Alternative Dispute Resolution

Project
ON

Legal aid as a Constitutional Mandate

SUBMITTED TO:

Mr. Sandeep Suman

Faculty, ADR

SUBMITTED BY:

Atul Verma
Roll no. 35

SECTION C

SEMESTER VI, B.A. LLB (HONS.)

SUBMITTED ON:

February 15, 2017

HIDAYATULLAH NATIONAL LAW UNIVERSITY

Uparwara Post, Abhanpur, New Raipur – 493661 (C.G.)

i
Acknowledgements

I feel highly elated to work on the project “Legal aid as a Constitutional Mandate”. The
practical realisation of the project has obligated the assistance of many persons. Firstly I express
my deepest gratitude towards Mr. Sandeep Suman, Faculty - ADR, to provide me with the
opportunity to work on this project. Her able guidance and supervision were of extreme help in
understanding and carrying out the nuances of this project.

I would also like to thank The University and the Vice Chancellor for providing extensive
database resources in the library and for the internet facilities provided by the University.

Some printing errors might have crept in which are deeply regretted. I would be grateful to
receive comments and suggestions to further improve this project.

Atul Verma

Roll No. 35

Section C, Semester VI

ii
Contents

1. Acknowledgements ii
2. Introduction vi
3. Research Methodology viii
3.1 Research Problems viii
3.2 Objectives viii
3.3 Scope of the Study viii
3.4 Methodology viii
3.5 Mode of Citation ix
4. Review of Literature x
5. Concept of Legal Aid 1
6. Legislative history of Legal Aid 4
7. Legal Service Authority Aid 7
8. Constitutional Provisions 10
9. Judicial Decisions 11
10. Conclusion 12
11. Bibliography 13

iii
Introduction:
Legal Aid -

As political philosopher; Charles de Montesquieu said that; "In the state of nature...all men are
born equal, but they cannot continue in this equality. Society makes them lose it, and they
recover it only by the protection of the law." The protection of law to poor, illiterate and weak is
important to ensure equal justice. Legal aid is one of the means to ensure that the opportunities
for securing justice are not denied to any person by reason of poverty, illiteracy, etc.

Legal aid is free legal assistance to the poor and weaker sections of the society with the object to
enable them to exercise the rights given to them by law. Legal aid is required in many forms and
at various stages, for obtaining guidance, for resolving disputes in Courts, tribunals or other
authorities. It has manifold facets. The explosion in population, the vast changes brought about
by scientific, technological and other developments, and the all round enlarged field of human
activity reflected in modern society, and the consequent increase in litigation in Courts and other
forums demand that the service of competent persons with expertise in law is required in many
stages and at different forums or levels and should be made available.

In a democracy, where rule of law is supreme; it is essential to ensure that even the weakest
amongst the weak, poorest among the poor, in the country does not suffer injustice arising out of
any abrasive action on the part of State or private person. As a way forward there is need to
ensure capacity building for legal aid movemement. This requires strengthening the skills of
stakeholders of legal aid; law teachers, lawyers, law students, volunteers such as aaganwadi
workers.

The requirement for legal aid is expressly and impliedly found in the constitution itself. The
express provision of social and economic justice in the preamble and concept of substantive
equality under article fourteen are the primary mandate on the state to provide legal aid to
the needy people. The concept of “liberty” and “life with all human dignity” as expressly
given in article 21 and interpreted by the Supreme Court clearly establishes the mandate of
the legal aid to poor and helpless citizen of this country.

iv
Research Methodology

Objectives:
The objectives of this project are:

1. To understand the concept of legal aid enshrined in the Indian constitution.

2. To find out the flaws of present day legal aid.
3. To analyze the provisions of Indian constitution which deals with Legal aid

Scope of Study:

Due to in-depth scope of the topic the present project attempts to understand the essential role
played by the constitutional provision in ensuring legal aid to the poorest of people.

Methodology:

This research project is descriptive in nature. Accumulation of the information on the topic includes
wide use of sources like books, articles etc. The matter from these sources have been compiled and
analysed to understand the concept.

Websites and dictionary have also been referred to understand things in a better way.

Mode of Citation:

This project follows a uniform Bluebook 19th Ed. Citation format for footnotes and bibliography.

v
Review of Literature:

1. Dr Madabhushi Sridhar, Alternative Dispute Resolution - Negotiation And Mediation

(2015):

This text book Alternative dispute resolution, negotiation and mediation, is a

comprehensive study on different dispute resolution mechanisms, namely mediation,
conciliation and negotiation, that are viable alternatives to the courts. It studies the
evolution of the alternative dispute resolution (adr) methods in india as well as other
countries.

