Beruflich Dokumente
Kultur Dokumente
Faculty of Law
Lucknow
Enrollment no.:1700102490
Name :Mohd. Taiyab
Course:LL.B.
Year/sem.:2nd year/4TH sem.
Submitted to:
Dr. Sadaf Khan
(Asst. Prof.)
Faculty of Law
Integral university
REFRENCE
I would like to express my Thanks of gratitude to My Teacher Dr.
Sadaf Khan Madam As well as our Hod sir Dr.naseem Ahmad Sir and
All The faculty Of law who gave me the golden opportunity to do
this wonderful Presentation on the topic of NATIONAL LEGAL
SERVICE AUTHORITY (NALSA) which also help me to in doing a lots
of research and I came to know To new things and proceeding
I am Really thankful to them
secondly I would like to thanks to my parents and friends who
helped me a lot in finishing my presentation work on limited
timeat last but not the least I am making this presentation not
only for marks but to also increase my knowledge
What is NALSA
National Legal Services Authority of India (NALSA) was formed on 9th November 1995 under
the authority of the Legal Services Authorities Act 1987. Its purpose is to provide free legal
services to eligible candidates (defined in Sec. 12 of the Act), and to organize Lok Adalats for
speedy resolution of cases. The Chief Justice of India is patron-in-chief of NALSA while second
senior most judge of Supreme Court of India is the Executive-Chairman. There is a provision for
similar mechanism at state and district level also headed by Chief Justice of High Courts and
Chief Judges of District courts respectively The prime objective of NALSA is speedy disposal of
cases and reducing the burden of judiciary
INTRODUCTION OF NALSA
The National Legal Services Authority (NALSA) has been constituted under the Legal Services
Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society. The
Chief Justice of India is the Patron-in-Chief and the Senior most Hon'ble Judge, Supreme Court
of India is the Executive Chairman of the Authority. Presently, NALSA is housed at 12/11, Jam
Nagar House, New Delhi-110011.
Public awareness, equal opportunity and deliverable justice are the cornerstones on which the
edifice of NALSA is based. The principal objective of NALSA is to provide free and competent
legal services to the weaker sections of the society and to ensure that opportunities for securing
justice are not denied to any citizen by reason of economic or other disabilities, and to organize
Lok Adalats for amicable settlement of disputes. Apart from the abovementioned, functions of
NALSA include spreading legal literacy and awareness, undertaking social justice litigations etc.
Towards fulfilling the Preamble promise of securing to all the citizens, Justice – social, economic
and political, Article 39 A of the Constitution of India provides for free legal aid to the poor and
weaker sections of the society, to promote justice on the basis of equal opportunity. Articles 14
and 22(1) of the Constitution also make it obligatory for the State to ensure equality before law.
In 1987, the Legal Services Authorities Act was enacted by the Parliament, which came into
force on 9th November, 1995 to establish a nationwide uniform network for providing free and
competent legal services to the weaker sections of the society. With the aim of reaching out to
the diverse milieu of people belonging to different socio-economic, cultural and political
backgrounds, NALSA identifies specific categories of the marginalized and excluded groups
from the diverse populace of the country and formulates various schemes for the implementation
of preventive and strategic legal service programmes to be undertaken and implemented by the
Legal Services Authorities at the various levels. In carrying out all these responsibilities,
NALSA works in close coordination with the various State Legal Services Authorities, District
Legal Services Authorities and other agencies for a regular exchange of relevant information,
monitoring and updating on the implementation and progress of the various schemes in vogue
and fostering a strategic and coordinated approach to ensure smooth and streamlined functioning
of the various agencies and stakeholders.
Our Vision:
To promote an inclusive legal system in order to ensure fair and meaningful justice to the
marginalized and disadvantaged sector.
Our Mission:
To legally empower the marginalized and excluded groups of the society by providing effective
legal representation, legal literacy and awareness and bridging the gap between the legally
available benefits and the entitled beneficiaries.
