Section A

Explain the Constitutional concepts that ensures the right to legal aid in
India?
As a law student, I understand that access to justice is a fundamental human
right and a cornerstone of any democratic legal system. In India, the
Constitution lays down several provisions that collectively ensure the right to
legal aid, aiming to make justice accessible to every individual irrespective of
their socio-economic status. The right to legal aid flows primarily from Article
14, Article 21, and Article 39A of the Constitution of India.
Article 14 – Equality Before Law
Article 14 guarantees that "the State shall not deny to any person equality
before the law or the equal protection of the laws within the territory of India."
In theory, this ensures that every individual is treated equally in the eyes of the
law. However, in practice, true equality can only exist when individuals also
have equal access to the mechanisms of justice.
Article 21 – Right to Life and Personal Liberty
Article 21 ensures that "no person shall be deprived of his life or personal liberty
except according to procedure established by law." Over the years, the judiciary
has expanded the scope of Article 21 to include the right to live with human
dignity, and this has been interpreted to include access to justice and legal
representation.
In Hussainara Khatoon v. State of Bihar (1979), the Supreme Court held that
legal aid is a fundamental component of a fair and reasonable procedure.
Similarly, in Khatri v. State of Bihar (1981), the Court emphasized that the right
to free legal services is not confined only to the trial stage but extends to the
point of arrest or remand as well.
Article 39A – Directive Principle of State Policy
Article 39A was introduced by the 42nd Constitutional Amendment in 1976. It
explicitly directs the State to "secure that the operation of the legal system
promotes justice on a basis of equal opportunity" and to provide free legal aid
by suitable legislation or schemes to ensure that opportunities for securing
justice are not denied to any citizen by reason of economic or other disabilities.

How has the Legal Services Authorities Act, 1987, led to the
institutionalisation of legal aid and expanded its outreach to ensure that
justice is accessible regardless of economic or social barriers?
To give effect to the constitutional mandate of ensuring access to justice for all,
especially the underprivileged, the Legal Services Authorities Act, 1987 was
enacted. This legislation has transformed the legal aid system in India from a
discretionary welfare measure into a structured and enforceable right
supported by institutions at multiple levels.
Creation of Legal Services Authorities
The Act provides for a comprehensive institutional framework for the delivery
of legal aid services across the country. It establishes:

• National Legal Services Authority (NALSA) at the central level,

• State Legal Services Authorities (SLSA) at the state level,
• District Legal Services Authorities (DLSA) at the district level, and
• Taluk Legal Services Committees at the sub-district level.

These authorities are responsible for:

• Implementing legal aid programs,

• Appointing legal aid counsels,
• Spreading legal awareness,
• Organising Lok Adalats,
• Conducting legal literacy camps.

Through this multi-tiered structure, the Act has ensured that legal aid is
available in both urban and rural areas, and that institutional mechanisms exist
to monitor and deliver services effectively.
Section 12 of the Act lays down who is entitled to free legal aid. This includes:

• Women and children,

• Scheduled Castes (SCs) and Scheduled Tribes (STs),
• Victims of trafficking or beggar,
• Industrial workmen,
• Persons in custody (including under trial prisoners),
• Persons with mental or physical disabilities,
• Victims of natural disasters or ethnic violence,
• Persons with income below the prescribed limit.

This broad classification ensures that vulnerable and disadvantaged sections

of society are not left out of the justice system due to poverty or other
disabilities.
Criteria for Granting Legal Aid: Section 13
Section 13 of the Act states that once a person qualifies under Section 12 and
has a prima facie case, legal services must be granted. This ensures that
deserving applicants are not denied access to justice simply because of
procedural or bureaucratic obstacles.
Lok Adalats: Chapter VI
One of the Act's most innovative features is the institutionalization of Lok
Adalats, which are alternative dispute resolution (ADR) forums. They are
informal, flexible, and inexpensive, and they help resolve disputes without the
formalities of a courtroom. Under Section 21 of the Act, decisions made by Lok
Adalats are treated as civil court decrees and are binding on the parties. These
forums have helped significantly reduce the burden on courts and have
delivered quick justice to many who would otherwise not have been able to
afford litigation.
In State of Punjab v. Jalour Singh (2008), the Supreme Court reaffirmed the
finality of Lok Adalat awards, holding that no appeal lies against them and that
they cannot be challenged except by filing a writ under Article 226 or 227.
 Section B
What kind of social skills are important for law students while being part of
Clinical Legal Education?
As a law student actively engaging with Clinical Legal Education (CLE), I have
realized that success in this field requires more than just academic excellence
or legal knowledge. CLE brings us into direct contact with real people, real
problems, and real consequences.

