shall promote the welfare of the

people by securing and protecting

the social order including justice
and
Article 39-A of the constitution
states that the state shall in
particular, provide free legal aid,
by suitable
legislation or schemes, to ensure
that opportunities for securing
justice are not denied to any
citizen.
In Sheela Barse vs. State of
Maharashtra, it was held that
legal assistance to a poor accused
who is
arrested and put in jeopardy of his
life or personal liberty is
constitutional imperative
mandated not only
by article 39-A but also by article
21 and 14 of the constitution.
Article 21 clearly says that every
person has an equal right to life
and liberty except according to
the
procedure established by the law.
It was said in the case of
Hussainara khatoon vs. State of
Bihar, that if
any accused is not able to afford
legal services then he has a right
to free legal aid at the cost of the
state.
The legal aid system in India has
proven ineffective. There are four
main reasons why the National
Legal
Services Authorities has not been
able to deliver real legal aid:
1. There is a general lack of
awareness of the availability of
legal aid;
2. There is a perception that free
service is incompatible with
quality service;
3. There are not enough lawyers
delivered by the legal services
authorities, and
4. Lawyers generally are
uninterested in providing
competent legal assistance
because of financial
constraints.
The legal aid movement cannot
achieve its goal so long as people
are not aware of their basic rights.
When the poor are not aware of
their legal rights, they are subject
to exploitation and ultimately
deprived of the rights and
benefits provided to them under
law. Thus, the key to a successful
free
legal aid system is increased
awareness among the populace
and more efficient delivery
processes.
Successful legal aid delivery in
India requires the government to
embark on a campaign to inform
and educate the public of its right
to free legal aid. Further, the
government must employ more
efficient processes to improve
legal aid delivery, including but
not limited to increased
compensation
for legal aid lawyers.
Obstacles To Legal Assistance:
The legal aid movement in India
is unorganized, diffused and
sporadic. There is lack of co-
ordination in it.
The ideal of equal access and
availability of legal justice has
reached almost breakdown point.
There is a
wide gap between the goals set
and met.
Lawyers don’t engage themselves
in pro bono activities because of
various reasons. There is lack of
financial resources. The legal
education imparted earlier did not
provide social education.
Illiteracy is
also a major obstacle to legal aid.
It is the absence of legal
awareness which leads to
exploitation and
deprivation of rights and benefits
of the poor.
Measures For Effective Legal
Aid:
1. The legal aid movement has to
go to the grass root level and help
to discover, identify and solve the
problems and difficulties of the
poor.
2. The participation not only of
the practicing lawyers but also of
the courts, the law, teachers,
senior law
students, trained social workers,
public at large is also needed.
JUDICIAL ACITVISM

shall promote the welfare of the

people by securing and protecting
the social order including justice
and
Article 39-A of the constitution
states that the state shall in
particular, provide free legal aid,
by suitable
legislation or schemes, to ensure
that opportunities for securing
justice are not denied to any
citizen.
In Sheela Barse vs. State of
Maharashtra, it was held that
legal assistance to a poor accused
who is
arrested and put in jeopardy of his
life or personal liberty is
constitutional imperative
mandated not only
by article 39-A but also by article
21 and 14 of the constitution.
Article 21 clearly says that every
person has an equal right to life
and liberty except according to
the
procedure established by the law.
It was said in the case of
Hussainara khatoon vs. State of
Bihar, that if
any accused is not able to afford
legal services then he has a right
to free legal aid at the cost of the
state.
The legal aid system in India has
proven ineffective. There are four
main reasons why the National
Legal
Services Authorities has not been
able to deliver real legal aid:
1. There is a general lack of
awareness of the availability of
legal aid;
2. There is a perception that free
service is incompatible with
quality service;
3. There are not enough lawyers
delivered by the legal services
authorities, and
4. Lawyers generally are
uninterested in providing
competent legal assistance
because of financial
constraints.
The legal aid movement cannot
achieve its goal so long as people
are not aware of their basic rights.
When the poor are not aware of
their legal rights, they are subject
to exploitation and ultimately
deprived of the rights and
benefits provided to them under
law. Thus, the key to a successful
free
legal aid system is increased
awareness among the populace
and more efficient delivery
processes.
Successful legal aid delivery in
India requires the government to
embark on a campaign to inform
and educate the public of its right
to free legal aid. Further, the
government must employ more
efficient processes to improve
legal aid delivery, including but
not limited to increased
compensation
for legal aid lawyers.
Obstacles To Legal Assistance:
The legal aid movement in India
is unorganized, diffused and
sporadic. There is lack of co-
ordination in it.
The ideal of equal access and
availability of legal justice has
reached almost breakdown point.
There is a
wide gap between the goals set
and met.
Lawyers don’t engage themselves
in pro bono activities because of
various reasons. There is lack of
financial resources. The legal
education imparted earlier did not
provide social education.
Illiteracy is
also a major obstacle to legal aid.
It is the absence of legal
awareness which leads to
exploitation and
deprivation of rights and benefits
of the poor.
Measures For Effective Legal
Aid:
1. The legal aid movement has to
go to the grass root level and help
to discover, identify and solve the
problems and difficulties of the
poor.
2. The participation not only of
the practicing lawyers but also of
the courts, the law, teachers,
senior law
students, trained social workers,
public at large is also needed.
Judicial activism is a concept that originated in the US in 1947. It has been seen in India since
the Emergency days. Judiciary and judicial activism are important topics to be understood by the
aspirants for IAS Exam. The article will introduce you to judicial activism, its methods,
significance and pros and cons. 

