Motto of the Legal Services Act Free legal aid is essential to the administration of justice. Under the Legal Services Authorities Act 1987, legal services authorities were established to ensure justice for all, regardless of financial or other obstacles under the law, and to achieve this objective, Lok-Adalat was established. [11] Under the motto „Access to Justice for All,“ judicial authorities have the capacity to reform the current environment in India, which consists of poor and vulnerable layers who are discriminated against and deprived of their rights. Therefore, one of the objectives of this decree is to ensure access to justice for all through the traditional Lok-Adalat process. · The permanent Lok-Adalat deals with public services. Important provisions of the Law on Legal Services Authorities[26] Following the entry into force of the Legal Services Authorities Act 1987, the Legal Aid Implementation Committee (CILAS) no longer exists and legal aid matters are now regulated by law. [27] Chapter IV of the Act deals with criteria and entitlement to legal services. Articles 12 and 13 deal with the criteria for the provision of legal services and the right to such services. [28] Recently, in connection with the escalating population, the number of case registrations has also increased rapidly, which is of great concern to the judicial administration and is also presented as one of the greatest challenges for the Indian judicial system. In this context, it is considered that the Lok-Adalat, under Chapter V, which has been specified in Articles 19 to 22 of the Act, are the enabling articles to reach out to the courts in order to reduce the burden on the courts.
[29] [1] Lawyers` Collective, The Right to Legal Aid,1(11-12), 5, (November-December 1986). [2] Id. [3] Needs Assessment Study of Certain Legal Services Authorities, Ministry of Justice, Government of India and UNDP India 2012, Chapter II, paragraph I. [4] Legal Services Authorities Act, 1987 (No. 39 of 1987), (October 2020, 14, 7.33pm), maitri.mahaonline.gov.in/pdf/The_Legal_Services_Authority_Act,_1987.pdf. [5] Richa Kachhwaha, Access to Legal Aid in India: An unfulfilled promise?, Live Law.in, (October 2020, 15, 14:30), www.livelaw.in/access-legal-aid-india-unfulfilled-promise/. [6] See footnote 4. [7] See footnote 5. [8] Ibid. [9] National Legal Services Authority, (Oct.
2020, 14, 15:34), doj.gov.in/sites/default/files/BRIEF-NALSA_0_3.pdf. [10] Rural Reporter, (October 2020, 14, 17:30), ruralreporter.blogspot.com. [11] R. Swaroop, Law Relating to Legal Aid and LokAdalat, 47, (1st ed. Wordsworth Publications, Bangalore. 2003). [12] See footnote 2. [13] Id. [14] Legal Services Authorities Act, 1987 (No. 39 of 1987) (October 2020, 20, 20:00), lawgupshup.com. [15] Kailash Rai, Public Interest Lawyering, Legal Aid and Para-Legal Services, 201, (7th edition, Central Law Publication, 2012). [16] ND, 6(4), NALSA Official Gazette, 89-90 (October 2005).
[17] Ibid. [18] Sugreev v. Sushila AIR 2003 Raj 149, In the Karnataka High Court, the Court concluded that the Legal Services Authorities Act 1987 was enacted to provide free and competent legal services to the weaker sections of society and to organize locomotive adalates. [19] See footnote 10. [20] See footnote 3. [21] Commonwealth Legal Information Institute, (October 2020, 20, 13:12), www.commonlii.org. [22] Ibid. [23] Ibid. [24] Ibid.
[25] See footnote 10. [26] See note 2. [27] Institute of Developing Economies Japan External Trade Organization, IDE-JETRO, (Nov. 2020, 01, 14:00), www.ide.go.jp. [28] Id. [29] Justice T. Mathivanan, Legal Aid Issues, Challenges and Solutions – An Empirical Study (October 2020, 21, 19:27), www.hcmadras.tn.nic.in. [30] Legal Services Authorities Act, 1987 (No.
39 of 1987). [31] See footnote 10. [32] Legal Services Authorities Act, 1987 (No. 39 of 1987). [33] Ibid. [34] Ex-officio members of the Supreme Court Legal Services Committee – · Attorney General of India · Deputy Secretary, Ministry of Legal Affairs, Ministry of Law, Justice and Corporate Affairs, Government of India or its candidate. · Deputy Secretary, Department of Expenditure, Ministry of Finance, Government of India or its representative, and · Registrar General of the Supreme Court of India and appointed members. [35] Legal Services Authorities Act, 1987 (No. 39 of 1987). [36] Supreme Court Bar Association v. Union of India and others.
[37] Legal Services Authorities Act, 1987 (No. 39 of 1987). [38] § 11-A paragraph (2). [39] S. Muralidhar, Law, Poverty and Legal Aid, Criminal Justice, at p. 378 (Lexis Nexis, Butter Worths 2004). [40] § 7, section 1. [41] § 10 paragraph 1. [42] § 40 letter c. [43] Rule 6 of the 1996 Rules of the Legal Services Committee of the Supreme Court.
[44] Ibid. [45] Ibid. [46] Legal Services Boards Act, 1987, paragraph 59 of 1994), (21 November 2020, 21:00), jhalsa.org. [47] Ahmed Pasha v. C. GulnazJabeen AIR 2001 Karnataka 412. [48] Aman Kumar Lalitbhai Parekh v. PritibenAman Kumar Parekh 2000 (2) F.
J. C. C. 356 (Guj), women, as the weakest part of society, are entitled to free legal assistance. When a woman applies to the court, the first and most important position of the court is to inform her that she is entitled to free legal aid and, if she prays on her behalf, the court is obliged to process the application promptly and to provide her with free legal aid or to send it to the competent authority. [49] Ashok Kumar KantilalRathodBhavanaben v. Ashok Kumar Rathod 2001 (2) R.C.R. (Civil) 47 (Guj).
[50] Anar Devi v. Chandra Devi AIR 2005 Rajasthan 270. [51] Legal Services Authorities Act, 1987, §§ 19-20. [52] Swaroop, P., LawRealating to Legal Aid and Lok Adalat, 123, (Wordsworth Publiaction). [53] Legal Services Authorities Act, § 19(1). [54] Each Lok-Adalat organized for a region consists of such a number of: (a) active or retired bailiffs; and (b) other persons in the area as determined by the state or district authority, the Legal Services Committee of the Supreme Court or the Legal Services Committee of the Supreme Court or, as the case may be, by the Taluk Legal Services Committee which organizes this Lok-Adalat.