INTRODUCTION
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.
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.
The Legal Services Authorities Act, 1987, is aimed to provide free and
competent Legal Services to the weaker sections of the 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 Adalat to secure that the
operation of the legal system promotes justice on a basis equal opportunity.
To promote an inclusive legal system in order to ensure fair and meaningful
justice to the marginalized and disadvantaged sector.
OBJECTIVES OF THE LEGAL SERVICES AUTHORITY
The Principal Objective of Legal Services Authority is to provide free and
competent Legal Services, to encourage the settlement of dispute by way of
Lok Adalat, Mediation and conciliation and to secure the legal rights of poor,
down trodden, weak and vulnerable sections of the society.
HISTORY OF THE IDEA OF LEGAL SERVICES
"Legal Aid scheme was first introduced by Justice P.N. Bhagwati under the
Legal Aid Committee formed in 1971. According to him, the legal aid means
providing an arrangement in the society so that the missionary of
administration of justice becomes easily accessible and is not out of reach of
those who have to resort to it for enforcement of its given to them by law" the
poor and illiterate should be able to approach the courts and their ignorance
and poverty should not be an impediment in the way of their obtaining justice
from the courts. Legal aid should be available to the poor and illiterate. Legal
aid as defined, deals with legal aid to poor, illiterate, who don't have access to
courts. One need not be a litigant to seek aid by means of legal aid. Legal aid is
available to anybody on the road.
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.
Introduction of Lok Adalat added a new chapter to the justice dispensation
system of this c o u n t r y a n d s u c c e e d e d i n p r o v i d i n g a
supplementary forum to the litigants for conciliatory 4 settlement of their
disputes. In 1987 Legal Services Authorities Act was enacted to give a
statutory base to legal aid programme 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 5 Patron-in-Chief of
National Legal Services Authority. His Lordship Hon. Mr. Justice S.P. Bharuch,
the senior-most Judge of the Supreme Court of India assumed the office of the
Executive Chairman, National Legal Services Authority.
