Public Interest Lawyering

Sachidanand Kandloor V-IV-B Sem 8

What are the aims & objectives of the legal services Authorities’ act, 1987,
Explain the scope and the basic features of this act in details?
Introduction:
 Towards fulfilling the Preambular promise of securing the citizens, Justice- social,
economic and political, Article 39 A of the Constitution of India provides for free
legal aid to the poor and weaker sections of the society, to promote justice on the
basis of equal opportunity.
 Articles 14 and 22(1) of the Constitution also make it obligatory for the state to ensure
equality before the law.
 In 1987, the Legal services Authorities act was enacted by the Parliament which came
into force on 9th November, 1995 to establish a nationwide uniform network for
providing free and competent legal services to the weaker sections of the society.
Aims and objectives.
 The Legal services authorities act (hereinafter the act) stipulates to establish a
National Legal services authority at the centre and State Legal Services Authorities in
all the states. The act confers statutory recognition to the Lok Adalats. It also
stipulated that the state legal service authorities will continue to provide preventive
legal aid services, such as Lok Adalat, Legal literacy and holding of paralegal
training.
 Further the object of providing free legal aid, the Government had by a resolution
dated 26/09/1980 appointed a committee for implementing legal aid schemes
(CILAS)
 The committee felt that the legal aid programme should be given the statutory
recognition therefore the Legal Service Authority act, 1987 was passed.
Scope and Vision
 The act was enforced with effect from 9th November, 1995 after certain amendments
were introduced. The act provides for scope of legal aid support for the economically
backward section and disabled persons. Legal aid scheme was introduced by Justice
P.N Bhagwati under the Legal aid committee formed in 1971.
 Legal aid has been defined and includes provision for legal assistance to the poor,
illiterate, physically challenged persons who do not have access to courts due to
ignorance of law and financial handicap. The Act provides that anyone who is eligible
can avail of legal aid as per S.12 of the act can seek assistance under the enactment.
  Vision of the act reads that ‘no one shall be denied of access to justice for the reasons
of economic or other disabilities. The act aims at providing legal awareness, free
legal aid and establishment of Lok Adalat.
The National Legal Services Authority
 Before passing of the act, the CILAS was the highest body to supervise the legal aid
movement in the country. Now under the S.3 of the act it is provided that the Central
Government who shall constitute the National Legal Service Authority.
 The central authority shall consist of-
o The Chief Justice of India (CJI) who shall be the patron in chief;
o A serving or retired judge of the Supreme court, nominated by the President of
India in consultation with the CJI who shall be the Executive chairman;
o Such number of persons, possessing such experience and qualifications as may
be prescribed by the Central Government and nominated by the Central
government in consultation with the CJI.
State Legal Services Authority.
 Section 6 of the act provides that, every state shall constitute a State legal services
authority, for that state to exercise powers and perform the functions conferred on a
state authority to give effect to the policy and directions of the Central Authority.
 The state authority consists of-
o The Chief Justice of the High Court or any other serving or retired Judge of
the High Court to be nominated by the Governor who shall be Patron in chief;
o A serving or retired judge of the High Court, nominated by the governor with
the consultation of the C.J who shall be the executive chairman.
o Such other members, possessing such experience and qualifications as may be
prescribed by the Central Government and nominated by the Governor in
consultation with the C.J.
District Legal Services Authority.
 Section 9 of the act provides that every state government shall constitute a legal
services authority for every District in the state to exercise the powers and perform the
functions conferred on the District Authority under the Act.
 It shall consist of:
o A district Judge who shall be its Chairman.
o Such other members possessing such qualifications and experience as may be
prescribed and nominated by the Government.
Conclusion
A single person or factor cannot contribute to the success of a movement. Each citizen has to
come forward. The concept for legislation for free legal aid to the needy was initiated by
Justice P.N. Bhagwati, continued by others and the act was implemented by Justice R.N
Mishra. The movement aiming the implementation of the act in letter and spirit is being
carried on by Justice D. Basu, Gitanath Ganguli, Justice M. Sengupta and others of their
team.
What is Lok Adalat? State the working and functioning of Lok Adalat
under the Legal Services Authorities Act, 1987.
Introduction:
 Lok Adalat is also known as “Peoples Court”. It is the system which has deep roots in
Indian legal history, it is one of the very efficient and important ADR mechanisms
and most suited to the Indian environment, culture and social interests. The evolution
