LEGAL AID
• “Legal aid” is a legal support, to the poorer and
weaker numbers to enable them to enforce their
legal rights through the legal process.
• Bandhu Mukti Morcha vs. Union of India, 1984 AIR
802, 1984 SCR (2) 67, the former Chief Justice of India P.N.
Bhagwati has observed in this case that where one of the
parties to the litigation belongs to the poorer section
which does not possess adequate social and material
resources where he is bound to be at the lower level as
against a strong powerful opponent, it is the responsibility
of the State to ensure legal aid to such person.
• 3 legal aid committees have also been set up
for the betterment of the needy and the
weaker section of the societies.
They are as follows-
• The district legal aid committee
• The state legal aid committee
• The taluka legal aid committee.
MONETARY ELIGIBILITY
• The person’s annual income should be less than Rs 5 Lakh, if
the case is before the Supreme Court.
• Every state has its own ceiling limit. (NALSA website)
• Maharashtra – ceiling limit is Rs.3,00,000/- per annum
CONSTITUTION OF INDIA
• Article 39A in The Indian Constitution
Equal justice and free legal aid
• The 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 disabilities
CRIMINAL L AW – LEGAL AID
• Section 304 in The Code Of Criminal Procedure,
1973
• Legal aid to accused at State expense in certain
cases.
• (1) Where, in a trial before the Court of Session,
the accused is not represented by a pleader, and
where it appears to the Court that the accused
has not sufficient means to engage a pleader, the
Court shall assign a pleader for his defence at the
CIVIL PROCEDURE CODE – LEGAL AID
• Order XXXIII (33) of the Code of Civil Procedure –
provides for provisions for suits to be filed by Indigent
person or a Pauper.
• In UOI v. Khaders International Construction Ltd [(2001) 5
SCC 22].
It is well settled that the provisions of Order XXXIII, Rule
1, have been enacted to enable poor persons to seek
justice by filling suits or appeals without court fee and in
this context, the sufficient means would not be sufficient
property and includes such means on which the bare
THE LEGAL SERVICES AUTHORITIES ACT, 1987
• An Act to constitute legal services
authorities to provide free and competent
legal Service to the weaker sections of the
society.
SECTION 2 - DEFINITIONS
• 1(a) “Case” includes a suit or any proceeding before a court;
• (aa) “Central Authority” means the National Legal Services
Authority constituted under section 3;
• (b) “District Authority” means a District Legal Services
Authority constituted under section 9;
• (bb) “High Court-Legal Services Committee” means a High
Court Legal Services Committee constituted under section 8A;
• (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
• THE NATIONAL LEGAL SERVICES AUTHORITY
• Constitution of the National Legal Services Authority
• Central government shall constitute NALSA
• Chief justice – patron-in-chief
• A serving or retired Judge of the Supreme Court nominated
by President, in consultation with the Chief Justice of India,
who shall be the Executive Chairman.
• Other members, possessing such experience and
qualifications - nominated by that Government in
consultation with the Chief Justice of India.
• Member-secretary – appointed by CJI
3A. SUPREME COURT LEGAL SERVICES COMMITTEE
• A sitting Judge of the Supreme Court who shall
be the Chairman;
• Other members- nominated by CJI
SECTION 6 - STATE LEGAL SERVICES AUTHORITY
• State government shall constitute – Legal services
authority for the State
Consist of –
• The Chief Justice of the High Court who shall be the
Patron-in-Chief,
• A serving or retired Judge of the High Court – Executive
chairman
• Other members - possessing such experience and
qualifications
FUNCTIONS OF THE STATE AUTHORITY
• Give legal service to persons who satisfy the criteria,
• conduct - Lok Adalats including Lok Adalats for High
Court cases,
• undertake preventive and strategic legal aid
programmes,
• perform such other functions as the State Authority
may, in consultation with the Central Authority, fix
by regulations.
• State Authority to act in coordination with
other agencies etc., and be subject to
directions given by Central Authority.
• State Authority shall appropriately act in
coordination with other governmental
agencies, non-governmental voluntary social
service institutions, universities and other
bodies engaged in the work of promoting the
cause of legal services to the poor
END OF SLIDES
