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Legal Aid Ans

The National Legal Services Authority Act, 1987 aims to provide free legal services to weaker sections of society and ensure justice is accessible to all, leading to the establishment of NALSA and various legal service institutions. The Act outlines the roles and responsibilities of legal authorities at national, state, district, and taluk levels, promoting legal awareness and alternative dispute resolution through Lok Adalats. Despite its successes in increasing access to justice, the Act faces challenges such as lack of awareness, shortage of lawyers, and bureaucratic delays.
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0% found this document useful (0 votes)
59 views25 pages

Legal Aid Ans

The National Legal Services Authority Act, 1987 aims to provide free legal services to weaker sections of society and ensure justice is accessible to all, leading to the establishment of NALSA and various legal service institutions. The Act outlines the roles and responsibilities of legal authorities at national, state, district, and taluk levels, promoting legal awareness and alternative dispute resolution through Lok Adalats. Despite its successes in increasing access to justice, the Act faces challenges such as lack of awareness, shortage of lawyers, and bureaucratic delays.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

The National Legal Services Authority Act, 1987 (NALSA

Act, 1987) was enacted to provide free and competent


legal services to weaker sections of society and ensure that
justice is not denied to any citizen due to economic or other
disabilities. This Act led to the establishment of National
Legal Services Authority (NALSA) and other legal service
institutions at various levels.

1. Objectives of the National Legal Services Authority Act,


1987

The primary objectives of the Act are:

• To provide free legal aid to weaker sections of society.


• To ensure that justice is not denied due to financial or
other disabilities.
• To promote Lok Adalats (People’s Courts) for speedy
resolution of disputes.
• To spread legal awareness and promote alternative
dispute resolution (ADR) mechanisms.
2. Provisions of the NALSA Act, 1987

The Act lays down the framework for legal aid services in
India, including the establishment of legal services
authorities at national, state, district, and taluk levels.
(i) National Level – National Legal Services Authority (NALSA)

• Established under Section 3 of the Act.


• Headed by the Chief Justice of India (CJI) as the
Patron-in-Chief.
• The Executive Chairman is a senior Supreme Court
judge appointed by the President of India.
• NALSA’s role includes:
o Formulating policies and schemes for legal aid.
o Supervising State Legal Services Authorities
(SLSAs).
o Organizing Lok Adalats at the national level.
(ii) State Level – State Legal Services Authorities (SLSA)

• Established under Section 6.


• Headed by the Chief Justice of the High Court as the
Patron-in-Chief.
• The Executive Chairman is a High Court judge
appointed by the Governor.
• Roles of SLSA:
o Implementing NALSA’s policies at the state level.
o Coordinating with District Legal Services
Authorities.
o Organizing Lok Adalats and legal aid camps.
(iii) District Level – District Legal Services Authorities (DLSA)

• Established under Section 9.


• Headed by the District Judge as the Chairperson.
• The Secretary is a judicial officer.
• Roles of DLSA:
o Providing legal aid to eligible persons.
o Conducting legal awareness programs.
o Organizing Lok Adalats and mediation centers.
(iv) Taluk Level – Taluk Legal Services Committees (TLSC)

• Established under Section 11A.


• Headed by a senior civil judge as Chairperson.
• Provides legal aid at the taluk level, particularly in rural
areas.

3. Eligibility for Free Legal Aid Under the Act (Section 12)

The Act provides legal aid to economically and socially


weaker sections, including:

1. Women and children.


2. SC/ST individuals.
3. Victims of human trafficking.
4. Disabled persons.
5. Persons in custody (jail, protective homes, juvenile
homes, etc.).
6. Victims of disasters, violence, and communal riots.
7. Industrial workers.
8. People with an annual income below a specified
threshold (varies by state).

4. Role of Lok Adalats Under the Act

The Act promotes Lok Adalats, which are alternative


dispute resolution mechanisms for speedy justice.
(i) Constitution of Lok Adalats

• Established under Section 19 of the Act.


