Legal Aid: An Over View

An act to constitute legal services authorities to provide free and competent legal
service to the weaker sections of the society to ensure that opportunities for
securing justice are not denied to any citizens by reason of economic or other
disabilities, and to organize Lok Adalats to secure that the operation of the legal
system promotes justice on a basis of equal opportunity.
India is a developing country. The development in the industrial sector is very
much appreciable, but still this progress in the field of industrialization, marketing,
finance, etc. cannot hide the indispensable drawbacks of our society like
population explosion and illiteracy. These drawbacks, coupled with environmental
and social hinges results in increase in poverty and lack of food for people.
It is true that the country is going through the phase of development but all the
fruits of this tree are being en- cashed by those who stay in the upper half of the
society. The poor resides in their own world of DARKNESS.
But those who are still neglected are the main foundation of the society that is to be
remembered. So misusing their ignorance and encashing the fruits for the benefit
of the upper half of our society is not at all good for the future of the country.
The society is divided into two parts, according to financial standard, namely
HAVES and the HAVE NOTS. In our country with 100 million people, only a little
part of the population comes within the purview of the HAVES, whereas, the
Lions share is the HAVE NOTS.
The HAVE NOTS as well as the HAVES both looks for earning their livelihood,
looking for the benefit of their family, giving a good future to the next generation,
some are successful to it, some are not.
In this ways both categories of people spend most of their lives overlooking a lot of
facts, intentionally or unintentionally, that a lot of wrongs are being done against
them. Other people, or the Government or whoever may be is infringing their
rights. But the wronged ones are not very eager to protest against the wrong doer.
Even some times they are not knowledgeable enough that a wrong is being done
against them.
If they do not know that a wrong is being done, it is a different scenario. But if they
know about the fact, they are still not standing against it. As because, it may cause
a lot of problem in their field of profession and might have to face a bigger loss. In
this way they are actually ABATING THE WRONG.
So, for both the categories of people it is necessary to make them understand what

sort of wrongs they actually are facing and the abatement is also causing a greater
harm to the society and it can hamper the well being of their own next generation.
Keeping this fact in the mind the Government has taken up policies to spread
awareness to the common mass through organizing different programmes held by
different authorities, governmental or non-governmental. As the people of this
country becomes aware about their legal rights, duties and liabilities they,
themselves will understand how much better their lives can become.
Spreading the awareness about the rights of the people and how they are or can be
infringed is the primary target of these authorities. So that the one who is wronged
can himself realize that he has been wronged.
Once he has realized, that he has been wronged the question of redress arises.
These authorities, governmental or non-governmental also provide the assistance,
which is required by these wronged ones. These authorities provide HELP, in the
legal field. This HELP is turned as LEGAL AID. These authorities and different
other organizations hold such LEGAL AID CLINICS through the nation with the
motto to help the VICTIMS.
Central Government has developed a plan and has also started to apply it by the
help of the Legal Services Authorities, for this purpose. This authority spreads
Legal Awareness amongst the citizens of our country, provides Legal Assistance
like appointing advocates and giving advices to the people and also to suggest the
Government different other plans relating this noble cause. These are the functions
carried out by these organizations and authorities.
What Is Legal Aid?
Under Section 2(1)(c) of the Legal Services Authorities Act, 1987 (hereinafter
referred to as the said Act), 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; To provide free
and competent legal services to the weaker section of the society was the basic
object of enacting the aforesaid Act. Justice - social, economic and political, is our
constitutional pledge enshrined in the preamble of our Constitution. The
incorporation of Article 39-A in the Directive Principles of State Policy in the year
1976, enjoined upon the State to ensure justice on the basis of equal opportunity by
providing free legal aid.
The assumption of our legal system is that all citizens have equal access to means
of legal redress. Access to inexpensive and expeditious justice is a basic human
right. But, in practice, legal services of all kinds have gone to the highest bidders.