Judicial Activism – Know What It Means

The judiciary plays an important role in upholding and promoting the rights of citizens in a
country. The active role of the judiciary in upholding the rights of citizens and preserving the
constitutional and legal system of the country is known as judicial activism. This entails,
sometimes overstepping into the territories of the executive. Candidates should know the judicial
overreach is an aggravated version of judicial activism. 
Judicial activism is seen as a success in liberalizing access to justice and giving relief to
disadvantaged groups, because of the efforts of justices V R Krishna Ayer and P N Bhagwati.
The Black’s Law Dictionary defines judicial activism as “judicial philosophy which motivates
judges to depart from the traditional precedents in favour of progressive and new social policies.”
The concept of Public Interest Litigation (PIL) is always talked of when judicial activism is
discussed.

Judicial Activism Methods

There are various methods of judicial activism that are followed in India. They are:

1. Judicial review (power of the judiciary to interpret the constitution and to declare any such
law or order of the legislature and executive void, if it finds them in conflict with the
Constitution)
2. PIL (The person filing the petition must not have any personal interest in the litigation,
this petition is accepted by the court only if there is an interest of large public involved;
the aggrieved party does not file the petition). 
 3. Constitutional interpretation
4. Access of international statute for ensuring constitutional rights
5. Supervisory power of the higher courts on the lower courts

Significance of Judicial Activism

 It is an effective tool for upholding citizens’ rights and implementing constitutional
principles when the executive and legislature fails to do so.
 Citizens have the judiciary as the last hope for protecting their rights when all other doors
are closed. The Indian judiciary has been considered as the guardian and protector of the
Indian Constitution. 
 There are provisions in the constitution itself for the judiciary to adopt a proactive
role. Article 13 read with Articles 32 and 226 of the Constitution provides the power
of judicial review to the higher judiciary to declare any executive, legislative or
administrative action void if it is in contravention with the Constitution.
 According to experts, the shift from locus standi to public interest litigation made the
judicial process more participatory and democratic.
 Judicial activism counters the opinion that the judiciary is a mere spectator.

Judicial Activism Examples

It all started when the Allahabad High Court rejected the candidature of Indira Gandhi in 1973. 

 In 1979, the Supreme Court of India ruled that undertrials in Bihar had already served
time for more period than they would have, had they been convicted.
 Golaknath case: The questions, in this case, were whether the amendment is a law; and
whether Fundamental Rights can be amended or not. SC contented that Fundamental
Rights are not amenable to the Parliamentary restriction as stated in Article 13 and that
to amend the Fundamental rights a new Constituent Assembly would be required. Also
stated that Article 368 gives the procedure to amend the Constitution but does not confer
on Parliament the power to amend the Constitution.
 Kesavananda Bharati case: This judgement defined the basic structure of the
Constitution. The SC held that although no part of the Constitution, including
Fundamental Rights, was beyond the Parliament’s amending power, the “basic structure
of the Constitution could not be abrogated even by a constitutional amendment.” This is
the basis in Indian law in which the judiciary can strike down an amendment passed by
Parliament that is in conflict with the basic structure of the Constitution.
 In the 2G scam, the SC cancelled 122 telecom licenses and spectrum allocated to 8
telecom companies on the grounds that the process of allocation was flawed.
 The Supreme Court rolled out a blanket ban on firecrackers in the Delhi – NCR area with
certain exceptions in 2018.
 The SC invoked terror laws against alleged money launderer Hasan Ali Khan.
Aspirants should read about landmark cases related to the basic structure of the constitution, in
the linked article.