2. Madhusudan S, Universal Law Pub Co, Allahabad, ed. 6 (2013):

vi
Concept of Legal Aid:

Conventionally legal aid has been taken to mean that it is an organized effort of the bar, the
community and the government to provide services of lawyers free, or for a token charge, to
persons who cannot afford to pay lawyer’s fee. However as per the recommendation of the
committee on legal aid, the legal aid means “the right of every indigent and constitutional
obligation of the government”. It is also to mean not only the representation through lawyer at a
state expense in court proceeding but will include legal advice, legal awareness, legal
mobilization, public interest litigation law reform and a variety of strategies and preventive
services which instead of assisting each individual on a case by case basis will help them as a
class to avoid helplessness the arising from poverty and promote equal access to justice. In this
respect Legal aid is a dynamic instrument of “war against poverty.”1

It may not be out of context to quote Amartya Sen when he says that “everything about poverty
is not quite so simple’. It is the ‘entitlement’ and not the development per-se which secures
‘guaranteed minimum’ values of exchange entitlement owing to the social security system”. It
may be argued here that the state through its all the three instruments legislature, executive and
judiciary must secure this ‘minimum guaranteed entitlement’ to each and every citizen of the
nation. The legal aid movement and public interest litigation seek to bring justice to these
forgotten specimens of humanity who constitute the bulk of the citizens of India and who are
really and truly the “People of India,” who gave to themselves this magnificent Constitution. It is
true that there are large arrears pending in the courts but that cannot be any reason for denying
access to justice to the poor and weaker sections of the community. No State has a right to tell its
citizens that because a large number of cases of the rich and the well-to-do are pending in our
courts, we will not help the poor to come to the courts for seeking justice until the staggering
load of cases of people who can afford is disposed off.

1
http://www.lawyersclubindia.com/articles/Constitutional-provisions-of-legal-services-2923.asp#.Vr9Y_LR97IU –
Lawyers Club of India

1
Legislative History of Legal Aid:

The right to assignment of counsel at Government expenses was emphasized in the 14th Law
Commission Report. Thereafter, in 1969, the Law Commission again strongly recommended that
the right of the accused to representation at the cost of Government should be placed on statutory
footing in relation to trials for serious offences and as a first step in this direction, the
Commission proposed that such a right should be available in all trials before the Court of
Session.

In order to achieve the objective enshrined in Article 39-A of the Constitution, Government had,
with the object of providing free legal aid, by a Resolution appointed a Committee for
implementing Legal Aid Scheme to monitor and implement Legal Aid Programmes on a uniform
basis in all States and Union Territories. The said Committee evolved a model scheme which
was accordingly implemented by the Government. But on review, certain deficiencies were
found and it was considered desirable to constitute statutory legal authorities at National, State
and district levels so as to provide effective monitoring of Legal Aid Programmes. For the
disposal of large number of cases expeditiously and without much cost Lok Adalats have been
constituted and they have been functioning as a voluntary and conciliatory agency without any
statutory backing for its decisions. In order to provide for the composition of statutory legal
authorities and to provide statutory backing to Lok Adalats and its awards the Legal Services
Authorities Bill, 1987, was introduced in the Lok Sabha on 24th August 1987.2

Article 39-A of the Constitution provides that 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. With
the object of providing free legal aid, Government had, by Resolution, appointed the “Committee
for Implementing Legal Aid Schemes” (CILAS) under the Chairmanship of Mr. Justice P.N.

2
http://pib.nic.in/newsite/mbErel.aspx?relid=118011 http://pib.nic.in/newsite/mbErel.aspx?relid=118011 – Press
Information Report