Wealthy persons and large corporations receive the highest quality advice. There
should be a system of administration of justice of which the poorest are able to take
advantage. Equal access to the law for the rich and the poor alike is essential for
the maintenance of the rule of law. It is, therefore, essential to provide adequate
legal advice and representation to all those, threatened as to their life, liberty,
property or reputation, who are not able to pay for it.
Legal aid is required in many forms and at various stages, for obtaining guidance,
for resolving disputes in Courts, tribunals or other authorities. It has manifold
facets. The explosion in population, the vast changes brought about by scientific,
technological and other developments, and the all round enlarged field of human
activity reflected in modern society, and the consequent increase in litigation in
Courts and other forums demand that the service of competent persons with
expertise in law is required in many stages and at different forums or levels and
should be made available.
Free legal aid undoubtedly is beneficial to poor people and has been instituted with
the noble purpose. Yet it has become a good ground for breeding corruption. Free
legal aid for a fee is common practice. Once a lawyer is engaged through legal aid,
obviously the party or his men would come to the lawyer for consultation and it is
then that they are asked to fish out some money, which they naturally cannot
refuse. One factor that largely contributes to this is that the meager remuneration
(less than Rs. 200/-) paid to the lawyers by Legal Aid Committee is a paltry and
sometimes even does not meet the incidental expenses, what to speak of
compensating the labour put in by the lawyer. Beyond that, the greed to pocket
some easy money out of the helplessness of the victims is always there. But what
speaks worst about the system is the fact that entrustment of cases under the
scheme has become a case of distribution of largess amongst the favorites just as
our Governments are notorious for distribution of licenses. The distribution is
guided by many factors but largely other than by reason and the capacity to deliver
the goods. In the circumstances, expectedly, the quality of aid is compromised to
the determent of the beneficiary and, of course, Justice. The whole purpose is, thus,
defeated.
Concept Of Legal Aid
Legislative History - The right to assignment of counsel at Government expenses
was emphasized in the 14th Law Commission Report. Thereafter, in 1969, the Law
Commission again strongly recommended that the right of the accused to
representation at the cost of Government should be placed on statutory footing in
relation to trials for serious offences and as a first step in this direction, the
Commission proposed that such a right should be available in all trials before the
Court of Session.

In order to achieve the objective enshrined in Article 39-A of the Constitution,

Government had, with the object of providing free legal aid, by a Resolution
appointed a Committee for implementing Legal Aid Scheme to monitor and
implement Legal Aid Programmes on a uniform basis in all States and Union
Territories. The said Committee evolved a model scheme which was accordingly
implemented by the Government. But on review, certain deficiencies were found
and it was considered desirable to constitute statutory legal authorities at National,
State and district levels so as to provide effective monitoring of Legal Aid
Programmes.
For the disposal of large number of cases expeditiously and without much cost Lok
Adalats have been constituted and they have been functioning as a voluntary and
conciliatory agency without any statutory backing for its decisions. In order to
provide for the composition of statutory legal authorities and to provide statutory
backing to Lok Adalats and its awards the Legal Services Authorities Bill, 1987,
was introduced in the Lok Sabha on 24th August 1987.
Article 39-A of the Constitution provides that 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. With the object of
providing free legal aid, Government had, by Resolution, appointed the
Committee for Implementing Legal Aid Schemes (CILAS) under the
Chairmanship of Mr. Justice P.N. Bhagwati (as he then was) to monitor and
implement Legal Aid Programmes on a uniform basis in all the States and Union
territories CILAS evolved a model scheme for Legal Aid Programme applicable
throughout the country by which several Legal Aid and Advice Boards have been
set up in the States and Union territories, cilas in funded wholly by grants from the
central Government.
Object of the enactment of the said Act - In our democratic set-up, all laws are
made for all men - common or uncommon. By common man, in common parlance,
we understand a man on the street. A man who may not have any status, office,
post or rank in society. He is only a human being, an ordinary citizen with
expectations of a just and human order. He may be a Tom, Dick or Harry, Ram,
Rahim or Shyam. The Expression includes a cobbler, sweeper, baker, butcher, a
priest, or a soldier. A person of whatever name and nomenclature known in the
society. A legal system and its effectiveness has to be gauged or measured by the
extent of its usefulness to the common man. The failure of law for common man is
due to no change of hear or outlook of other fellow beings who are privileged and
have a better status in the society. There has been no emotional integration between

