LEGAL STUDIES – XII

Unit 8 – LEGAL SERVICES

A. Legal Background
All people are born equal, but society creates inequalities. Laws help restore this balance by
ensuring fairness.
Legal Aid and Its Importance:
• Legal Aid provides free or low-cost legal assistance to those who cannot afford it. It
ensures that economic barriers do not prevent people from seeking justice.
• Purpose: It removes the gap between rich and poor, ensuring that everyone, regardless
of financial status, has legal representation.
• Legal Aid is based on the principle that justice should be accessible to all, especially
the socially and economically disadvantaged.
Role in Democracy:
• A fair legal system is crucial for maintaining public trust in the judiciary.
• An independent judiciary safeguards individual rights and ensures justice for all.
• Everyone should have access to courts for dispute resolution to prevent injustice and
lawlessness.
State's Responsibility:
• The government must ensure fair and impartial justice, especially for the poor and
marginalized, regardless of caste, religion, or location.
• Denying access to courts forces people to resolve conflicts through illegal means,
leading to violence.
Legal Aid as a Human Right:
• Access to justice is a basic human right that ensures fairness and respect for all.
• Legal aid is a globally recognized commitment to providing equal and fair justice.
Summary:
Legal Aid is essential for ensuring equality, justice, and social stability by providing legal
representation to those who cannot afford it.

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B. The Indian Legal System
Challenges in Access to Justice
• The British introduced the adversarial legal system, which made justice difficult for
the common people.
• Before British rule, dispute resolution was informal, simple, and conducted in familiar
languages.
• The adversarial system relies on legal formalities, making it hard for the poor to access
justice.
Legal Aid and the Indian Constitution
• Article 39-A ensures equal justice and free legal aid, requiring the State to provide legal
assistance to those who cannot afford it.
• Article 14 guarantees equality before the law.
• Article 15 prohibits discrimination based on religion, caste, gender, etc., reinforcing
the need for equal access to justice.
Free Legal Aid in Criminal Law
• Earlier, free legal aid was available only for cases involving the death penalty.
• The Criminal Procedure Code, 1973 expanded this right. Under Section 304 (1), if
an accused person cannot afford a lawyer in a trial before a Sessions Judge, the court
must provide him a lawyer at the expense of State.
Free Legal Aid in International Law
• Legal aid is considered a human right under international law.
• India has ratified the ICCPR (International Covenant on Civil and Political
Rights), making it mandatory to provide free legal assistance.
• Other treaties, like CEDAW (for women’s rights) and ICESCR (for social and
economic rights), support the right to free legal aid.
• The Universal Declaration of Human Rights (UDHR), though not legally binding,
supports the right to an effective legal remedy.
Summary:
Legal aid is crucial in ensuring justice, preventing discrimination, and upholding human rights.
The Indian Constitution, criminal law, and international law all emphasize the need for free
legal aid, especially for the poor.

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C. The Legal Services Authorities Act, 1987
Background & History
• The idea of free legal aid was first proposed in 1958 by the 14th Law Commission
Report, emphasizing the State’s duty to provide legal aid for the poor.
• The National Legal Aid Scheme (1960) failed due to lack of funds.
• In 1973, Justice Krishna Iyer led a committee to create a legal aid strategy, proposing
committees at district, state, and national levels.
• In 1980, the Committee for Implementing Legal Aid Schemes (CILAS) was formed
under Justice P.N. Bhagwati to monitor legal aid programs nationwide.
• In 1987, the Legal Services Authorities Act was enacted to provide free and
competent legal aid to weaker sections of society and establish Lok Adalats for
speedy dispute resolution.
Purpose of the Act
• Ensure justice for all, regardless of economic or social status.
• Create Legal Services Authorities to provide free legal aid.
• Establish Lok Adalats for quick and amicable dispute resolution.
• Address legal issues of marginalized sections like Scheduled Castes (SCs), Scheduled
Tribes (STs), women, and disabled persons.
Eligibility for Free Legal Services (Sections 12 & 13)
Certain groups are entitled to free legal aid under this Act:
1. Scheduled Castes (SCs) & Scheduled Tribes (STs)
2. Victims of human trafficking or forced labour
3. Women & children
4. Persons with disabilities
5. Industrial workers
6. Victims of mass disasters (floods, earthquakes, caste violence, etc.)
7. People in custody (prisons, juvenile homes, psychiatric hospitals, etc.)
8. People with low income (below ₹9,000 in lower courts and ₹12,000 in the Supreme
Court, or as per government limits)
9. Senior citizens (Eligibility depends on State Government rules. In Delhi, anyone above
60 year of age can apply based on income limits.)