2
Bhagwati (as he then was) to monitor and implement Legal Aid Programmes on a uniform basis
in all the States and Union territories CILAS evolved a model scheme for Legal Aid Programme
applicable throughout the country by which several Legal Aid and Advice Boards have been set
up in the States and Union territories, cilas in funded wholly by grants from the central
Government. Object of the enactment of the said Act - In our democratic set-up, all laws are
made for all men - common or uncommon. By common man, in common parlance, we
understand a man on the street. A man who may not have any status, office, post or rank in
society. He is only a human being, an ordinary citizen with expectations of a just and human
order. He may be a Tom, Dick or Harry, Ram, Rahim or Shyam. The Expression includes a
cobbler, sweeper, baker, butcher, a priest, or a soldier. A person of whatever name and
nomenclature known in the society. A legal system and its effectiveness has to be gauged or
measured by the extent of its usefulness to the common man. The failure of law for common man
is due to no change of hear or outlook of other fellow beings who are privileged and have a
better status in the society. There has been no emotional integration between haves in the society
and have nots. The society cannot be improved by laws. Social reforms are done not by laws but
by leaders in the society who are virtuous, wise and of high moral character. Before making the
laws or along with them, no attempts have to be made on behalf of the State of their agencies to
spread moral education to encourage science with spirituality. The spirituality and science alone
can rule the world including the government based on democracy in the absence of any effort in
proper direction; the common man is deprived of the benefit of the laws enacted for him which
do not reach him due to inefficient bureaucracy and mal-administration.

3
The Legal Services Authorities Act, 1987

Under Section 2(1)(c) of the Legal Services Authorities Act, 1987 (hereinafter referred to as ‘the
said Act’), “Legal Service” includes the rendering of any service in the conduct of any case or
other legal proceeding before any court or other authority or tribunal and the giving of advice on
any legal matter; To provide free and competent legal services to the weaker section of the
society was the basic object of enacting the aforesaid Act. Justice - social, economic and
political, is our constitutional pledge enshrined in the preamble of our Constitution. The
incorporation of Article 39-A in the Directive Principles of State Policy in the year 1976,
enjoined upon the State to ensure justice on the basis of equal opportunity by providing free legal
aid.

The assumption of our legal system is that all citizens have equal access to means of legal
redress. Access to inexpensive and expeditious justice is a basic human right. But, in practice,
legal services of all kinds have gone to the highest bidders. Wealthy persons and large
corporations receive the highest quality advice. There should be a system of administration of
justice of which the poorest are able to take advantage. Equal access to the law for the rich and
the poor alike is essential for the maintenance of the rule of law. It is, therefore, essential to
provide adequate legal advice and representation to all those, threatened as to their life, liberty,
property or reputation, who are not able to pay for it.3

Legal aid is required in many forms and at various stages, for obtaining guidance, for resolving
disputes in Courts, tribunals or other authorities. It has manifold facets. The explosion in
population, the vast changes brought about by scientific, technological and other developments,
and the all round enlarged field of human activity reflected in modern society, and the
consequent increase in litigation in Courts and other forums demand that the service of
competent persons with expertise in law is required in many stages and at different forums or
levels and should be made available.

3
http://www.legalserviceindia.com/articles/laid.htm - Legal Services India

4
Legal Aid and the Indian Constitution

Justice P.N.Bhagwati has rightly said that "the poor and the illiterate should be able to approach
the Courts and their ignorance and poverty should not be an impediment in the way of their
obtaining Justice from the Courts."

The Constitution of India gives much emphasis on the constitutionalism and rule of law. In India
the rule of law is regarded as a part of the basic structure of the Constitution and also of natural
justice. The rule of natural justice says that individuals should not penalized by decisions
affecting their rights or legitimate expectations unless they have been given prior notice of the
cases against them, a fair opportunity to answer them, and the opportunity to present their own
cases. The preamble of the Constitution secures to its citizen, social, economic and political
justice. Article 14 of the Constitution makes it clear that the State shall not deny to any person
equality before law or the equal protection of the laws within the territory of India. The aim of
Article 14 is to ensure equal justice. The guarantee of equal justice is meaningless if the poor or
illiterate or weak persons cannot enforce their rights because of their poverty or illiteracy or
weakness. Articles 38 and 39, of the Constitution of India lay down clear mandate in this
regard. According to Article 38 (1) the State shall strive to promote the welfare of the people by
securing and protecting as effectively as it may a social order in which justice, social, economic
or political, shall inform all the institutions of the national life.

Article 39-A directs the State to ensure 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.

Right to free legal aid or free legal service is an essential fundamental right guaranteed by the
Constitution. It forms the basis of reasonable, fair and just liberty under Article 21 of the
Constitution of India, which says, “No person shall be deprived of his life or personal liberty
except according to procedure established by law”.

5
In State of Maharashtra v. Manubhai Pragaji Vashi, The Supreme Court has made it quite
clear that it is now well established that the failure to provide free legal aid to an accused at the
cost of the State unless refused by the accused, would vitiate the trial.