To strengthen the system of Lok Adalats and other Alternate Dispute Resolution mechanisms in
order to provide for informal, quick, inexpensive and effective resolution of disputes and
minimize the load of adjudication on the overburdened judiciary.
ORGANIZATIONAL STRUCTURE
NALSA along with other Legal Services Institutions conducts Lok Adalats. Lok Adalat is one of
the alternative dispute redressal mechanisms, it is a forum where disputes/cases pending in the
court of law or at pre-litigation stage are settled/ compromised amicably. Lok Adalats have been
given statutory status under the Legal Services Authorities Act, 1987. Under the said Act, the
award (decision) made by the Lok Adalats is deemed to be a decree of a civil court and is final
and binding on all parties and no appeal against such an award lies before any court of law. If the
parties are not satisfied with the award of the Lok Adalat though there is no provision for an
appeal against such an award, but they are free to initiate litigation by approaching the court of
appropriate jurisdiction by filing a case by following the required procedure, in exercise of their
(b) A serving or retired Judge of the Supreme Court to be nominated by the President, in
consultation with the Chief Justice of India, who shall be the Executive Chairman; and
(c) Such number of other members, possessing such experience and qualifications, as may be
prescribed by the Central Government, to be nominated by that government in consultation with
the Chief Justice of India.
(3) The Central Government shall in consultation with the Chief Justice of India, appoint a
person to be the Member-Secretary of the Central Authority, possessing such experience and
qualifications as may be prescribed by that Government, to exercise such powers and perform
such duties under the Executive Chairman of the Central Authority as may be prescribed by that
Government or as may be assigned to him by the Executive Chairman of that Authority.
(4) The terms of office and other conditions relating thereto, of Members and the Member-
Secretary of the Central Authority shall be such as may be prescribed by the Central Government
in consultation with the Chief Justice of India.
(5) The Central Authority may appoint such number of officers and other employees as may be
prescribed by the Central Government in consultation with the Chief Justice of India, for the
efficient discharge of its functions under this Act.
(6) The officers and other employees of the Central Authority shall be entitled to such salary and
allowances and shall be subject to such other conditions of service as may be prescribed by the
Central Government in consultation with the Chief Justice of India.
(7) The administrative expenses of the Central Authority, including the salaries, allowances and
pensions payable to the Member-Secretary, officers and other employees of the Central
Authority, shall be defrayed out of the Consolidated Fund of India.
(8) All orders and decisions of the Central Authority shall be authenticated by the Member
Secretary or any other officer of the Central Authority duly authorised by the Executive
Chairman of that Authority
.
(9) No act or proceeding of the Central Authority shall be invalid merely on the ground of the
existence of any vacancy in or any defect in the constitution of the Central Authority.
officer and any one or both of either a member from the legal profession; and/or a social worker
engaged in the upliftment of the weaker sections and interested in the implementation of legal
services schemes or programmes or a person engaged in para-legal activities of the area,
preferably a woman.
(b) Frame the most effective and economical schemes for the purpose of making legal services
available under the provisions of this Act.
(c) Utilise the funds at its disposal and make appropriate allocations of funds to the State
Authorities and District Authorities;
(d) Take necessary steps by way of social justice litigation with regard to consumer protection,
environmental protection or any other matter of special concern to the weaker sections of the
society and for this purpose, give training to social workers in legal skills.
(e) Organise legal aid camps, especially in rural areas, slums or labour colonies with the dual
purpose of educating the weaker sections of the society as to their rights as well as encouraging
the settlement of disputes through Lok Adalats.
(f) Encourage the settlement of disputes by way of negotiations, arbitration and conciliation.
(g) Undertake and promote research in the filed of legal services with special reference to the
need for such services among the poor.
(h) To do all things necessary for the purpose of ensuring commitment to the fundamental duties
of citizens under Part IVA of the Constitution.