• Organized at state, district, and taluk levels.
• Composed of a judicial officer, a legal expert, and a
social worker.
(ii) Powers and Jurisdiction of Lok Adalats

• Lok Adalats can hear civil cases, family disputes,


motor accident claims, labor disputes, and land
acquisition cases.
• The decision of Lok Adalat is final and binding.
• No court fee is required.
• If a settlement is not reached, the case is referred back
to the appropriate court.

5. Other Key Functions of NALSA

1. Legal Awareness and Legal Literacy Campaigns:


a. Conducts legal literacy programs in schools,
colleges, and rural areas.
b. Distributes pamphlets, organizes seminars, and
broadcasts legal information.
2. Paralegal Volunteer (PLV) Scheme:
a. Trains paralegal volunteers (PLVs) to assist
people in remote areas.
b. PLVs help in filing cases, counseling victims, and
guiding them through legal procedures.
3. Legal Aid Clinics:
a. Operates in villages, jails, and remote areas to
provide free legal services.
b. Run by lawyers, law students, and paralegal
volunteers.
4. Victim Compensation Scheme:
a. Assists victims of acid attacks, rape, human
trafficking, and child abuse.
b. Provides monetary compensation and
rehabilitation support.
5. Legal Aid for Prisoners:
a. Ensures that undertrial prisoners get proper legal
representation.
b. Provides legal aid lawyers for those who cannot
afford private counsel.

6. Impact of the Act in Promoting Legal Aid

(i) Increased Access to Justice

• Millions of people, especially from rural and


marginalized communities, have benefited from free
legal aid.
(ii) Reduction in Court Backlogs

• Lok Adalats have resolved a large number of pending


cases through amicable settlements.
(iii) Protection of Fundamental Rights

• Ensures that Article 39A of the Constitution (providing


equal justice and free legal aid) is implemented.
(iv) Women Empowerment

• Provides legal help to women facing domestic


violence, dowry harassment, and property disputes.
(v) Rehabilitation of Victims

• Helps victims of crimes, such as human trafficking


and acid attacks, receive compensation and support.

7. Challenges in Implementation

Despite its success, the Act faces some challenges:

1. Lack of Awareness – Many people are unaware of free


legal aid services.
2. Shortage of Lawyers – Not enough lawyers are willing
to work on legal aid cases.
3. Limited Infrastructure – Rural areas lack proper legal
aid centers.
4. Delays in Compensation – Victim compensation
schemes face bureaucratic delays.

8. Conclusion

The National Legal Services Authority Act, 1987 is a


significant step towards ensuring justice for all, particularly
for the poor and marginalized. Through NALSA, SLSAs,
DLSAs, and Lok Adalats, the Act has played a crucial role in
providing legal aid, resolving disputes, and spreading
legal awareness. However, challenges such as lack of
awareness, shortage of resources, and slow
implementation need to be addressed to make legal aid
truly accessible to all citizens.

State Legal Services Authority (SLSA) and District Legal


Services Authority (DLSA)

The State Legal Services Authority (SLSA) and District


Legal Services Authority (DLSA) are statutory bodies
established under the Legal Services Authorities Act, 1987
to provide free and competent legal aid to weaker sections
of society and ensure equal access to justice. These
authorities function under the National Legal Services
Authority (NALSA) and play a crucial role in implementing
legal aid schemes, promoting legal literacy, and conducting
Lok Adalats at their respective levels.
1. State Legal Services Authority (SLSA)
(A) Composition of State Legal Services Authority (SLSA)

The State Legal Services Authority is established under


Section 6 of the Legal Services Authorities Act, 1987. Each
state has its own SLSA, which functions under the
supervision of NALSA.
Structure of SLSA

• Patron-in-Chief: The Chief Justice of the High Court


of the respective state.
• Executive Chairman: A sitting or retired Judge of the
High Court, nominated by the Governor of the state in
consultation with the Chief Justice.
• Member Secretary: An officer (judicial or
administrative) appointed by the state government to
oversee the day-to-day functioning of the authority.
• Other Members: Representatives from legal,
administrative, and social service backgrounds as
prescribed by the state government.
(B) Functions of the State Legal Services Authority (SLSA)