haves in the society and have nots. The society cannot be improved by laws. Social
reforms are done not by laws but by leaders in the society who are virtuous, wise
and of high moral character. Before making the laws or along with them, no
attempts have to be made on behalf of the State of their agencies to spread moral
education to encourage science with spirituality. The spirituality and science alone
can rule the world including the government based on democracy in the absence of
any effort in proper direction, the common man is deprived of the benefit of the
laws enacted for him which do not reach him due to inefficient bureaucracy and
mal-administration.
Persons Who Are Entitled To Get Free Legal Aid Under The Legal Services
Authorities Act, 1987
Criteria for giving legal service are prescribed under the Section 12 of the said
Act. 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 of Scheduled Tribe;
b. a victim of trafficking in human beings or beggar as referred to in Article 23 of
the Constitution;
c. a women or a child;
d. a person with disability as defined in Clause (i) of Section 2 of the person with
Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act,
1995
e. a person under circumstances to the underserved want such as beinga victim of
mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or
industrial disaster; or an industrial workman; or 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 in receipt of
annual income less than rupees nine thousand or such other higher amount as may
be prescribed by the State Government, 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 Government, if the case is before the
Supreme Court.
Also, there are factors for disentitlement from getting legal aid - As per rules, the
following persons are not entitled to the legal aid unless the Chairman of the
Committee approves it as a special case(1) Proceedings wholly or partly in respect of defamation or malicious prosecution
or any incidental proceedings thereto;
(2) A person charged with contempt of court proceeding or any incidental

proceedings thereto;
(3) A person charged with perjury;
(4) Proceedings relating to any election.
(5) Proceedings in respect of offences where the fine imposed is not more than Rs.
50/(6) Proceedings in respect of economic offences and offences against social laws,
such as, the protection of Civil Rights Act, 1955, and the Immoral Traffic
(Prevention) Act, 1956 unless in shc cases the aid is sought by the victim :
The legal aid is also denied where the person seeking the legal services (1) is concerned with the proceedings only in a representative or official capacity;
or
(2) if a formal party to the proceedings, not materially concerned in the outcome of
the proceedings and his interests are not likely to be prejudiced on account of the
absence of proper representation.
In the above two circumstances even Chairman cannot sanction legal aid as a
special case.
Constitutional Provisions Relating To Legal Aid
Legal aid a constitutional right - Articles 21 and 39-A of the Constitution are as
under:21. Protection of life and personal liberty No person shall be deprived of his life
or personal liberty except according to procedure established by law.
39A. 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.
Article 21 is a fundamental right conferred under Part III of the Constitution.
Whereas Article 39-A is one of the directive principles of the State Policy under
Part IV of the Constitution. It has been held by the Constitution Bench of Supreme
Court in Chandra Bhawan Boarding and Lodging, Bangalore V. State of Mysore,
AIR 1970 SC 2042 at 2050, para 13 that While rights conferred under Part III are
fundamental, the directives given under part IV are fundamental in the governance
of the country. There is no conflict on the whole between the provisions contained
in Part III and Part IV. They are complementary and supplementary to each other.
Working Of The Legal Services Authorities In India Frame Works,
Functions Under The Legal Services Authorities Act, 1987 At Different Levels
Functions of the Central Authority According to Section 4 of the said Act, the
Central Authority shall perform all or any of the following functions, namely :-