(i) Monitor and evaluate implementation of the legal aid programmes at periodic intervals and
provide for independent evaluation of programmes and schemes implemented in whole or in part
by funds provided under this Act.
(j) Provide grants-in-aid for specific schemes to various voluntary social service institutions and
the State and District Authorities, from out of the amounts placed at its disposal for the
implementation of legal services schemes under the provisions of this Act.
(k) Develop, in consultation with the Bar Council of India, programmes for clinical legal education
and promote guidance and supervise the establishment and working of legal services clinics in
universities, law colleges and other institutions.
(l) Take appropriate measures for spreading legal literacy and legal awareness amongst the
people and, in particular, to educate weaker sections of the society about the rights, benefits and
privileges guaranteed by social welfare legislations and other enactments as well as administrative
programmes and measures.
(m) Make special efforts to enlist the support of voluntary social welfare institutions working at the
grass-root level, particularly among the Scheduled Castes and the Scheduled Tribes, women and
rural and urban labour; and
5. Central Authroity to work in coordination with other agencies .- In the discharge of its functions
under this act, the Central Authority shall, wherever appropriate, act in coordinatin with other
governmental and non-governmental agencies, universities and others engaged in the work of
promoting the cause of legal services to the poor.
Born on 24.04.1956 at Nagpur, Maharashtra, son of Shri Arvind Shriniwas Bobde. Took
B.A. and LL.B. Degrees from Nagpur University. Enrolled on the Roll of the Bar Council of
Maharashtra in 1978. Practiced Law at the Nagpur Bench of the Bombay High Court with
appearances at Bombay before the Principal Seat and before the Hon’ble Supreme Court of
India for over 21 years. Designated as Senior Advocate in 1998.
Elevated to the Bench of the Bombay High Court on 29th March, 2000, as Additional Judge.
Sworn in as Chief Justice of Madhya Pradesh High Court on 16th October, 2012.
Elevated as a Judge of Supreme Court of India on 12th April, 2013.
Due to retire on 23rd April, 2021 (F/N).
Ex-Officio
1 Secretary, Department of Justice, Ministry of Law and Justice N.A.
Member
Ex-Officio
2 Secretary, Department of Expenditure, Ministry of Finance N.A.
Member
12-10-
3 Shri P.S.Narasimha Sr. Advocate, Supreme Court of India 13-10-2017
2019
Hon’ble Mr. Justice Mohammad Rafiq, Judge, Rajasthan High Court 28-02-
4 01-03-2019
& Executive Chairman, Rajasthna State Legal Service Authority 2021
Hon’ble Mr. Justice D.N. Patel, Judge, High Court of Jharkhand and 04-04-
5 05-04-2018
Executive Chairman, Jharkhand State Legal Service Authority 2020
Hon’ble Ms. Justice Gita Mittal, Chief Justice of Jammu & Kashmir 04-04-
6 05-04-2018
High Court 2020
04-04-
7 Mr. Sriram Panchu, Senior Advocate, Madras High Court 05-04-2018
2020
04-04-
8 Hon’ble Mr. Justice Ali Mohd. Magrey, Judge, J & K High Court 05-04-2018
2020
04-04-
9 Hon’ble Ms. Justice Rekha Sharma, Former Judge, Delhi High Court 05-04-2018
2020
Prof. Ajay Pandey, Jindal Global Law School, O.P. Jindal Global 04-04-
10 05-04-2018
University, Sonipat, Haryana 2020
28-02-
11 Shri Vijay Hansaria, Senior Advocate, Supreme Court of India 01-03-2019
2021
04-04-
12 Padma Bhushan Shri D.R. Mehta, Social Activist, IAS(Retd.) 05-04-2018
2020
LEGAL AID
LEGAL AWARNESS/LITERACY
LOK ADALAT
MEDIATION
SOCIAL ACTION LITIGATION
LEGAL AID
Legal aid is the provision of assistance to people who are unable to afford legal representation
and access to the court system. Legal aid is regarded as central in providing access to justice by
ensuring equality before the law, the right to counsel and the right to a fair trial. This article
describes the development of legal aid and its principles, primarily as known in Europe,
the Commonwealth of Nations and the United States.