As per Section 7 of the Act, SLSAs are responsible for


implementing legal aid programs within the state. The key
functions include:
1. Providing Free Legal Aid

• Ensuring free legal services to economically weaker


sections and other eligible groups as per Section 12 of
the Act.
• Appointing panel lawyers for legal aid cases.
2. Organizing Lok Adalats

• Conducting State-Level Lok Adalats and supervising


District Lok Adalats under Chapter VI of the Act.
• Encouraging amicable settlements of disputes
through Alternative Dispute Resolution (ADR)
methods.
3. Spreading Legal Awareness and Legal Literacy

• Conducting legal awareness camps, workshops, and


seminars.
• Publishing booklets, pamphlets, and audio-visual
content to educate people about their legal rights.
4. Supervising District Legal Services Authorities (DLSAs)

• Monitoring the performance of DLSAs and Taluk Legal


Services Committees (TLSCs).
• Implementing policies formulated by NALSA at the
state level.
5. Establishing Legal Aid Clinics

• Setting up legal aid clinics in villages, jails, and


educational institutions.
• Training paralegal volunteers (PLVs) to provide legal
assistance in remote areas.
6. Assisting Victims of Crime and Disasters

• Providing compensation, rehabilitation, and legal


representation to victims of crimes such as human
trafficking, acid attacks, and domestic violence.
• Assisting disaster victims in legal matters, including
property claims, insurance settlements, and
government relief schemes.

(C) Significance of State Legal Services Authority (SLSA)

• Promotes Equal Access to Justice: Ensures that


financial constraints do not prevent individuals from
getting legal help.
• Speeds Up Case Resolution: Reduces the burden on
courts by promoting Lok Adalats and mediation.
• Empowers Marginalized Communities: Provides legal
representation to SC/ST, women, children, disabled
persons, and prisoners.
• Supports Victim Rehabilitation: Helps victims of
crimes through legal aid and compensation schemes.

2. District Legal Services Authority (DLSA)


(A) Composition of District Legal Services Authority
(DLSA)

The District Legal Services Authority (DLSA) is established


under Section 9 of the Legal Services Authorities Act, 1987.
Every district in India has a DLSA to provide legal aid at the
grassroots level.

Structure of DLSA

• Chairperson: The District Judge of the respective


district.
• Secretary: A Judicial Officer, appointed to oversee
legal aid activities and coordinate with stakeholders.
• Other Members: Lawyers, social workers, and
government officials as prescribed by the state
government.

(B) Functions of the District Legal Services Authority


(DLSA)

As per Section 10 of the Act, DLSAs have the following


responsibilities:
1. Providing Free Legal Aid

• Offering legal representation, counseling, and legal


assistance to eligible persons.
• Running legal aid clinics in jails, villages, and remote
areas.
2. Organizing Lok Adalats

• Conducting district-level Lok Adalats to resolve


disputes related to family issues, land matters, motor
accident claims, and labor disputes.
• Encouraging out-of-court settlements through ADR
mechanisms.
3. Legal Awareness and Literacy Programs

• Organizing legal awareness camps in schools,


colleges, and community centers.
• Conducting door-to-door legal aid campaigns.
4. Assisting Undertrial Prisoners

• Ensuring speedy trials for undertrial prisoners.


• Appointing legal aid lawyers for prisoners who cannot
afford private advocates.
5. Supervising Taluk Legal Services Committees (TLSCs)

• Overseeing taluk-level legal services and ensuring


their effective functioning.
6. Victim Compensation and Rehabilitation

• Assisting victims in applying for compensation under


government schemes.
• Providing legal help to survivors of domestic violence,
sexual harassment, and trafficking.
(C) Significance of District Legal Services Authority
(DLSA)

• Provides Justice at the Grassroots Level: Ensures that


even people in rural and remote areas get access to
legal aid.
• Speeds Up Dispute Resolution: Lok Adalats organized
by DLSAs help in quick settlements, reducing the
burden on district courts.
• Protects the Rights of the Poor: Helps laborers,
women, and marginalized groups understand and
claim their legal rights.
• Ensures Legal Representation for Prisoners: Provides
free legal aid to undertrial prisoners who cannot
afford a lawyer.