Pros & Cons Of Judicial Activism

Judicial Activism in simple words means when judges interrupt their own personal feelings into a
conviction or sentence, instead of upholding the existing laws. For some reason, every judicial
case has a base of activism within it, so it is imperative to weigh the pros and cons to determine
the aptness of the course of action being carried out. 
Pros associated with Judicial Activism India
  Judicial Activism sets out a system of balances and controls to the other branches of the
government. It accentuates required innovation by way of a solution.
 In cases where the law fails to establish a balance, Judicial Activism allows judges to use
their personal judgment.
 It places trust in judges and provides insights into the issues. The oath of bringing justice
to the country by the judges does not change with judicial activism. It only allows judges
to do what they see fit within rationalised limits. Thus, showing the instilled trust placed in
the justice system and its judgments.
 Judicial Activism helps the judiciary to keep a check on the misuse of power by the state
government when it interferes and harms the residents. 
 In the issue of majority, it helps address problems hastily where the legislature gets stuck
in taking decisions.
Cons Associated with Judicial Activism 

 Firstly, when it surpasses its power to stop and misuse or abuse of power by the
government. In a way, it limits the functioning of the government. 
 It clearly violates the limit of power set to be exercised by the constitution when it
overrides any existing law. 
 The judicial opinions of the judges once taken for any case becomes the standard for
ruling other cases.
 Judicial activism can harm the public at large as the judgment may be influenced by
personal or selfish motives. 
 Repeated interventions of courts can diminish the faith of the people in the integrity,
quality, and efficiency of the government.

Judicial Activism Criticism

Judicial activism has also faced criticism several times. In the name of judicial activism, the
judiciary often mixes personal bias and opinions with the law. Another criticism is that the theory
of separation of powers between the three arms of the State goes for a toss with judicial activism.
Many times, the judiciary, in the name of activism, interferes in an administrative domain, and
ventures into judicial adventurism/overreach. In many cases, no fundamental rights of any group
are involved. In this context, judicial restraint is talked about. 

Early cases of judicial activism 

The following Supreme Court rulings provide insight into the development of judicial
activism in independent India.

During the reign and dominance of British courts, the Supreme Court functioned as a
technocratic court, but it gradually began to take an activist stance. The first landmark case
in this regard was A.K. Gopalan v. the State of Madras (1950), in which a writ was filed to
determine whether detention without trial was a violation of fundamental rights
under Article 14, 19, 21, and 22. The Supreme Court opined that the written Constitution
contains the authority for judicial review. Even though the challenge was unsuccessful, it did
start a new legal trend that became apparent in the years that followed.
Freedom of press

In the case of Sakal Newspapers Pvt. Ltd. v. Union of India (1962), the government sought to
regulate the number of pages in relation to the price of the newspaper in accordance with
the Newspaper Act of 1956 and order of 1960. The Supreme Court ruled that newspapers
could not be subject to the same regulations as other businesses because they served as a
forum for the exchange of ideas and information. This decision broadened the protections
for free speech provided by Article 19(1)(a) of the Constitution.

Reservation policy

In the case of Balaji v. State of Mysore (1963), the Supreme Court reasoned that economic
backwardness was the root cause of social backwardness. The Court distinguished caste
from class and ruled that caste should not be used to assess backwardness. Additionally, it
was decided that the reserved category’s percentage of the total should not exceed 50%. It
was decided that Article 14, as well as the subsets of Articles 15 and 16, must be complied
with. Similar limitations on the reservation were imposed by the Court in the case
of Chitralekha v.  State of Mysore (1964).

Doctrine of prospective overruling

The doctrine of prospective overruling first appeared in the American legal system.  It states
that a decision made in a specific case will only affect the future and will have no
retrospective effect on previous decisions. In Golaknath v. State of Punjab (1971), the
Supreme Court of India pioneered the idea of “prospective overruling” while addressing the
constitutional validity of the 17th Amendment to the Constitution and determined that
Parliament lacked the authority to amend Part III of the Constitution or to abridge any of the
fundamental rights.

Doctrine of basic structure

In the case of Keshavananda Bharti v. State of Kerala (1973), the Supreme Court issued a
decision that is regarded as a watershed moment in Indian constitutional jurisprudence.
While addressing the scope of the amending power conferred by Article 368 of the
Constitution, the Court developed the theory of “basic structure.” By a 7:6 majority, a Bench
of 13 judges ruled that Parliament had broad powers to amend the Constitution but that
power must not abridge or destroy the basic structure or basic framework of the
Constitution.