In M.H Hoskot v. State Of Maharashtra, Justice Krishna Iyer observed that providing free
4
legal aid is the State's duty and not Government's charity.

The Code of criminal Procedure and the Code of Civil Procedure also contain provisions in
relation to the free legal aid. Section 304 of the Criminal Procedure Code provides that where in
a trial before the Court of Session, the accused is not represented by a pleader and where it
appears to the Court that the accused has not sufficient means to engage a pleader; the Court
shall assign a pleader for his defence at the expense of the State. Section 304 makes it clear that
the State is under an obligation to provide legal assistance to a person charged with offence
triable before the Court of Session. It enables the State Government to direct that these
provisions shall apply in relation to any class of trials before other courts in the State.

Constitutional Provisions relating to the

concept of Legal Aid
Legal aid a constitutional right - Articles 21 and 39-A of the Constitution are as under :-

21. Protection of life and personal liberty – No person shall be deprived of his life or personal
liberty except according to procedure established by law.

39A. 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”.

4
http://www.commonlii.org/in/journals/NALSARLawRw/2013/13.pdf - NALSAR law Journal

6
14. Article of the Constitution states that the state shall not deny to any person equality before
law or the equal protection of the laws within the territory of India. The Constitution of India
provides the fundamental rights including protection of life and liberty in Article 21 and
provision of legal aid services is an integral part of the article.

Article 38(I) states that the state shall strive to promote the welfare of the people by securing and
protecting as effectively as it may, as social order in which justice – social, economic and
political shall inform all the institutions of national life.

Other Constitutional Mandates regarding Free Legal Aid are –

In 1987, the Legal Services Authorities Act was enacted by the Parliament which came into force
on 9th November, 1995 with an object to establish a nationwide uniform network for providing
free and competent legal services to the weaker sections of the society on the basis of equal
opportunity • The National Legal Services Authority (NALSA) has been constituted under the
Legal Services Authorities Act, 1987 to monitor and evaluate implementation of legal services
available under the Act. The Free Legal Services include: 1. Payment of court fee, process fees
and all other charges payable or incurred in connection with any legal proceedings. 2. Providing
Advocate in legal proceedings; 3. Obtaining and supply of certified copies of orders and other
documents in legal proceedings; 4. Preparation of appeal, paper book including printing and
translation of documents in legal proceedings.

Permanent and Continuous Lok Adalat Scheme - A Permanent and Continuous Lok Adalat
Scheme has been formulated and implemented to establish Lok Adalats under Section 19 of the
Act in all the districts of the country. Under this scheme, the Lok Adalats are now organized
regularly at designated venues, even away from court complexes and the cases which remain
unsettled are taken up in the next Lok Adalat. Lok Adalats have thus acquired permanency and
continuity and are no more occasional.

Counseling and Conciliation Scheme - NALSA has formulated a Counseling and Conciliation
Scheme to encourage the settlement of disputes by way of negotiations and conciliation. Under
this scheme, Counseling and Conciliation Centres are being set up in all the Districts of the
country for guiding and motivating the migrants to resolve their disputes amicably. Such Centres
have been set up in most of the Districts.

7
Legal Literacy Programme - NALSA has formulated a strategy to provide basic and essential
knowledge to the vulnerable groups so that they can understand the law and know the scope of
their rights under the law and eventually assert their rights as a means to take action, uplift their
social status and being in social change.

Legal Aid Camps - The Legal Aid Camps through State Legal Services Authorities have been
organized by some, among Taluka Legal Services Committees, NGOs. etc. in the rural area and
slum areas for educating the weaker sections as to their rights and for encouraging them to settle
their disputes through ADR Mechanism. The people are educated/made aware of their rights,
benefits and privileges guaranteed by social welfare legislations, administration programmes and
measures etc.

Legal Aid Clinics - Establishing Legal Aid Clinics in all Gram Panchayats (similar to primary
health centres) by engaging competent lawyers as legal consultants in the clinics. Give wide
publicity about the clinics with the help of local Self-Government Institutions. • Setting-up Legal
Aid Clinics in all law colleges and law universities and to encourage students to adopt remote
village areas as their area of operation. For this purpose, the following strategies may be adopted:
The students may be divided into small groups and deputed to the adopted villages.

In urban areas, colonies and slum areas where economically and socially backward people reside
may be chosen for setting up Legal Aid Clinics.