3. Key Differences Between SLSA and


DLSA
Featu District Legal Services Authority
State Legal Services Authority (SLSA)
re (DLSA)
Estab
Section 6 of the Legal Services Section 9 of the Legal Services
lished
Authorities Act, 1987 Authorities Act, 1987
Under
Jurisd
Entire state Respective district
iction
Chief Justice of the High Court (Patron-in-
Head
Chief) and a High Court Judge (Executive District Judge (Chairperson)
ed By
Chairman)
Super District Legal Services Authorities Taluk Legal Services Committees
vises (DLSAs) (TLSCs)
Key Implements NALSA’s policies at the state Provides legal aid at the district
Funct level, organizes state-level Lok Adalats, level, organizes district Lok Adalats,
ions monitors DLSAs supervises TLSCs

4. Conclusion
The State Legal Services Authority (SLSA) and District
Legal Services Authority (DLSA) play a crucial role in
ensuring access to justice for the underprivileged. They
provide free legal aid, conduct Lok Adalats, and spread
legal awareness at their respective levels. Despite
challenges such as lack of awareness and shortage of
lawyers, these bodies have helped millions of people
resolve disputes and exercise their legal rights.

Here's a detailed breakdown of all the topics you requested:


1. Rule of Law
Meaning of Rule of Law

The Rule of Law is a fundamental principle of governance,


which means that everyone is equal before the law, and no
one is above it. The government must operate according to
established laws, ensuring justice, fairness, and
accountability.

Origin and Evolution

• Ancient Concept: Found in Greek, Roman, and Indian


traditions (Dharma in Hindu philosophy).
• Magna Carta (1215): Established that the king is
subject to the law.
• A.V. Dicey’s Theory (1885): Gave the modern
interpretation with three principles:
o Supremacy of Law – No one can be punished
except for a breach of law.
o Equality before Law – All individuals are subject to
the same laws.
o Predominance of Legal Spirit – Rights are
protected by judicial decisions.
Importance of Rule of Law

• Prevents arbitrary use of power.


• Protects fundamental rights and freedoms.
• Ensures legal certainty and accountability.
• Strengthens democracy and good governance.

Rule of Law in the Indian Constitution

• Article 14: Equality before the law.


• Article 21: Protection of life and personal liberty.
• Article 32 & 226: Power of courts to enforce
fundamental rights.
• Judicial Review: Courts can strike down laws that
violate constitutional principles.

Challenges to Rule of Law in India

• Delays in justice.
• Corruption in administration.
• Political interference in legal institutions.
• Discrimination in access to justice.
2. Para-Legal Volunteers (PLVs) and Their
Role
Who are Para-Legal Volunteers (PLVs)?

Para-Legal Volunteers (PLVs) are trained individuals who


assist people in accessing legal services, creating legal
awareness, and providing legal aid. They work under the
guidance of Legal Services Authorities (LSAs) at the
national, state, district, and taluk levels.

Qualifications of PLVs

• Law students, social workers, teachers, and retired


government officials.
• People with a basic understanding of law and a desire
to help society.

Role and Responsibilities of PLVs

1. Legal Awareness: Educating people about their rights


and legal remedies.
2. Assisting in Legal Aid: Helping poor and illiterate
people apply for legal aid services.
3. Helping in Lok Adalats: Encouraging out-of-court
settlements.
4. Assisting in Court Procedures: Helping litigants
understand legal procedures.
5. Jail & Police Station Visits: Ensuring that undertrial
prisoners get legal assistance.
6. Women & Child Welfare: Assisting in cases of
domestic violence, child abuse, and trafficking.
7. Documentation Assistance: Helping people in filing
applications for government schemes.
8. Disaster Relief Assistance: Helping victims of
disasters claim compensation and legal remedies.