Effective Communication Skills

Communication lies at the heart of clinical legal practice. Often, the clients we
deal with in legal aid clinics are poor, illiterate, or semi-literate, and unfamiliar
with legal terminology. As a student, I need to explain legal rights, processes,
and options in simple, understandable language, avoiding jargon.

Case Reference: In People’s Union for Democratic Rights v. Union of India

[(1982) AIR 1473], the court underlined the duty of the State and legal aid
institutions to ensure that justice reaches the marginalized. Effective
communication is the first step in that process.
Empathy and Emotional Intelligence
In CLE, we interact with people who may be survivors of domestic violence,
wrongful termination, bonded labor, or child abuse. Empathy allows me to see
beyond the legal problem and into the human suffering behind it. It helps build
trust, encourages openness, and leads to better client-lawyer relationships.
Active Listening
Active listening is a fundamental skill I’ve had to consciously develop. Clients
may not always express legal problems clearly. They often narrate emotional,
long, or unstructured stories. It is my responsibility to listen patiently, identify
relevant facts, and spot the legal issues hidden in their narration.
Teamwork and Collaboration
CLE programs are typically structured to involve joint efforts among law
students, faculty supervisors, practicing advocates, and NGOs. Learning to
function as part of a team sharing responsibilities, respecting roles, and
leveraging each other's strengths is vital.
Cultural Sensitivity and Inclusivity
India’s diversity requires lawyers to be sensitive to cultural, caste-based,
gendered, and linguistic identities. Being part of a legal aid clinic taught me that
even body language, clothing, or choice of words can affect how a client feels.
Negotiation and Conflict Resolution

CLE often involves mediation sessions or participation in Lok Adalats under the
Legal Services Authorities Act, 1987. Negotiation skills become crucial when
resolving petty civil disputes, matrimonial issues, or minor criminal
compoundable offences. I once assisted in resolving a property boundary
dispute in a Lok Adalat. What could have gone to years of litigation was resolved
amicably through guided negotiation and compromise underscoring the power
of alternative dispute resolution (ADR).
Ethical Conduct and Confidentiality
CLE instils a deep sense of ethical duty. I must treat clients with dignity, keep
their information confidential, and avoid conflicts of interest. These values are
aligned with the Bar Council of India’s Rules on Professional Conduct under the
Advocates Act, 1961. Failing to maintain these standards not only harms the
client but undermines the entire credibility of the clinical program.
Discuss the possibilities of employing some aspects of clinical legal
education in your own university campus and its surrounding, as
experiential learning?

Clinical Legal Education has immense potential to be embedded into the fabric
of my university and its surrounding community. By integrating CLE into our
academic and outreach activities, we can both serve the society and enrich our
own learning.
Establishing a Legal Aid Clinic on Campus
Our law faculty can partner with the State Legal Services Authority (SLSA) to set
up a permanent legal aid clinic under Section 4 of the Legal Services Authorities
Act, 1987. This clinic can offer:

• Free legal advice

• Pre-litigation counselling
• Legal awareness workshops
Such a clinic can serve as a bridge between our legal training and the justice
needs of nearby communities.
Street Law Programs and Legal Theatre
Street law is an engaging educational method where law students teach legal
rights using role plays and skits. It is a creative and impactful way to connect
with people who may otherwise feel alienated from legal systems. I believe that
even a simple play about dowry laws or cyberbullying performed in a public
park or school can spark awareness and dialogue.
Mediation and Lok Adalat Participation
Students can be trained in mediation and negotiation, and actively participate
in Lok Adalats organized in collaboration with District Legal Services
Authorities. As observers or assistants, we can gain first-hand knowledge of
ADR, and even document case studies for academic reflection.
Socio-Legal Research and Community Surveys
CLE offers great scope for conducting empirical research. We can design and
carry out legal needs surveys in local communities to assess which rights are
most violated or which laws are most misunderstood. The data generated can
be shared with NGOs or even district legal services for policy suggestions..
Creating a Digital Legal Aid Helpline
Considering the popularity of mobile technology, we could create a WhatsApp
based legal query system, where trained students respond to basic legal
questions and refer complicated matters to professionals. This extends access
to those unable to physically attend clinics, especially women and the elderly.
Internships and NGO Collaborations

We should also integrate CLE with internships at legal aid NGOs, district courts,
women’s shelters, and even prisons. These experiences will help us apply
classroom theories to real-world contexts—sharpening both our skills and
social awareness.

