries of the State Legal Services Authorities attended this Meet. In this Meet, the
progress of on-going schemes which had been initiated by NALSA was examined and decisions
of far reaching implications were taken with a view to strengthen and streamline legal aid
programmes in the country. The Second Annual Meet of the State Legal Services Authorities
was held at Jubilee Hall, Hyderabad on 9th of October, 1999. This Meet was inaugurated by
His Lordship Hon. Dr. Justice A.S. Anand, the Chief Justice of India and Patron-in-Chief,
NALSA. Hon. Mr. Justice S.P. Bharucha, Executive Chairman, NALSA delivered the keynote
address. Other dignitaries present at the inaugural function included Hon. Mr. Justice
S.B. Majmudar, Judge, Supreme Court of India and Chairman, Supreme Court Legal Services
Committee, Hon. Mr. Justice M.S. Liberhan, Chief Justice of Andhra Pradesh High Court and
Members of Central Authority.
In pursuance of the call given by His Lordship Hon. Dr. Justice A.S. Anand, the Chief
Justice of India in the First Annual Meet, 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.
Permanent and Continuous Lok Adalats are being established in all the Districts in the
country. NALSA has been providing and shall continue to provide funds to State Legal
Services Authorities for the implementation of the Legal Aid Schemes and Programmes but
the infrastructure has to be provided by the State Govts. Separate Permanent and
Continuous Lok Adalats in Govt. Departments are aimed at amicably settling pending cases
as well as the matters at pre-litigative stage between Govt. Departments and general
public so that the inflow of litigation to regular Courts is reduced. In so many Govt.
bodies these Lok Adalats have become functional. In Delhi Permanent Lok Adalats have been
established in Delhi Vidyut Board, Delhi Development Authority, Municipal Corpn. Of Delhi,
MTNL and General Insurance Corpn. These Lok Adalats are becoming popular day-by-day and it
is expected that very soon a large number of disputes between public and statutory
authorities would start getting settled at pre-litigative stage itself saving the parties
from unnecessary expense and litigational inconvenience. In other States also State Legal
Services Authorities have initiated steps to pursuade the State Govts. and statutory
bodies, etc. to set up separate Permanent Lok Adalats for amicable settlement of their
legal disputes.
"Legal Aid Counsel" Scheme which was conceived and introduced by His Lordship
Hon. Dr. Justice A.S. Anand when His Lordship was the Executive Chairman, NALSA has been
well received all over country. Legal Aid Counsel have been provided in most of the courts
of the Magistrates in the country to provide immediate legal assistance to those prisoners
who are not in a position to engage their own counsel.
Hon. Mr. Justice S.P. Bharucha, Executive Chairman, NALSA in the course of working session
of the Second Annual Meet of the State Legal Services Authorities held at Hyderabad, had
emphasised that Counselling and Conciliation Centers should be established in all the
Districts in the country to bring about negotiated settlement of disputes between the
parties. All the State Legal Services Authorities are taking steps to establish these
Centers which would prove immensely useful for settling legal disputes at pre-litigative
stage and would also help legal services functionaries to find out as to whether a person
approaching them for legal aid has or not a prima facie case in his favour which is a
pre-requisite for grant of legal aid. Hon. Executive Chairman has repeatedly emphasised
that legal aid must not be given as a matter of routine and frivolous cases should not be
supported by legal aid authorities.
Hon. Mr. Justice S.P. Bharucha, Executive Chairman, NALSA while writing in 'Nyaya Deep'
and in the course of his keynote address in the meeting of the Member Secretaries held in
NALSA office on 19.2.2000 emphasised the need for improving the quality of legal aid that
is being given by legal aid advocates. His Lordship observed that teeming millions of this
country who live below poverty line in tribal, backward and far flung areas look to Legal
Services Authorities for help and support in resolving their legal problems. When involved
in litigation they very often feel that they are fighting an unequal battle in which the
party that has better financial resources can secure more able legal assistance. His
Lordship is of the view that these poor and weaker sections must not remain under the
impression that they are getting comparatively inferior legal assistance. His Lordship has
called upon legal services authorities to revise the payment schedule for legal aid panel
advocates and also compress the panels so that panel advocates get more work and better
remuneration from legal services authorities and thus get encouraged to render effective
legal assistance to aided persons.
His Lordship Hon. Mr. Justice B.N.Kirpal, Judge, Supreme Court of India and Chairman,
Supreme Court Legal Services Committee has a very long association with legal aid
movement. Under the guidance and control of His Lordship, Supreme Court Legal Services
Committee is providing legal aid to eligible persons in a very effective and meaningful
way. Up to 31.12.99 Supreme Court Legal Services Committee has provided legal aid and
assistance to 10,125 applicants.
'Nyaya Deep', the official newsletter of NALSA is promoting a healthy working relationship
between legal services functionaries throughout the country and is proving immensely
useful for exchange of views and sharing of ideas. Statistical information in regard to
legal aid schemes and programmes is also included in this newsletter which is printed on
quarterly basis. The editorials written by Hon. Mr. Justice R.C. Lahoti reflect the soul
of 'Nyaya Deep' and measure the depth of the material included therein. These provide a
window to the reader who in one glance through it can appreciate the content and purpose
of the articles.
NALSA is laying great deal of emphasis on legal literacy and legal awareness campaign.