 lay down policies and principles for making legal services available under the
provisions, of this Act;
frame the most effective and economical schemes for the purpose of making legal
services available under the provisions of this Act;
utilize the funds at its disposal and make appropriate allocations of funds to the
State Authorities and District Authorities;
take necessary steps by way of social justice litigation with regard to consumer
protection, environmental protection or any other matter of special concern to the
weaker sections, of the society and for this purpose, give training to socials
workers in legal skills;
organize legal aid camps, especially in rural areas, slums or labour colonies with
the dual purpose of educating the weaker sections of the society as to their rights as
well as encouraging the settlement of disputes though Lok Adalats;
encourage the settlement of disputes by way of negotiation, arbitration and
conciliation;
undertake and promote research in the field of legal services with the special
reference to the need for such services among the poor;
to do all things necessary for the purpose of ensuring commitment to the
fundamental duties of citizens under Part IVA of the Constitution;
monitor and evaluate implementation of the legal aid programmes at periodic
intervals and provide for independent evaluation of programmes and schemes
implemented in whole or in part by funds provided under this Act;
provide grants-in-aid for specific schemes to various voluntary social service
institutions and the State and District Authorities, from out of the amounts placed
at its disposal for the implementation of legal services schemes under the
provisions of this Act)
develop, in consultation with the Bar Council of India, programmes for clinical
legal educations and promote guidance and supervise the establishment and
working of legal services clinics in universities, law colleges and other
institutions;
take appropriate measures for spreading legal literacy and legal awareness
amongst the people and, in particular, to educate weaker sections of the society
about the rights, benefits and privileges guaranteed by social welfare legislations
and other enactments as well as administrative programmes and measures;
make special efforts to enlist the support of the voluntary social welfare
institution, working at the grass-root level, particularly among the Scheduled
Castes and the Scheduled Tribes, women and rural and urban labour; and
co-ordinate and monitor the functioning of (State Authorities, District Authorities,
Supreme Court Legal Services Committee, High court Legal Services Committees,
Tuluk Legal Servives Committees and voluntary social service institutions) and

other legal services organizations and give general directions for the proper
implementations of the legal services programmes.
Under Section 5 of the said Act, the Central Authority is required to work in coordination with other agencies. In the discharge of its functions under this Act, the
Central Authority shall, wherever appropriate, act in coordination with other
governmental and non-governmental agencies, universities and other engaged in
the work of promoting the cause of legal services to the poor.
Under Section 7 of the said Act, the Functions of the State Authority are
prescribed which are as follows (1) It shall be the duty of the State Authority to give effect to the policy and
directions of the Central Authority.
(2) Without prejudice to the generality of the functions referred to in sub-section
(1), the State Authority shall perform all or any of the following functions, namely:
give legal services to persons who satisfy the criterial laid down under this Act;
conduct (Lok Adalats including Lok Adalats for High Court cases)undertake
preventive and strategic legal aid programmes; and perform such other
Under Section 8 of the said Act, the State Authority is required to act in coordination with other agencies etc., and be subject to directions given by the
Central Authority - In the discharge of its functions the State Authority shall
appropriately act in co-ordination with other governmental agencies, nongovernmental voluntary social service institutions, universities and other bodies
engaged in the work of promoting the cause of legal services to the poor and shall
also be guided by such directions as the Central Authority may give to it in writing)
Under Section 10 of the said Act, Functions of the District Authority are
1. It shall be the duty of every District Authority to perform such of the functions
of the State Authority in the District as may be delegated to it from time to time by
the State Authority.
2. Without prejudice to the generality of the functions referred to in sub-section (1),
the District Authority may perform all or any of the following functions, namely:
co-ordinate the activities of the Taluk Legal Services Committee and other Legal
Services in the District);
organize Lok Adalats within the District; and
perform such other functions as the State Authority may (***) fix by regulations.
Under Section 11 of the said Act, the District Authority is required to act in
coordination with other agencies and be subject to directions given by the Central
Authority, etc.- In the discharge of its functions under this Act, the District
Authority shall, wherever, appropriate, act in coordination with other governmental
and non-governmental institutions, universities and other engaged in the work of