A number of delivery models for legal aid have emerged, including duty lawyers,
community legal clinics and the payment of lawyers to deal with cases for individuals who are
entitled to legal aid.
The national legal service authority is the apex body which reviews all the statelegal service
authorities. ... Legal Aid implies giving free legal services to the poor and needy who cannot
afford the services of a lawyer for the conduct of a case or a legal proceeding in any court,
tribunal or before an authority.
Legal aid is essential to guaranteeing equal access to justice for all, as provided for by Article 6.3
of the European Convention on Human Rights regarding criminal law cases. Especially for
citizens who do not have sufficient financial means, the provision of legal aid to clients by
governments will increase the likelihood, within court proceedings, of being assisted by legal
professionals for free (or at a lower cost) or of receiving financial aid
Legal aid has a close relationship with the welfare state, and the provision of legal aid by a state
is influenced by attitudes towards welfare. Legal aid is a welfare provision by the state to people
who could otherwise not afford counsel from the legal system. Legal aid also helps to ensure that
welfare provisions are enforced by providing people entitled to welfare provisions, such as social
housing, with access to legal advice and the courts.
Historically, legal aid has played a strong role in ensuring respect for economic, social and
cultural rights which are engaged in relation to social security, housing, social care, health and
education service provision, which may be provided publicly or privately, as well as employment
law and anti-discrimination legislation. Jurists such as Mauro Cappelletti argue that legal aid is
essential in providing individuals with access to justice, by allowing the individual legal
enforcement of economic, social and cultural rights
In the 1950s and 1960s, the role of the welfare state changed, and social goals were no longer
assumed to be common goals. Individuals were free to pursue their own goals. The welfare state
in this time expanded, along with legal aid provisions, as concerns emerged over the power of
welfare providers and professionals. In the 1960s and 1970s, demand rose for the right of
individuals to legally enforce economic, social and cultural rights and the welfare provisions they
as individuals were entitled to. Mechanisms emerged through which citizens could legally
enforce their economic, social and cultural rights, and welfare lawyers used legal aid to advise
those on low income when dealing with state officials. Legal aid was extended from family law
to a wide range of economic, social and cultural right
Article 39A of the Constitution of India, provides for equal justice and free legal aid:
The State shall secure that the operation of the legal system promotes justice, on a basis of 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 by
reason of economic or other disabilities.
This Article emphasises that free legal service is an inalienable element of 'reasonable, fair and
just' procedure, for without it a person suffering from economic or other disabilities would be
deprived of the opportunity for securing justice.
In the civil side, Order XXXIII. R.18 of the Code of Civil Procedure 1908 provided that the state
and central governments may make supplementary provisions as it thinks fit for providing free
legal services to those who have been permitted to sue as an indigent person. The Legal Services
Authorities Act, 1987 made drastic changes in the field of legal services. It is an Act to constitute
legal services authorities to provide free and competent legal services to the weaker sections of
the society to ensure that opportunities for securing justice are not denied to any citizen by
reason of economic or other disabilities, and to organize Lok Adalats to secure that the operation
of the legal system promotes justice on a basis of equal opportunity
India is a developing country. The development in the industrial sector is very much appreciable,
but still this progress in the field of industrialization, marketing, finance, etc. cannot hide the
indispensable drawbacks of our society like population explosion and illiteracy. These
drawbacks, coupled with environmental and social hinges results in increase in poverty and lack
of food for people.
It is true that the country is going through the phase of development but all the fruits of this tree
are being en- cashed by those who stay in the upper half of the society. The poor resides in their
own world of DARKNESS.