Almost all the State Legal Services Authorities are identifying suitable and trustworthy
NGOs through whom legal literacy campaign may be taken to tribal, backward and far-flung
areas in the country. The effort is to publicise legal aid schemes so that the target
group, for whom Legal Services Authorities Act has provided for free legal aid, may come
to know about the same and approach the concerned legal services functionaries.
NALSA has also called upon State Legal Services Authorities to set up legal aid cells in
jails so that the prisoners lodged therein are provided prompt and efficient legal aid to
which they are entitled by virtue of section 12 of Legal Services Authorities Act, 1987.
Hon. The Chief Justice of India His Lordship Hon. Dr. Justice A.S. Anand, while delivering
the inaugural address at the Second Annual meet of the State Legal Services Authorities at
Hyderabad, had pointed out that a very large number of undertrial prisoners lodged in
jails are involved in petty criminal offences. His Lordship expressed his deep anguish and
stated that these poor and under privileged prisoners are languishing in jails for fairly
long period in spite of the fact that they are willing to plead guilty and the ultimate
sentences which are likely to be passed against them will be far less than the period they
are incarcerated as undertrial prisoners. His Lordship suggested that the CJMs/CMMs of the
areas in which the District Jails are situated should hold their courts in jails once or
twice in a month for disposing of the cases of such undertrial prisoners. In many States,
the suggestion has already been implemented and the prisoners involved in petty and minor
offences are getting substantial relief. A copy of news item reported in the Hindu daily
is attached.
Sensitization of Judicial Officers in regard to legal aid schemes and programmes is also
high on our agenda. His Lordship Hon. Mr. Justice S.P. Bharucha, Executive Chairman, NALSA
while writing from the Desk of the Executive Chairman in Jan.,99 Issue of 'Nyaya Deep' had
observed that not all judicial officers in the country are duly sensitized to Legal
Services Schemes and programmes and as such are unable to guide poor litigants in this
regard. His Lordship observed that Legal Services Authorities must ensure that Judicial
officers are duly sensitized about the work NALSA is doing and its importance for the poor
and illiterate.
In the last Chief Justices' Conference held at New Delhi, a resolution was passed to say
that in the service records of the Judicial officers, their interest in legal aid
programmes should be reflected and all the High Courts should take steps for sensitizing
the Judicial officers in regard to legal aid programmes and schemes. Once all the judicial
officers in the country get properly sensitized in regard to the relevance and importance
of legal aid schemes they shall themselves start caring for the poor, backward and weaker
sections of the society who are not in a position to engage their own counsel and look
after their legal causes.
In pursuance of the resolutions passed in the First Annual Meet of the State Legal
Services Authorities, the income ceiling for eligibility for legal aid and assistance has
been already enhanced to Rs.50, 000/- p.a. for legal aid before the Supreme Court of
India. Many States have already framed rules enhancing this income ceiling to Rs.25, 000/-
p.a. for legal aid up to High Courts. Other States are also taking steps for the amendment
of rules in this regard. Rules are also being framed in all the States for the refund of
court fees in the suits compromised in Lok Adalats in terms of section 21 of the Legal
Services Authorities Act, 1987. Rules regarding execution of Awards passed by Lok Adalats
have been framed in some of the States.
As per information available with NALSA office, 72,038 Lok Adalats have been organised
throughout the country up to 30.6.2000 in which about 1.2 crore cases have been amicably
settled. Out of these over 5 Lac cases pertain to Motor Accident Compensation Claims in
which compensation amounting to over Rs.2,469 crores has been awarded. In the year 1999
itself 15,198 Lok Adaats were organised throughout the country in which over 9,67,000
cases were amicably settled.
His Lordship Hon. Mr. Justice S.P. Bharucha, Executive Chairman, NALSA has repeatedly
called upon State Legal Services Authorities to continue to hold Lok Adalats on old
pattern so that the pace of the disposal of cases through Lok Adalats is not inhibited.
Permanent and Continuous Lok Adalats are primarily aimed at settling disputes at
pre-litigative stage and more contentious pending matters in District courts in which the
parties can be motivated only by repeated sitting to arrive at settlement. Counselling and
Conciliation Centers at Districts and Permanent Lok Adalats in Districts can be under same
roof and can effectively function in unison. Most significant contribution by Legal
Services Authorities to the administration of justice would be to settle legal disputes
through Lok Adalats at pre-litigative stage so that the inflow of cases in our already
over-burdened courts is reduced to the extent possible.
Upto 30.6.2000 about 31.47 Lac persons have taken benefit of legal aid through Legal
Services Authorities out of whom about 5 Las belong to Scheduled Castes, over 2 Las to
Scheduled Tribes, about 2.75 Lac are women and about 9,000 are children. Most of the
offices of the State Legal Services Authorities are now equipped with FAX machines,
computers and E-mail facilities. These modern gadgets shall surely help legal services
functionaries to act swiftly to provide legal aid and assistance to the eligible persons
in a meaningful manner.
NALSA is very sure that under the kind patronage and guidance of Hon. The Chief Justice of
India and Hon. Executive Chairman, a vibrant nationwide network of Legal Services
Authorities shall be made available to the people to provide free and competent legal
services to the eligible persons. NALSA is keen to develop and promote a culture of
conciliation instead of litigation in the country so that the citizens of this country
prefer to resolve their disputes and differences across the table in a spirit of goodwill
and brotherhood. NALSA also wishes to ensure that even the weakest amongst the weak in the
country does not suffer injustice arising out of any abrasive action on the part of State
or private person.
R.C. CHOPRA
Member-Secretary
National Legal Services Authority
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