Law Students shall identify the problems which require Legal Aid. They shall discuss the
problem with the teacher-in-charge and if it warrants further free legal services, the matter
should be brought before the Legal Services Authorities/Committees concerned. The students
shall be encouraged to organize legal awareness classes for small groups of people (4 or 5 houses
together or 10 to 12 people). It should be more in the form of informal gatherings. The students
should aim at preventive and strategic legal aid. In appropriate cases, senior students and
postgraduate students who have already enrolled as lawyers, may be entrusted with the filing and
conducting of the litigation in the Courts free of cost. No fee shall be collected from the
beneficiaries of legal aid clinic. Law Students should be guided by a team of senior
Professors/Lecturers including part-time Lecturers. Rapport between the students and the people
of the adopted area should be maintained throughout the year.

8
Judicial Decisions

The Supreme Court in Hussainara Kathoon V. Home Secretary, State of Bihar, AIR 1979 SC
1369: 1980 [1] SC 98: 1979 [3] SCR 532: 1979 Cri LJ 1045 : 1980 SCC [Cr] 40, had called upon
the Government to frame appropriate scheme for providing legal aid to the poor. The following
observations were made by the Supreme Court:

“We may also take this opportunity of impressing upon the Government of India as also the State
Governments, the urgent necessity of introducing a dynamic and comprehensive legal service
programme with a view to reaching justice to the common man. Today, unfortunately, in our
country the poor are priced out of the judicial system with the result that they are losing faith in
the capacity of our legal system to being about changes in their life conditions and to deliver
justice to them. The poor in their contact with legal system have always been on the wrong side
of the law. They have always come across ‘law for the poor’ rather than ‘law of the poor’. The
law is regarded by them as something mysterious and forbidding-always taking something away
from them and not as a positive and constructive social device for changing the socio-economic
order and improving their life conditions by conferring rights and benefits on them. The result is
that the legal system has lost its credibility for the weaker sections of the community. It is,
therefore, necessary that we should inject equal justice into legality and that can be done only by
dynamic and activist scheme of legal services.

In another landmark case, the court in Rhem v/s Malclm [377 F. Supp. 1995] the State cannot be
permitted to deny the constitutional right of speedy trial to the accused on the ground that the
State has no adequate financial resources to incur the necessary expenditure needed for
improving the administrative and judicial apparatus with a view to ensuring speedy trial. The
State may have its financial constraints and its priorities in expenditure, but, the law does not
permit any Government to deprive its citizens of constitutional rights on a plea of poverty.

Further, In Abdul Hassan Vs. Delhi Vidyut Board [AIR 1999 Del 88: 1999 (77) DLT 640 :
1999 (2) AD (Del)], the Delhi High Court observed that “it is emphasized in Article 39A that the
legal system should be able to deliver justice expeditiously on the basis of equal opportunity and
9
provide free legal aid to ensure that opportunities for securing justice are not denied to any
citizen by reasons of economic or other disabilities. It was in this context that the parliament
enacted Legal Services Authority Act, 1987. One of the aims of the Act is to organize Lok
Adalat to secure that the operation of legal system promotes justice on the basis of an equal
opportunity. The provisions of the Act, based on indigenous concept are meant to supplement the
court system. They will go a long way in resolving the 0dispute at almost no cost to the litigants
and with minimum delay. The Act is a legislative attempt to decongest the courts of heavy
burden of cases.”

The Hon’ble Apex Court found and observed in the case of State of Haryana v. Smt. Darshana
Devi [AIR 1979 SC 855 : 1979 [2], no State, it seems, has , as yet, framed rules to give effect to
the benignant provision of legal aid to the poor in Order XXXIII Rule 9-A, Civil Procedure
Code, although several years have passed since the enactment. Parliament is stultified and the
people are frustrated. Even after a law has been enacted for the benefit of the poor, the State does
not bring into force by willful default in fulfilling the condition sine qua non. It is public duty of
each great branch of Government to obey the rule of law and uphold the tryst with the
Constitution by making rules to effectuate legislation meant to help the poor.

Also, as observed in Moni Mathai v. Federal Bank Ltd., [AIR 2003 Ker 164 at 170] by the
Kerala High Court, the Lok Adalats are also bound to follow the principles of natural justice,
equity, fair play and other legal principles. Had the Committee taken care to issue notice to the
petitioners and obtain a written statement containing their version and placed the same before the
Lok Adalat all these unfortunate disputes could have been avoided. The Lok Adalats shall also
not forget that their duty is not to dispose of cases some how but settle cases amicably.