Habeas corpus case

The case of ADM Jabalpur v. Shivkant Shukla (1976), in which Article 21 was brought up,
resulted in the most contentious Supreme Court decision regarding judicial activism. The
majority of the Bench hearing the case of ADM Jabalpur held that in cases of dire
emergencies, such as those that existed between 1975 and 1977, a legal procedure could be
established, following which even human life could be taken away. Although Justice
Chandrachud, who wrote the decision, faced criticism for penning a pro-government
opinion, the legal theory he advanced was an excellent illustration of judicial activism. 
Justice Chandrachud has interpreted Article 21 in this manner and upheld the legality of
legislation requiring acceptance in order to maintain the country’s sovereignty if it is
threatened by either internal or external aggression.

Main Characteristics of Public Interest Litigation (PIL)

        Public interest Litigation is a mechanism which aims at ensuring

justice to all citizens in a welfare State like ours. it seeks to assure  all the
person that access to justice is always available to them in case any of
their fundamental rights violated . The main features of PIL may briefly
stated as follows -
   
1) Since the aim of PIL is to protect the interest of public at large , it is
not necessary that any right of the person filing a PIL Petition have been
violated .

2) PIL writ is generally directed to protect the interest of those who are
unable to move the court for the protection of their rights due to poverty, 
illiteracy or ignorance etc.

3) Any person or social service institution can file PIL writ for redressal of
grievance of public in general through he may not have any personal
interest in the case or any his right has   been adversely affected .
4) In a welfare state , PIL is an effective instrument to make the
executive authorities conscious about their public duties.

5) The Principle of liberalization of LOCUS STANDI rule applies only in

case of Public Interest Litigation writs. It has no application in case of
other writs where the petitioner has to prove that his personal legal right
has been Violated.

6) In some cases the affected parties may address a letter directly to the
supreme court (in matter involves violation of some fundamental rights)
or to High Court & the court if satisfied that matter involves some public
interest & deserves Court's attention,  may treat the letter as a writ
petition & and initiate the proceedings. This has been termed as
Epistolary jurisdiction of the court. At times, the higher class Court may
even. Suo motu initiate Judicial proceedings on the basis of some news
item appearing in a news paper or magazine provided they feel that some
public interest is involved in the matter reported.

7) The Court need not adopt adversal procedure in PIL cases.

8) PIL has been criticized on the ground that it has resulted in no merit
because PIL writs are not admitted by the court unless they thoroughly
scrutinized so as to ensure whether any public interest is really involved
in the case or the PIL writ has been filed with some ulterior motive or
purpose. For the purpose of preliminary scrutiny of PIL cases a public
interest litigation cell has been set up in  the Supreme Court &High
courts.
Case law

The Taj Mahal, the eternal symbol of love in India, has withstood the
brutal force of the elements for centuries. But this magnificent monument
was almost destroyed by pollution. That is, until a lawyer by the name of
M.C. Mehta filed a Public Interest Litigation seeking directions from the
Hon’ble Court to direct authorities to take steps to stop pollution.

Another example of a PIL is the Oleum Gas Leak Case that established the
concept of “absolute liability” in Indian law.
A Public Interest Litigation also known as PIL is a form of litigation that is
filed to safeguard or enforce public interest. Public Interest is the interest
belonging to a particular class of the community affects their legal rights
or liabilities. It may include pecuniary interest.

LANDMARK CASE OF PIL

CASE – 2

  VISHAKA V. STATE OF RAJASTHAN

Bhanwari Devi, a social worker, was gang-raped in a village in Rajasthan in 1992. The gang
rape was a result of her trying to discourage a family’s efforts of marrying their one year
daughter. She filed a complaint with police and many NGOs came out in her support. Despite
several efforts, when no justice was served to her, a PIL was filed.

The PIL in Supreme Court was filed by Naina Kapur in 1992. She was a lawyer who had
attended Bhanwari Devi’s criminal trials. Her decision to file a PIL  in Supreme Court
challenged the sexual harassment in the workplace. It was filed against the State of Rajasthan,
its Women & Child Welfare Department, Department of Social Welfare, and the Union of
India.

The judgement later came to be known as Vishakha judgement and it recognized sexual
harassment as a criminal offence. Many important guidelines were then released and many
women’s rights also saw the light of the day after this judgement. It was definitely one of the
most iconic PILs ever filed.

