CONCEPT AND EVOLUTION

OF LEGAL AID

DR. AARTI A. TAYDE

LEGAL AID
• Legal Aid implies giving free legal services to the poor and needy who cannot
afford the services of a lawyer for the conduct of a case or a legal proceeding
in any court, tribunal or before an authority.
• 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 organized 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.
• Free legal aid to the poor and marginalized members of the society is now viewed as a tool to empower
them to use the power of the law to advance their rights and interests as citizens and as economic actors.
• Parliament enacted the Legal Services Authorities Act, 1987 in order to give effect to Article 39-A of the
Constitution to extend free legal aid, to ensure that the legal system promotes justice on the basis of equal
opportunity. Those entitled to free legal services are members of the Scheduled Castes and the Scheduled
Tribes, women, children, persons with disability, victims of ethnic violence, industrial workmen, persons
in custody etc.
• The right to free legal Aid is, therefore, clearly an essential ingredient of "reasonable, fair and just",
procedure for a person accused of an offence and it must be held implicit in the guarantee of Article 21.
This is a constitutional right of every accused parson who is unable engage a lawyer and secure legal
services on account of reasons such as POVERTY, indigence or incommunicado situation and the State is
under a mandate to provide a lawyer to an accused person if the circumstances of the case and the needs of
justice so require, provided of course the accused person does not object to the provision of such lawyer.
• India is a country with mass population and of illiterate.
• Majority of people are not aware of the legal systems prevailing in the country
and also of their constitutional rights. Even though people are aware of it,
they are not in a situation to afford because of their economic and social
backwardness. They are in a helpless situation to engage the services of legal
counsel, which has become the costly affairs.
• With a view to provide free legal aid to the deserving sections of the society,
Parliament of India has incorporated a specific Directive Principle viz. Article
39-A by 42nd Amendment of Constitution in 1976. Legal aid is a constitutional
right supported by Articles 21 and 39-A of the Constitution of India. “Access to
Justice” is a basic human right conferred by the common law and exists unless
it is taken away under any valid exercise of statutory or constitutional power
by the legislature.
INTRODUCTION
• 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.
• Sec. 304, Criminal Procedure Code: The Constitutional duty to provide legal aid arises
from the time the accused is produced before the Magistrate for the first time and
continues whenever he is produced for remand.
ARTICLE 22
• Article 22 of the Indian Constitution pertains to the protection of a person’s right
to personal liberty and safeguards against detention or arrest without proper legal
procedure. This article is considered to be one of the fundamental rights
guaranteed to citizens of India.
• Article 22 applies to both citizens and non-citizens and protects individuals in
cases of arrest and detention in certain cases by providing certain important
rights. The core object behind this clause is to ensure the personal liberty of
individuals is maintained by preventing arbitrary arrests and detention. These
safeguards are, however, not applicable to
• Enemy aliens
• People arrested under preventive detention law.
• Article 22(1) states that any person who is arrested and detained shall be informed of the
grounds for such arrest and
• shall have the right to consult and be represented by a legal practitioner of their choice. This
provision ensures that an arrested person is not kept in the dark about the reason for their arrest
and has the right to legal assistance.
• The first right states that the person who has been arrested or detained needs to be informed of
the grounds of such arrest or detention thereby ensuring that the arrest/ detention is not arbitrary.
In the case of Joginder Kumar v. State of U.P. it was held that a detained person should know
the cause of his detention and is entitled to let any third person know the location of his
detention.
• The second right enables the arrested person/detenu to get a chance to be represented by a legal
• Such a person shall be produced before the nearest magistrate within a period of 24 hours of
arrest
• M.H. Hoskot v. the State of Maharashtra(not deliver a copy of the ruling to
the petitioner )
• Maneka Gandhi v. Union of India
• Hussainara Khatoon v. Home Secretary, State of Bihar(Under trials right)
• Khatri and Ors v. State of Bihar and Ors (legal aid to poor)
• Right to be informed
• Right to be produced before magistrate within 24 hours
• Right to protection from torture
• Right to bail
• Right to representation
• Right to documents to prepare his defense
• Right to copy of judgement to file Appeal
• 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.
 CONTRIBUTION OF JUSTICE KRISHNA IYER
• The contribution of justice Krishna Iyer towards the development and
incorporation of the concept of legal aid in the Indian legal system has
been tremendous.
• His report titled ‘Processionals justice to poor’ has gone a step further in
enabling the recognition of the poor for the purpose of giving legal aid.
 THE REPORT ALSO MADE AN EFFORT TO CLASSIFY THOSE CATEGORIES OF PERSONS WHO ARE
MOST IN NEED OF LEGAL AID, THEY ARE AS FOLLOWS

• # The poor in general;

# Those persons belonging to the Scheduled Castes or Scheduled Tribes, i.e. that category of
persons who have been both economically as well as socially exploited by the cultural elitists since
time immemorial.
# Those persons who either by reason of being inhabitants of backward areas or who are so
geographically placed that their voice cannot reach the Courts of justice, e.g. People who are
inhabitants of Scheduled Areas, Mountainous terrain’s, landlocked regions etc.
# The workman and the peasantry class who toil and labour to earn rewards for their hard work
of which they are often deprived.
# Those soldiers and armed forces personnel who in order to protect the boarders are stationed
at the edge of the land for long periods of time.
# Women and children who are deprived social justice on grounds of biological infirmity.
# Untouchables or those who are referred to as Harijans and who even after abolition of
Untouchability under Article 17 of the Indian Constitution are shunned by the Administrative class
on the ground of their unacceptance in the community.
REASONS WHY THE NATIONAL LEGAL SERVICES
AUTHORITIES HAS NOT BEEN ABLE TO DELIVER REAL
LEGAL AID
•The legal aid system in India has proven ineffective on these grounds
•there is a general lack of awareness of the availability of legal aid;