Significance of PLVs

• Bridges the gap between legal services and the


common people.
• Increases access to justice in remote areas.
• Reduces the burden on courts by promoting alternative
dispute resolution (ADR).

3. Legal Aid and Its Significance


What is Legal Aid?

Legal aid refers to providing free legal assistance to those


who cannot afford legal representation and access to
justice. It is a fundamental right under Article 39A of the
Indian Constitution.

Legal Aid Under the Legal Services Authorities Act, 1987

• NALSA (National Legal Services Authority) provides


legal aid nationwide.
• State, District, and Taluk Legal Services Authorities
implement legal aid programs at their respective levels.

Who is Eligible for Legal Aid? (Under Section 12 of the


Act)

• Women and children.


• SC/ST individuals.
• Victims of human trafficking.
• Persons with disabilities.
• Undertrial prisoners.
• Industrial workers.
• Disaster victims.

Forms of Legal Aid Provided

1. Legal Advice: Counseling on legal rights.


2. Legal Representation: Appointing lawyers for the
needy.
3. Lok Adalats & Mediation: Resolving disputes outside
court.
4. Legal Literacy Programs: Spreading awareness about
laws.

Significance of Legal Aid

• Ensures justice for all, irrespective of financial status.


• Strengthens democracy and the rule of law.
• Helps in decreasing case backlog by promoting
settlements.
• Empowers marginalized sections by giving them a voice
in legal matters.

4. CPC and CrPC Provisions


A. Civil Procedure Code (CPC), 1908

The Civil Procedure Code (CPC) governs the procedures for


civil cases in India.
Key Provisions of CPC

• Jurisdiction (Sections 6-20): Defines where a suit can


be filed.
• Pleadings (Order VI-VIII): Includes plaints, written
statements, and replies.
• Summons (Order V): Notices issued to parties in a
case.
• Temporary Injunction (Order XXXIX): Court orders to
prevent harm before a final judgment.
• Execution of Decrees (Order XXI): Process of
enforcing court judgments.

B. Criminal Procedure Code (CrPC), 1973

The Criminal Procedure Code (CrPC) lays down the


procedure for criminal cases in India.
Key Provisions of CrPC

• Investigation (Sections 154-176): FIR, police


investigation, charge sheet.
• Trial (Sections 225-265): Procedures for criminal trials.
• Bail (Sections 436-439): Guidelines for granting bail.
• Rights of Arrested Person (Section 50, 57, 167):
Protects against illegal detention.
• Appeals and Revision (Sections 372-397): Remedies
for challenging court decisions.
5. Important Judgments on Legal Aid
1. Hussainara Khatoon v. State of Bihar (1979)

• Recognized the right to free legal aid for undertrial


prisoners.
• Highlighted delays in the justice system and called for
fast-tracking cases.

2. Khatri v. State of Bihar (1981)

• Supreme Court ruled that the State is responsible for


providing free legal aid to poor accused persons from
the moment of arrest.
3. Suk Das v. Union Territory of Arunachal Pradesh (1986)

• Stressed that legal aid is a fundamental right under


Article 21 and must be provided even if the accused
does not request it.
4. State of Maharashtra v. Manubhai Pragaji Vashi (1995)

• Emphasized the need for government funding for legal


aid and legal literacy programs.
5. Mohd. Ajmal Kasab v. State of Maharashtra (2012)

• Upheld the principle that even terror accused are


entitled to legal aid under Article 22(1) of the
Constitution.

Conclusion
The Rule of Law, Legal Aid, and CPC/CrPC provisions form
the backbone of India's justice system. Para-Legal
Volunteers (PLVs) act as a bridge between legal institutions
and the common people. Legal aid ensures that no one is
denied justice due to financial constraints. Important
Supreme Court judgments have strengthened legal aid as a
fundamental right, making justice accessible to all.

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