As part of a governmental campaign against child marriage, Bhanwari Devi attempted to stop
the marriage of a one year-old girl in rural Rajasthan. Members of the local community
retaliated first by harassing Bhanwari Devi with threats and imposing a socioeconomic
boycott on her family. Then, on September 22, 1992, five men raped Bhanwari Devi.

Bhanwari Devi faced numerous obstacles when she attempted to seek justice. Frustrated by
the criminal justice system’s inability to provide tangible remedies, restore the dignity of the
victim, Naina Kapur, a lawyer who had attended Bhanwari Devi’s criminal trial, decided to
initiate a PIL case action in the Supreme Court to challenge sexual harassment in the
workplace. The Vishaka writ petition was filed in 1992 in the names of five NGOs against
the State of Rajasthan, its Women and Child Welfare Department, its Department of Social
Welfare, and the Union of India.
The Vishaka judgment recognized sexual harassment as “a clear violation” of the
fundamental constitutional rights to equality, nondiscrimination, life, and liberty, as well as
the right to carry out any occupation. The guidelines, directed toward employers, included a
definition of sexual harassment, a list of steps for harassment prevention, and a description of
complaint procedures to be “strictly observed in all work places for the preservation and
enforcement of the right to gender equality.”

It has promoted greater enforcement of women’s rights and broader application of

international law at the high court level. The case has thus been described as “path breaking,”
“one of the most powerful legacies” of PIL case, and a “trendsetter” that “created a
revolution.”

FREE LEGAL AID

India is a nation where the majority of its population is

underprivileged, and many of them come under the BPL. As many
as 23.6% of the total population of India is living below the purchasing
power parity(PPP). World Bank in 2011 released this data based on
2005’s PPPs International Comparison Program.

Therefore, for such people, it gets impossible to fight for their rights
and stand on an equal footing with their counterparts in the courtroom.
This is against the Right to Equality that enshrined in the Constitution.
Thereby, to overcome such hurdles and to achieve the social justice
goals the legislature enacted the Legal Services Authorities Act,
1987.

‘Free Legal Aid’- Meaning

Free Legal Aid means providing free legal services to the needy and
poor who because of his financial status is unable to afford the
services of a lawyer to conduct legal proceedings or a case in the
court of law, tribunal, and forum or before any other authority.

History of Free Legal Aid

The movement for free legal Aid emerged in France in the year
1851 by the introduction of several enactments for providing legal
assistance to the needy section of the society.

Later, in Britain, in 1944 the State provided for the free legal aid for
the underprivileged section. Rushcliffe Committee was appointed by
the then Lord Chancellor, Viscount Simon for enquiring the
prevailing position of proving legal aid to the poor people of England
and Wales. The Committee also provided a recommendation to
improve the facility for these people.

In India, the right to free legal aid was put forward and underlined in
broad words in the 14th Law Commission Report. Again, in 1969 the
right was given emphasis by the Law Commission and should be
available before Court of Session in all trails.
Constitutional provisions promoting Free Legal Aid
Article 39-A of the Constitution provides for equal justice and free
legal aid. Therefore, this article under the Constitution lays down the
founding stone for the enactment of the Legal Services Authorities
Act, 1987. The main motive was to provide a free legal service to the
poor section of the society. Thereby, the Government also appointed
the “Committee for Implementation Legal Aid Schemes”
(CILAS). The committee was chaired by Justice P.N. Bhagwati to
monitor and implement Legal Aid Programmes which could be applied
to the country. Legal Aid Boards were set-ups in various States and
UTs.

The Right to Free Legal Aid along with the Right to Speedy Justice
and trial was recognized to be the part of Article 21.

“…This right to free legal aid is the duty of the government and is an
implicit aspect of Article 21 in ensuring fairness and reasonableness;
this cannot be termed as government charity”, said Justice Krishna
Iyer.”[1]

Article 22 provides for the protection against arrest and detention in

certain cases. It follows that any person who is detained in custody
without being informed shall not be denied the right to consult and be
defended by a legal practitioner of his choice.
Authorities that are constituted under the LSA, 1987

 National Legal Service Authority (NALSA) – It is the apex body formed by the
Central Government under the LSA, 1987. Its primary function is to enact policies
for the economic classes for providing legal services. It also provides funds to
NGOs and other State Authorities.
 State Legal Service Authorities- It works under NALSA and works according to
the policies implemented by NALSA.
 District Legal Service Authorities- They are provided work by delegation
through the State Legal Service Authorities. They also conduct Lok Adalats.
  Supreme Court Legal Service Committee- It performs the functions provided
by the State.
 HC Legal Service Committee- Consequently, It performs the functions
prescribed by the State Government.
 Taluk Legal Service Committee- It performs functions provided by the District
Authority, conduct Lok Adalats.