Section C
What is public interest lawyering? Elaborate on the roles of paralegals and
NGOs in advancing the objectives of public interest lawyering?
Public Interest Lawyering, in my understanding, refers to the practice of law
aimed at protecting the rights of disadvantaged and marginalized groups, rather
than serving private or commercial interests. It is a way for the legal profession
to contribute to social justice by helping those who are often left out of the
mainstream legal system.
In India, this concept gained momentum post-Emergency, especially with the
rise of judicial activism. Public Interest Lawyering is closely linked with the
Directive Principles of State Policy, particularly Articles 38, 39A, and 46, which
emphasize justice, equality, and the provision of free legal aid.
What makes this form of lawyering significant is that it does not always follow
traditional litigation. It includes legal aid services, community outreach,
awareness campaigns, and most importantly, Public Interest Litigation (PIL).
Judges like Justice P.N. Bhagwati and Justice V.R. Krishna Iyer were
instrumental in shaping this concept in the Indian legal system.
Roles of Paralegals and NGOs in Advancing Public Interest Lawyering
From what I’ve observed, both paralegals and NGOs are key contributors to
making public interest lawyering more effective on the ground.
Paralegals are trained legal volunteers who help people at the grassroots level
understand their rights and access justice. Their work includes:

• Spreading legal awareness in rural and backward areas.

• Helping people prepare legal documents and navigate official
procedures.
• Acting as a link between communities and legal institutions.
• Mediating small disputes and avoiding unnecessary litigation.

Under the Legal Services Authorities Act, 1987, paralegal volunteers (PLVs) are
appointed and trained to work within Legal Aid Clinics across the country. I
believe this has played a significant role in improving access to justice in rural
and remote areas.
NGOs, on the other hand, have a broader role. They:

• File PILs on behalf of affected communities.

• Train paralegals and organize awareness drives.
• Provide legal representation and follow-up in courts.
• Monitor the implementation of welfare schemes and court judgments.

For instance, NGOs like PUCL and Common Cause have made a deep impact
through landmark litigations on civil liberties and environmental protection.
Their involvement ensures that public interest lawyering reaches beyond
courtrooms and into people’s lives.
Reflect on public interest litigation (PIL) as a transformative tool in
achieving social justice over the years? Discuss the role of the judiciary in
curbing misuse of public interest litigation?
In my view, PILs have been one of the most transformative legal tools in India’s
journey toward social justice. It has allowed the courts to intervene in areas
where government action was lacking and has enabled individuals to file cases
on behalf of those who could not approach the courts themselves.
Some cases that have inspired me include:

• Hussainara Khatoon v. State of Bihar (1979), which secured the right to a

speedy trial for undertrial prisoners.
• M.C. Mehta v. Union of India, where PILs led to major environmental
reforms.
• Vishaka v. State of Rajasthan (1997), which laid the foundation for laws
against sexual harassment at the workplace.
These cases show how PILs can lead to real, structural change in law and
policy. They have given a voice to those who are often voiceless in the justice
system.
Role of the Judiciary in Curbing Misuse of PILs
While understanding how PILs can lead to real, structural change in law and
policy, at the same time, I recognize that not all PILs are filed with genuine
intentions. Some are motivated by personal gain, publicity, or political rivalry.
Thankfully, the judiciary has taken steps to prevent this misuse.
In State of Uttaranchal v. Balwant Singh Chaufal (2010), the Supreme Court laid
down strict guidelines for entertaining PILs, emphasizing that only genuine and
public-spirited petitions would be considered. The court has also imposed
exemplary costs in cases of frivolous PILs to discourage abuse of this important
legal tool.
I believe this balanced approach by the judiciary—promoting genuine PILs
while curbing misuse—helps maintain the credibility and effectiveness of
public interest litigation as a mechanism for justice.