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 Summary:
• The Legal Services Authorities Act, 1987, ensures free legal aid for weaker sections
of society.
• Lok Adalats were introduced for faster and cost-effective dispute resolution.
• Legal aid is a right for certain disadvantaged groups, ensuring no one is denied justice
due to poverty.

D. Legal Services- Meaning and Types

Meaning of Legal Services
Legal services refer to the assistance provided to individuals in legal matters, including
representation, advice, and aid in legal proceedings. These services ensure access to justice,
especially for those who cannot afford legal expenses.
Types of Legal Services
Legal services can be broadly divided into:
1. Pre-Litigation Legal Services – Assistance provided before a case reaches court, such
as legal advice, mediation, and guidance on government welfare schemes.
2. Post-Litigation Legal Services – Assistance during or after a case, including
representation in court, document preparation, and appeals.
Free Legal Services (for eligible individuals) include:
1. Payment of Legal Costs – Court fees, process fees, and other expenses related to legal
proceedings.
2. Providing Lawyers – Appointing lawyers for legal representation.
3. Certified Copies of Documents – Obtaining and providing legal documents required
for a case.
4. Preparation of Legal Documents – Drafting and printing appeal papers, translations,
and case-related documents.
Significance of Free Legal Services
• Legal aid ensures that justice is accessible to all, not just the wealthy.
• In criminal cases, the State bears legal expenses for both prosecution and defense.
• To reduce unnecessary litigation, pre-litigation services (such as mediation and legal
advice) are encouraged.
Thus, legal services play a crucial role in ensuring fairness, access to justice, and reducing the
burden on courts by promoting dispute resolution before litigation.

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E. Pre-Litigation Legal Services
Why Pre-Litigation Legal Services Matter?
• The rising number of court cases slows down justice delivery.
• Previously, legal aid focused only on post-litigation services (after cases reached
court).
• Now, pre-litigation legal services are recognized as a better way to prevent
unnecessary litigation.
What Do Pre-Litigation Legal Services Include?
1. Legal Education – Teaching people about their rights and legal remedies.
2. Legal Advice – Helping individuals understand their legal options before filing a case.
3. Legal Awareness – Conducting awareness programs to inform people about laws and
government schemes.
4. Pre-Litigation Settlement – Encouraging dispute resolution outside courts (e.g.,
Mediation, Lok Adalats).
Role of National Legal Services Authority (NALSA)
• Article 39A of the Indian Constitution ensures free legal aid for weaker sections of
society.
• Legal Services Authorities Act, 1987 created a nationwide system for providing legal
aid.
• NALSA, established under this Act, oversees legal aid programs across India.
Legal Aid Structure in India
1. NALSA – Sets policies for legal aid.
2. State Legal Services Authorities – Implement legal aid programs at the state level.
3. High Court Legal Services Committees – Function in High Courts.
4. District & Taluk Legal Services Authorities – Provide legal aid at district and taluk
levels.
5. Supreme Court Legal Services Committee – Handles legal aid cases in the Supreme
Court.
Functions of Legal Aid Authorities
1. Providing Free & Competent Legal Services – Appointing lawyers for eligible
individuals.
2. Organizing Lok Adalats – Encouraging out-of-court settlements.

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 3. Conducting Legal Awareness Camps – Spreading legal knowledge, especially in rural
areas.
NALSA Regulations, 2010
• Defines rules for legal aid services at all levels (Supreme Court, High Courts,
Districts, Taluks).
• Key Features:
1. Panel of Lawyers – Lawyers with at least 3 years of experience can be
empaneled to provide free legal aid.
2. Fee Payment – Panel lawyers receive fees as per state regulations.
3. Senior Advocates – Their services can be used for important cases involving
serious threats to life and liberty.
4. Monitoring & Accountability – Lawyers who fail to perform can be removed
from the panel.
Conclusion
Pre-litigation legal services reduce unnecessary cases, promote alternative dispute resolution,
and ensure better access to justice for all.

F. The Legal Services Authorities (Amendment) Act, 2002

Why Was This Amendment Introduced?
• The Indian Parliament realized that simply providing legal aid for court cases
(litigation-oriented legal services) was not enough.
• To reduce unnecessary court cases and promote dispute resolution before
litigation, the Legal Services Authorities Act, 1987, was amended in 2002.
• This amendment introduced Permanent Lok Adalats to resolve disputes related to
public utility services before they reach the courts.