of Lok Adalat was a part of the strategy to relieve heavy burden on the Courts with
pending cases and to give relief to the litigants.
 The first lok Adalat was held on March 14, 1982 at Junagarh in Gujrat. Maharashtra
commenced the Lok Nyayalaya in 1984. Gradually. The Lok Adalats were built in
every state of India. Presently, Lok Adalats have been given statutory status by the
Legal Services Authorities Act, 1987.
 In Hussainarakhatoon v. Home Secretary, State of Bihar the Supreme Court held
that “right to speedy trial” is a fundamental right guaranteed under Art.21 of the
Constitution. Justice delayed is Justice denied. Speedy trial was held to be the essence
of criminal justice.
Features of Lok Adalat:
 No Court fee is payable. If any court fee is already paid by a party, the same will be
refunded.
 It is based on settlement or compromise reached through regular and structured
negotiation
 It is one among the most effective ADR systems for weaker sections of the society.
 Code of Civil Procedure Code and Indian Evidence Act are not applicable.
 Lok Adalat has all the powers of a civil court.
 An award passed by the Lok Adalat is final and no appeal is maintainable from it.
Working of Lok Adalats:
 Every Authority or District Authority or the Supreme Court Legal Services
Committee or every High Court Legal Services Committee or, as the case may be,
Taluk Legal services Committee may organise Lok Adalat at such intervals and places
for exercising such jurisdiction and for such areas as it thinks fit.
 Every Lok Adalat organised for an area shall consist of such number of-
o Serving or retired judicial officers.
o Other persons of the area as may be specified by the State Authority or the
District Authority or the Supreme Court Legal Services Committee or the
High Court Legal Services committee or as the case may be, the Taluk Legal
services committee, organising such lok Adalat.
 A Lok Adalat shall have jurisdiction to determine and to arrive at compromise or
settlement between the parties to a dispute in respect of-
o Any case pending before or
o Any matter which is falling within the jurisdiction of and is not brought before
any court for which the Lok Adalat is organised.
 Cognizance of cases by Lok Adalat – Post litigative cases- any case pending before
any court for which the Lok Adalat is organised can be referred to Lok Adalat by-
o Agreement between the parties thereto; or
o One of the parties thereof makes an application to the court for referring the
case to the Lok Adalat for settlement and if such court is prima facie satisfied
that there are chances of such settlement; or
o By the court suomoto if the court is satisfied that the matter is an appropriate
one to be taken cognizance of by the Lok Adalat.
 Award of the Lok Adalat.
o Every award of the Lok Adalat shall be deemed to be a decree of a civil court
or as the case may be an order of any other court.
o Where a compromise or settlement has been arrived at by a Lok Adalat in a
reference from a pending case the court fee paid in such cases shall be
refunded in the manner provided under the Court fees act 1870.
o Every award made by the Lok Adalat shall be final and binding on all the
parties to the dispute, and no appeal shall lie to any court against the award.
o An award of the Lok Adalat is executable as a decree, for this purpose it is
necessary for Lok Adalat to have uniform procedure, prescribed registers and
standardised formats and permanent record of awards to avoid misuse or abuse
of the process. The National Legal Services Authority as the apex body should
issue uniform guidelines for the effective functioning of Lok Adalats.
 Procedure.
o Any party to a dispute may before the dispute is brought before any court,
make an application to the Lok Adalat for the settlement of the dispute-
Provided that the Lok Adalat shall not have jurisdiction in respect of any
matter relating to an offence not compoundable under any law. Provided
further that the Central Government may by notification increase the limit of
Rs. 10 lacs specified in the specified in the second proviso in consultation with
the Central Authority.
o Where an application is made to a Lok Adalat it-
 Shall direct each party to the application to file before it a written
statement stating therein the facts and nature of disputes under the
application, points or issues in such dispute and grounds relied in
support of, or in opposition to such points or issues as the case may be
and such party may supplement such statement with any document and
other evidence which such a party deems appropriate in proof of such
facts and grounds and shall send a copy of such document and other
evidence if any to each of the parties to the applicant.
 May require any party to the application to file additional statement
before it at any stage of the conciliation proceedings;
  Shall communicate any document or statement received by it from any
party to the application to the other party, to enable such other party to
present reply thereto.
In Lok Adalat justice is dispensed summarily without too much emphasis on legal
technicalities. It is a very effective alternative to litigation. Lok Adalat is a boon to the
litigant, where they can get their dispute settled faster and at free of cost.

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