But those who are still neglected are the main foundation of the society that is to be remembered.
So misusing their ignorance and encashing the fruits for the benefit of the upper half of our
society are not at all good for the future of the country.
The society is divided into two parts, according to financial standard, namely HAVES and the
HAVE NOTS. In our country with 100 million people, only a little part of the population comes
within the purview of the HAVES, whereas, the Lion';s share is the HAVE NOTS.
The HAVE NOTS as well as the HAVES both looks for earning their livelihood, looking for the
benefit of their family, giving a good future to the next generation, some are successful to it,
some are not.
In this ways both categories of people spend most of their lives overlooking a lot of facts,
intentionally or unintentionally, that a lot of wrongs are being done against them. Other people,
or the Government or whoever may be is infringing their rights. But the wronged ones are not
very eager to protest against the wrong doer. Even some times they are not knowledgeable
enough that a wrong is being done against them.
the scope of Article 21 with that of Article 39A, Justice Bhagwati has been of the view that no
trial shall be reasonable, fair and just if a person has no legal representative, owing to his lack of
capability to afford one.The state cannot plead financial or administrative incapability as a reason
to not provide free legal aid to the accused.It is the constitutional obligation of the state to
provide free legal aid to the accused not only during the trial but also when he is first produced
before the magistrate and whenever he is remanded
In the year 1987, to give a uniform statutory framework to the legal aid schemes in
India the Legal Services Authorities Act (hereinafter LSA Act) was formulated.
After going through amendments in 1994, it was enforced on 9th November 1995.
Various bodies working for free legal aid schemes are established in India by virtue of the LSA
Act:
National Legal Services Authorities (NALSA): NALSA is the apex body constituted under the
LSA Act by the Central Government. It lays down necessary policies and principles to
make legal services available, as provided for under the provisions of the LSA Act. It also has a
duty to make most effective and economical schemes for legal services and to grant funds to
State Legal Services Authorities and NGOs for implementing legal aid programmes and
schemes.
and other Scheduled Tribes should be presumed to be prima facie cost. The presumption may,
however, be resulted by the tangible evidence in which case the legal aid should be refused. In
either case as far as means test is concerned a certificate from the Local Executive Officer of the
rank of a Deputy Collector or Backward Classes Officer should be a sufficient proof on his
eligibility to the grant of legal aid. The Committee also stated that legal aid should be given not
only to the plaintiff or the petitioner or complainant, but also to the defendant, respondent or
accused in all courts with respect to the tests i.e., means test and prima facie case test. In addition
to these, certain other tests and safeguards were also prescribed by the Committee. It stated that
the administration of the scheme of legal aid should be in the hands of Legal Aid Committees
formed for specific areas all over the State.
Legal service in its literal sense means help, assistance, or free service in the field of law.
Previously the word legal- aid was used in place of legal- service but the Apex Court of India has
time and again asserted that legal aid is not a charity but a paramount duty of a welfare State.
Now legal assistance from State can be claimed as a matter of right, therefore, the word legal
service is being used in place of legal-aid
CONCLUSION
Not everyone has the financial capability to afford expenses incurred in legal procedures. It is not
justified if justice is compromised due to the differences of ‘rich and poor’. As rightly said by
“the concept of seeking justice cannot be equated with the value of MONEY. Money plays no
role in seeking justice”. Free legal advice, therefore, is a stepping stone for those who need
justice but cannot afford to bear the costs involved.
In the previous days we conducted a free legal aid camp in the rural areas of lucknow where
I got that many people are not aware about of there fundamentals rights and they are not capable
to fight for their rights
Many womens are facing for freedom they are npot free for to do anything
While making this reports I get to learn that we have to fights for justice and we all have to fights
for the development of the society the basic things which are comes out towards my research is
all about education the womens are not free to go anywhere while our camping i see that many
womens of the family are being stricted by there male family member to go outside the home