Changes Introduced by the Amendment

1. Permanent Lok Adalats were established for resolving disputes in public utility
services.
2. Pre-litigation conciliation (settlement before a formal case is filed) was encouraged.

What Are Public Utility Services?

These are essential services used by the public. The amendment defines them as:
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 1. Transport Services (road, air, or water for passengers and goods).
2. Postal, Telegraph, and Telephone Services.
3. Electricity, Water, and Power Supply Services.
4. Public Sanitation & Cleaning Services.
5. Hospital & Dispensary Services.
6. Insurance Services.
7. Any other service that the Central or State Government declares as a public utility
service.

Permanent Lok Adalat – Important Provisions

A Permanent Lok Adalat (PLA) is a legal body that helps resolve disputes through
conciliation (mutual settlement) before going to court.
1. Conciliation Process:
o The PLA helps parties reach a fair and amicable solution in a neutral manner.
o Both parties must cooperate in good faith and provide necessary documents.
2. Settlement Agreement:
o If both parties agree to a solution, a formal settlement is signed.
o The PLA then passes an award (decision) based on this agreement.
3. Decision on Disputes:
o If no agreement is reached, the PLA has the power to decide the case.
4. Flexible Procedure:
o The PLA is not bound by strict legal rules like the Code of Civil Procedure,
1908, and the Indian Evidence Act, 1872.
o It follows principles of fairness, equity, and natural justice.
5. Final & Binding Decision:
o The PLA’s award is final and has the same effect as a Civil Court judgement.

Other Legal Aid Initiatives

Legal Services Mobile App
• Developed by NALSA, this app helps people access legal aid services easily on
Android & iOS devices.
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 DISHA Scheme (Designing Innovative Solutions for Holistic Access to Justice)
• Launched by the Department of Justice (DoJ) in 2021.
• Aims to provide a nationwide, integrated system for ensuring access to justice.
• All existing ‘Access to Justice’ programs are merged under DISHA and expanded
across India.

Conclusion
• The 2002 amendment strengthened pre-litigation dispute resolution and introduced
Permanent Lok Adalats to settle disputes related to essential public services.
• Additional initiatives like the Legal Services Mobile App and DISHA Scheme make
legal aid more accessible to the common people.
• These steps reduce the burden on courts and ensure quicker justice for all.

G. When can Legal Aid be denied or withdrawn?

Legal aid is not automatically granted to everyone. It can be denied at the time of application
or withdrawn later if certain conditions are met.

Legal Aid Can Be Denied If:

• The applicant does not qualify under Section 12 of the Legal Services Authorities
Act, 1987 (which sets eligibility criteria).
Legal Aid Can Be Withdrawn If:
1. The person was given legal aid based on low income, but later found to have sufficient
financial means.
2. The person lied or used fraud to obtain legal aid.
3. The person does not cooperate with the Legal Services Authority or the assigned
lawyer.
4. The person hires a private lawyer instead of using the one assigned by the Legal
Services Authority.
5. The person passes away, except in civil cases where their rights or liabilities continue
after death.
6. The case or application is found to be an abuse of the legal process (e.g., false or
frivolous litigation).

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 Conclusion
Legal aid is meant to help those who genuinely cannot afford legal representation. However,
it is not a right for everyone – it can be denied or withdrawn if misused or if the person's
financial situation improves.

H. Legal Aid In Context Of Social Justice And Human Rights

Millions of people cannot afford the legal costs required to enforce their basic human rights.
Just talking about human rights from a high level is not enough – real action is needed to
achieve social justice.

Why is Legal Aid Important for Human Rights?

• Human rights are meaningless if people cannot afford to enforce them.
• Access to justice is a fundamental human right – without it, other rights remain
useless.
• The judiciary has recognized legal aid as a necessity for the poor to protect their rights.
The Harsh Reality: Justice is Expensive
• In most legal systems, justice is not freely given – it is costly.
• People must pay for lawyers, court fees, and other expenses to seek justice.
• Poverty prevents many from seeking justice, making them victims of social
injustice.
Legal Aid: A Solution for Social Justice
• Legal aid ensures fair access to justice for all, especially for the poor and
marginalized.
• Without legal aid, human rights remain just words, with no real impact on people’s
lives.
• If the poor continue to be denied justice, it could lead to social unrest, threatening
world peace.

Conclusion
Legal aid is not just charity; it is a human right and an essential tool for social justice.
To truly uphold human rights, every person must have access to justice, regardless of their
financial situation.