promoting the cause of legal service to the poor and shall also be guides by such
directions as the Central Authority or the State authority may give to it in writing.
Judicial Decisions
A. The Supreme Court in Hussainara Kathoon V. Home Secretary, State of Bihar,
AIR 1979 SC 1369: 1980 [1] SC 98: 1979 [3] SCR 532: 1979 Cri LJ 1045 : 1980
SCC [Cr] 40, had called upon the Government to frame appropriate scheme for
providing legal aid to the poor. The following observations were made by the
Supreme Court:
We may also take this opportunity of impressing upon the Government of India as
also the State Governments, the urgent necessity of introducing a dynamic and
comprehensive legal service programme with a view to reaching justice to the
common man. Today, unfortunately, in our country the poor are priced out of the
judicial system with the result that they are losing faith in the capacity of our legal
system to being about changes in their life conditions and to deliver justice to
them. The poor in their contact with legal system have always been on the wring
side of the law. They have always come across law for the poor rather than law
of the poor. The law is regarded by them as something mysterious and forbiddingalways taking something away from them and not as a positive and constructive
social device for changing the socio-economic order and improving their life
conditions by conferring rights and benefits on them. The result is that the legal
system has lost its credibility for the weaker sections of the community. It is,
therefore, necessary that we should inject equal justice into legality and that can be
done only by dynamic and activist scheme of legal services.
We also recall what was said by Leeman Abbot years ago in relation to
affluent Americas
If every a time shall come when in this city only the rich can enjoy law as a
doubtful luxury, when the poor who need it most cannot have it, when only a
golden key will unlock the door to the court-room, the seeds of revolution will be
sown the fire-brand of revolution will be lighted and put in to the hands of men
and they will almost be justified in the revolution which will follow.
We would strongly recommend to the Government of India and the State
Governments that it is high time that a comprehensive legal service programme is
introduced in the country. That is not only a mandate of equal justice implicit in
Article 14 and right to life and liberty confirmed by Article 21, but also the
compulsion of the Constitutional directive embodied in Article 39-A.
B. As pointed out by the Court in Rhem Vs- Malclm [377 F. Supp. 1995] the State
cannot be permitted to deny the constitutional right of speedy trial to the accused

on the ground that the State has no adequate financial resources to incur the
necessary expenditure needed for improving the administrative and judicial
apparatus with a view to ensuring speedy trial. The State may have its financial
constraints and its priorities in expenditure, but, the law does not permit any
Government to deprive its citizens of constitutional rights on a plea of poverty.
C. In Abdul Hassan Vs. Delhi Vidyut Board [AIR 1999 Del 88: 1999 (77) DLT 640
: 1999 (2) AD (Del) 105 : : 1999 RLR 100 : 1999 (2) RCR (Civil) 291], the Delhi
High Court observed that it is emphasized in Article 39A that the legal system
should be able to deliver justice expeditiously on the basis of equal opportunity and
provide free legal aid to ensure that opportunities for securing justice are not
denied to any citizen by reasons of economic or other disabilities. It was in this
context that the parliament enacted Legal Services Authority Act, 1987. One of the
aims of the Act is to organize Lok Adalat to secure that the operation of legal
system promotes justice on the basis of an equal opportunity. The provisions of the
Act, based on indigenous concept are meant to supplement the court system. They
will go a long way in resolving the 0dispute at almost no cost to the litigants and
with minimum delay. The Act is a legislative attempt to decongest the courts of
heavy burden of cases.
D. The Honble Apex Court found and observed in the case of State of Haryana v.
Smt. Darshana Devi [AIR 1979 SC 855 : 1979 [2] SCC 236: 1979 [3] SCR 184 :
81 Punj LR 472 : 1979 Ker LT 269 : 1979 UJ 389 : 1989 RLR : 1979 Rev LR 312 :
1979 ACJ 205 : 1979 Cur LJ [Civ] 343], no State, it seems, has , as yet, framed
rules to give effect to the benignant provision of legal aid to the poor in Order
XXXIII Rule 9-A, Civil Procedure Code, although several years have passed since
the enactment. Parliament is stultified and the people are frustrated. Even after a
law has been enacted for the benefit of the poor, the State does not bring into force
by willful default in fulfilling the condition sine qua non. It is public duty of each
great branch of Government to obey the rule of law and uphold the tryst with the
Constitution by making rules to effectuate legislation meant to help the poor.
E. Also, as observed in Moni Mathai v. Federal Bank Ltd., [AIR 2003 Ker 164 at
170] by the Kerala High Court, the Lok Adalats are also bound to follow the
principles of natural justice, equity, fair play and other legal principles. Had the
Committee taken care to issue notice to the petitioners and obtain a written
statement containing their version and placed the same before the Lok Adalat all
these unfortunate disputes could have been avoided. The Lok Adalats shall also not
forget that their duty is not to dispose of cases some how but settle cases amicably.