Eligibility for Free Legal Aid

It is provided under Section 12 of the LSA, 1987 and is as follows-
 Should be a member of the SC/ST category.
 Woman or a child
 Person with a disability as per S. 2(i) Persons With Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995.
 Victim of trafficking in human beings or beggar as referred to under article 23.
 A person under circumstances of undeserved want such as being a victim of a
mass disaster, ethnic, violence, caste atrocity, flood, drought, earthquake or
industrial disaster;
 an industrial workman;
 a person in custody, including custody in a protective home (Section 2(g) of the
Immoral Traffic (Prevention) Act, 1956), or in a juvenile home (Section 2 (j) of
the Juvenile Justice Act, 1986), or in a psychiatric hospital or psychiatric nursing
home (Section 2(g) of the Mental Health Act, 1987);
 A person who receives an 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.

Note: If any Fraud or Misrepresentation is conducted to get the relief

of the Act. After that, the service may be withdrawn at any time, and
the person is liable for facing legal sanctions.
How Free Legal Aid is received

 NGOs– There are many NGOs that work for the upliftment of the economically
weaker section and provide free legal aid.
 Legal Aid Clinics in NLUs- Section 4(k) of the LSA makes it mandatory to set up
a free legal aid clinic in law colleges/universities.
 Pro Bono Cases– Corporate Responsible is extended to provide free legal aid,
especially in reputed firms.
 Legal Aid Clinics– They are established in villages depending upon their size
and population by the District Authorities.

Read Also: 5 Best ways for a lawyer to engage with clients

Conclusion
Many people in India exercise their right and avail free legal aid. A
large portion of such citizens is even unaware of their rights and
duties. Therefore, people should be made told about their rights
through proper means. Many people are also unaware of the legal aid
clinics that are currently set-up in cities and states. This should be
made more flexible and known so that more citizens approach and
avail of the services.

[1] M.H. Hoskot v. the State of Maharashtra (1978) SC 1548.

Legal Services Authorities Act, 1987

The Legal Services Authorities Act 1987 was enacted by the
parliament in the 38th year of the Republic of India in 1987 but it
came into force on 9th November 1995. It was introduced as a
result of a recommendation made in the 14th report of the law
commission of India. In 1960, the central government introduced
a legal aid scheme but was scrapped later due to financial dearth.
But in 1973, the government introduced its second phase by
forming a committee under Justice V.R. Krishna Iyer for
developing legal aid schemes for every state. The committee
worked in a decentralised manner and formed a committee under
the leadership of Justice P.N. Bhagawathi to implement the
legal aid scheme. They suggested legal aid schemes for every
district, state and centre.

Important Provisions Under  Legal Services

Authorities Act, 1987
The main core of the Legal Services Authorities Act 1987 is the
hierarchical legal service institutions in the district, state and
centre, criteria for providing legal aid, Lok Adalat and free legal
aid. The hierarchical legal service system in India exists at three
levels. They are:

1. National Legal Service Authority(NALSA) and Supreme Court

Legal Services Committee (SCLSC)
 2. State Legal Service Authority (SLSA) and the High Court
Legal Services Committee (HCLSC)
3. District Legal Services Authority(DLSA)
1. National Legal Services Authority

NALSA has been constituted under Section 4 of the Legal Services

Authorities Act 1987 to ensure free legal aid to every citizen in
the society. It is a body constituted by the central government.
NALSA is currently housed at 12/11, jam Nagar house, New
Delhi-110011. The chief justice of India serves as the patron–in–
chief.  A serving or retired judge of the supreme court of India
serves as executive chairman. They are nominated by the
president in consultation with the chief justice of India. The
central authority constitutes to form a committee called the
Supreme Court legal services committee.  NALSA ensures that
justice is equally distributed among the citizens and justice isn’t
denied based on economic or other factors. The major functions
of NALSA are:

1. It organises legal aid camps by giving more focus on slums,

rural areas and labour colonies. It helps in providing education to
the people living in such areas regarding their rights and
necessities. They also set up Lok Adalat to settle disputes.

2. It focuses on establishing legal service clinics in law colleges,

universities etc.

3. They settle disputes via arbitration, negotiation and

conciliation.

4. They provide grant aid to social service institutions that work

at the grassroots level for the welfare of socially marginalised
communities.