•there is a perception that free service is incompatible with quality service;

•there are not enough lawyers delivered by the legal services authorities, and

•lawyers generally are uninterested in providing competent legal assistance because of

financial constraints.
•too often lawyers assigned to provide legal aid and paid with public funds do not
faithfully represent their clients, casting serious doubt on the credibility of the scheme of
legal aid provided to weaker sections of society
LOK ADALATS
• Section 19
• 1. Central, State, District and Taluk Legal Services Authority has been
created who are responsible for organizing Lok Adalats at such intervals and
place.
• 2. Conciliators for Lok Adalat comprise the following: -
A. A sitting or retired judicial officer.
B. B. other persons of repute as may be prescribed by the State Government in
consultation with the Chief Justice of High Court.
 SECTION 20
• Section 20: Reference of Cases Cases can be referred for consideration of Lok
Adalat as under:-
• 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.
SECTION 21
• Section 21 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.
SECTION 22
• Section 22 Every proceedings of the Lok Adalat shall be deemed to be judicial
proceedings for the purpose of :-
• 1. Summoning of Witnesses
• 2. Discovery of documents
• 3. Reception of evidences
• 4. Requisitioning of Public record
• Hon'ble Delhi High Court has given a landmark decision highlighting the
significance of Lok Adalat movement which has far reaching ramifications.
Abdul Hasan and National Legal Services Authority Vs. Delhi Vidyut Board and
others
• Facts of the Case - 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.
Court Held-
• His lordship Hon'ble Mr. Justice Anil Dev Singh passed the order giving directions for
setting up of permanent Lok Adalats. 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.
• The Legal Services Authorities Act, 1987 was enacted to constitute legal services authorities for providing free and
competent legal services to the weaker sections of the society to ensure that opportunities for securing justice were not
denied to any citizen by reason of economic or other disabilities and to organize Lok Adalats to ensure that the operation
of the legal system promoted justice on a basis of equal opportunity. The system of Lok Adalat, which is an innovative
mechanism for alternate dispute resolution, has proved effective for resolving disputes in a spirit of conciliation outside
the courts.

• However, the major drawback in the existing scheme of organization of the Lok Adalats under Chapter VI of the said
Act is that the system of Lok Adalats is mainly based on compromise or settlement between the parties. If the parties do
not arrive at any compromise or settlement, the case is either returned to the court of law or the parties are advised to
seek remedy in a court of law. This causes unnecessary delay in the dispensation of justice. If Lok Adalats are given
power to decide the cases on merits in case parties fails to arrive at any compromise or settlement, this problem can be
tackled to a great extent. Further, the cases which arise in relation to public utility services such as Mahanagar
Telephone Nigam Limited, Delhi Vidyut Board, etc., need to be settled urgently so that people get justice without delay
even at pre-litigation stage and thus most of the petty cases which ought not to go in the regular courts would be settled
at the pre-litigation stage itself which would result in reducing the workload of the regular courts to a great extent. It is,
therefore, proposed to amend the Legal Services Authorities Act, 1987 to set up Permanent Lok Adalats for providing
compulsory prelitigative mechanism for conciliation and settlement of cases relating to public utility services.
THE SALIENT FEATURES OF THE AMENDMENT ARE AS FOLLOWS:
• (i) to provide for the establishment of Permanent Lok Adalats which shall consist of a Chairman who is or has been a district
judge or additional district judge or has held judicial office higher in rank than that of the district judge and two other persons
having adequate experience in public utility services;
• (ii) the Permanent Lok Adalat shall exercise jurisdiction in respect of one or more public utility services such as transport
services of passengers or goods by air, road and water, postal, telegraph or telephone services, supply of power, light or water
to the public by any establishment, public conservancy or sanitation, services in hospitals or dispensaries; and insurance
services;
• (iii) the pecuniary jurisdiction of the Permanent Lok Adalat shall be up to rupees ten lakhs. However, the Central Government
may increase the said pecuniary jurisdiction from time to time. It shall have not jurisdiction in respect of any matter relating to
an offence not compoundable under any law;
• (iv) it also provides that before the dispute is brought before any court, any party to the dispute may make an application to the
Permanent Lok Adalat for settlement of the dispute;
• (v) where it appears to the Permanent Lok Adalat that there exist elements of a settlement, which may be acceptable to the
parties, it shall formulate the terms of a possible settlement and submit them to the parties for their observations and in case
the parties reach an agreement, the Permanent Lok Adalat shall pass an award in terms thereof. In case parties to the dispute
fail to reach an agreement, the Permanent Lok Adalat shall decide the dispute on merits; and
• (vi) every award made by the Permanent Lok Adalat shall be final and binding on all the parties thereto and shall be by a
majority of the persons constituting the Permanent Lok Adalat.