Also, as observed in Moni Mathai v. Federal Bank Ltd., [AIR 2003 Ker 164 at 170] by the
Kerala High Court, the Lok Adalats are also bound to follow the principles of natural justice,
equity, fair play and other legal principles. Had the Committee taken care to issue notice to the
petitioners and obtain a written statement containing their version and placed the same before the
Lok Adalat all these unfortunate disputes could have been avoided. The Lok Adalats shall also
not forget that their duty is not to dispose of cases somehow but settle cases amicably.5

5
http://www.hcmadras.tn.nic.in/legalaid-issues.pdf - HC of Madras

10
Criticisms against Free Legal Aid

One of the problems faced by legal services institutions is their inability to reach out to the
common people. This hiatus between them and the common people was perceived as indirectly
defeating the objectives of the Act. Free legal aid undoubtedly is beneficial to poor people and
has been instituted with the noble purpose. Yet it has become a good ground for breeding
corruption. Free legal aid for a fee is common practice. Once a lawyer is engaged through legal
aid, obviously the party or his men would come to the lawyer for consultation and it is then that
they are asked to fish out some money, which they naturally cannot refuse. One factor that
largely contributes to this is that the meager remuneration (less than Rs. 200/-) paid to the
lawyers by Legal Aid Committee is a paltry and sometimes even does not meet the incidental
expenses, what to speak of compensating the labour put in by the lawyer. Beyond that, the greed
to pocket some easy money out of the helplessness of the victims is always there. But what
speaks worst about the system is the fact that entrustment of cases under the scheme has become
a case of distribution of largess amongst the favorites just as our Governments are notorious for
distribution of licenses. The distribution is guided by many factors but largely other than by
reason and the capacity to deliver the goods. In the circumstances, expectedly, the quality of aid
is compromised to the determent of the beneficiary and, of course, Justice. The whole purpose is,
thus, defeated.

Suggestions

Some suggestions to boost up the Legal Aid processes are - 1. Bringing in more competent, well-
known and senior lawyers for rendering Legal Services and aid. 2. Payment of better honorarium
to the lawyers who provide Legal Aid. 3. Inclusion of all designated senior lawyers in the Legal
Aid Schemes and requesting them to undertake at least two cases free of charge every year.

11
Conclusion
Legal aid is the provision of assistance to people otherwise unable to afford legal representation
and access to the court. Legal aid is regarded as central in providing access to justice by
ensuring -Equality before the law, Right to counsel and Right to Fair trial. It is to ensure welfare
provisions by providing access to legal advice and the courts. It is an inseparable constituent of a
Welfare State as proclaimed under a democracy.

Legal aid in India has been incorporated in India under constitutional provisions (Art. 39 A) and
under statutory provisions constitutional provisions to Legal Services.

In a democracy, where rule of law is supreme; it is essential to ensure that even the weakest
amongst the weak, poorest among the poor, in the country does not suffer injustice arising out of
any abrasive action on the part of State or private person. As a way forward there is need to
ensure capacity building for legal aid movement. This requires strengthening the skills of
stakeholders of legal aid; law teachers, lawyers, law students, volunteers such as aaganwadi
workers, Members of local panchayat etc to act as intermediates between rural people and legal
service institutions.

The major drawback of legal aid movement in India is the lack of legal awareness. People are
not aware of rights and protection available under the law. It needs to be realized that the
promotion of awareness regarding legal aid is not the exclusive duty of the Legal fraternity. It is
equally the concern and responsibility of the society at large. Constitutional commitment for
legal aid can only be cherished if society comes forward to care for its vulnerable population.

12
Bibliography:

Books:

1. Dr Madabhushi Sridhar, Alternative Dispute Resolution - Negotiation And Mediation

(2015):

This text book Alternative dispute resolution, negotiation and mediation, is a

comprehensive study on different dispute resolution mechanisms, namely mediation,
conciliation and negotiation, that are viable alternatives to the courts. It studies the
evolution of the alternative dispute resolution (adr) methods in india as well as other
countries.

2. Madhusudan S, Universal Law Pub Co, Allahabad, ed. 6 (2013):

Articles:

1. http://www.lawyersclubindia.com/articles/Constitutional-provisions-of-legal-
services-2923.asp#.Vr9Y_LR97IU – Lawyers Club India

2. http://pib.nic.in/newsite/mbErel.aspx?relid=118011 – Press Information Report

3. https://shuklagirjesh.wordpress.com/2013/07/24/constitutional-mandate-and-reality-
legal-aid-in-india/ - Blog: Official

13