5. It also promotes research activities for improving legal services

for the poor.

6. It ensures commitment to the fundamental duties of the

citizens.
7. For ensuring that the schemes and programmes are
implemented properly they tend to monitor and evaluate the
action taken for the legal aid problems at specific periodical
intervals.

8. They laid down policies and schemes for making the legal
services available.

9. It frames the most effective and economical schemes for

making legal services available.

10. It handles financial matters and allocates funds to respective

state and district legal services authorities.

2. State Legal Services Authority

Every state has a state legal service authority to provide legal

services to people who have no access to the same.  It comes
under section 6 of the Legal Services Authorities Act 1987. It
undertakes preventive and strategic legal aid programmes. They
also conduct Lok Adalat to resolve their problems. Their main
task is to work according to the direction of NALSA regarding the
implementation of policies and schemes. The chief justices of the
high court serve as patron-in-chief. A retired or serving judge of
the high court serves as its executive chairman. the committee
formed by the state authority is called as high court legal service
committee. It consists of a chairman (sitting high court judge)
and a secretary nominated by the chief justice of the high court.

3. District Legal Service Authority

It comes under Section 9 of the Legal Services Authorities Act

1987. It ensures that the legal aid programmes are implemented
in every district effectively. They conduct Lok Adalat at the
district level. The district judge serves as its ex-officio chairman.
It coordinates the activities at the taluk legal service committee.
4. Criteria For Giving Legal Services

It comes under Section 12 of the Legal Services Authorities Act

1987. The criteria for giving legal services are:

1. The person should have an annual income of fewer than

nine thousand rupees according to the state government
and twelve thousand rupees according to the central
government.
2. Victims of ethnic violence, mass disaster and natural
calamities.
3. People are under custody especially in protective homes like
juvenile homes.
4. People with disabilities
5. Women and children
6. People belonging to scheduled caste and scheduled tribe.
7. Victims of human trafficking or beggars.

5. Lok Adalat

The organisation of Lok Adalat comes under Section 19 of the

Legal Services Authorities Act 1987. All central, state and district
legal service authority conducts Lok Adalat. It acts as
an Alternative dispute resolution system. It was under the Legal
Services Authorities Act 1987 it received its statutory status.
They settle cases which are pending or the cases that haven’t
been brought before any court of law. It constitutes judicial
officers or people under central, state and district legal service
authority. After the conciliation of cases and getting consent from
the parties, the award is passed by conciliators according to
Section 21 of the Legal Services Authorities Act 1987.  And it is
deemed as a decree of civil court.

Functioning of Lok Adalat:

1. The members of Lok Adalat should deal with the parties

fairly and impartially.
 2. The cases that are pending in the court are dealt with in Lok
Adalat. If the dispute is settled in the Lok Adalat, the court
fee paid in the court on the petition will be received back
3. There is no need to pay a fee to the court when a dispute is
filed in a Lok Adalat.
Types of cases at Lok Adalat:

1. Family disputes
2. Mutation of land cases
3. Compoundable criminal offence
4. Encroachment on forest lands
5. Land acquisition disputes
6. Motor accident claim
7. Cases which are not sub-judice.
Types of Lok Adalat:

1. National level Lok Adalat: it is held at regular intervals

throughout the country at the Supreme Court to taluk levels
wherein cases are disposed of in huge numbers. It started in
2015 and is being held on a specific subject matter every month.

2. Permanent Lok Adalat: it is organised under section 22B of

the Legal Services Authorities Act 1987. It provides a compulsory
pre-litigation mechanism to settle disputes related to public utility
services like transport, telegraph, postal etc.

3. Mobile Lok Adalat: under this system, it travels from one

place to other to settle disputes. As of 30th September 2015, more
than 15.14 lakhs Lok Adalat have been conducted in the country
and over 8.25 crore cases have been settled so far.

4. Mega Lok Adalat: this mechanism is held on a single day on

the state level in all courts of the state.

5. Daily Lok Adalat: it is held every single day.

6. Continuous Lok Adalat: it is conducted for a particular

number of days continuously.
6. Free Legal Aid

Article 39A of the constitution states that: “the state shall secure
that the operation of the legal system promotes justice based on
an 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 because of economic or other disabilities”. Article 14
and Article 22(1) also promotes the state to ensure equality
before the law. Free legal aid strengthens the idea of the
constitution to see every individual be equal and to provide
necessary legal services to the poor and vulnerable group.

Provisions under free legal aid are:

1. Advice on any legal matter.

2. Payment of all charges in connection with legal proceedings.
3. Providing a lawyer to carry out legal proceedings.
4. Procurement of certified copies of legal documents.
5. Preparation, printing and translation of legal documents.

Conclusion
As we all know that our Indian constitution put forward the idea
of equality. The essence of democracy is that every individual is
equal in the eyes of law. Just like that every citizen irrespective of
economic status, caste, creed, gender, sex and other social
conditions have the right to receive equal access to law and equal
opportunities to receive legal services. To satisfy these
necessities our government had set up the Legal Services
Authorities Act 1987. It also ensures the promotion of justice
based on equal opportunity.
 LEGAL LITERACY

I. LEGAL LITERACY
Legal literacy is commonly understood as knowing the primary level in law.
When citizens who are particularly marginalized or underprivileged groups,
know what the law has to offer them, they can recognise and challenge
injustices. The first initiative towards knowledge of the law, which can
modify people’s lives, is legal literacy. CHRI firmly believes that it is
required to use this education as a tool for endangered ground to
understand the critique of law, to familiarise themselves with the purview
of their rights under the law, and eventually to claim their rights as a means
to bring change in the society.
II. NATIONAL LEGAL LITERACY MISSION
Prime Minister Dr. Manmohan Singh launched the first National Legal
Literacy Mission in India on 6 March. NALSA along with other Legal
Services Institutions gurantee various awareness activities to make people
aware of their rights and functioning of the legal services institutions. A
range of tools are used to achieve the aim of conducting seminars, lectures;
distribution of pamphlets; participation in programmes, etc; multi-utility
vans for spreading awareness; nukkad nataks; cultural programmes by
school children on legal issues; various competitions like painting, essay
writing, debates etc. on legal issues. Delhi State Legal Service Authority
erstwhile Delhi Legal Aid & Advice Board has been constituted y an Act of
Parliament passed under “The Legal Services Authorities (Amendment)
Act, 2002, to provide free and competent legal service to the weaker
sections of the society to ensure the securing justice and not be separated to
any citizen by reason of economic or other disabilities, and to organize Lok
Adalats to secure the operation of the legal system promotes justice.
This mission aimed at educating minority communities especially
downtrodden citizens and women, through awareness and free legal aid.
This mission was established to make people understand laws and
judgements.[3]
(A) Objects
The objectives of the State Legal Services Authority for legal literacy camp
are as follows :-
(i) to formulate guidelines for contents of legal literacy.
(ii) to consider the use of visuals in legal literacy materials with a view to
supporting or illustrating the legal concepts.
(v) to organise the Legal Literacy Camps known in rural areas as well as in
urban areas.
(vi) to provide the information about all schemes formulated by State
Government as well as Central Government.
To strengthen the weaker section of the society including Scheduled Tribes,
Scheduled Castes, Backward Classes, Agriculturists and Labourers, which
are made for protection of their interests.
III. NEED FOR LEGAL LITERACY
Legal literacy is commonly understood as knowing the primary level in law.
Need of the legal literacy is accentuated because of the following reasons,
(A) Women Empowerment
Taking into consideration the present condition, the issues like
empowerment of women and their rights which they can avail to fight
injustices, becomes a dream in the absence of legal literacy. It is quite
obvious that women’s poverty had its relation to the absence of economic
opportunities, economic resources, land ownership and inheritance, access
to education and their minimal participation in the decision-making
process.
(B) Understanding the Scope of Rights and their Violations
Legal literacy is essential because it can be used as a tool by vulnerable
groups to understand and evaluate the law, and get their rights enforced by
taking action. Knowing their rights, the people can challenge violations if
need to.
It is already mentioned in the Article 39A of the Constitution of India in
which the State has to provide free legal aid with the aid of suitable
legislation or schemes.
(C) Transparency and Accountability
Literacy opens the gate for a transparent and accountable Government. It is
basically the awareness about rights, governance. In this regard, the
contributions made by NGOs , Multiple Action Research Group (MARG), is
acclaimed. The projects like Harshingar project and project of Building
legal capacity in Savda Ghevra, Delhi, it has played Ian important tant role
in achieving the objective of legal literacy.
(D) Empowering the Poor
The legal system of any nation has a big contribution in empowerment of its
poor’s. The object of empowerment cannot be fulfilled unless, the poor’s
and under privileged are made aware of their rights. The United Nations
Development Programme (UNDP) hosted the Commission on Legal
Empowerment of the Poor. The Commission realised that, lack of
understanding of legal rights serves as a hurdle to the justice for the poor.