Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U.

New Syllabus – 2022-2023

PRACTICAL TRAINING – II
Alternate Dispute Resolution
Course Objectives.
This course is in compliance with the BCI prescription of compulsory clinical courses. The
course aims at providing class room instructions including simulation exercises and extension
programmes like Alternate Dispute Resolution Mechanism, LokAdalat, Legal aid Camp, Legal
Literacy and Para Legal Training. The course has as its objective to teach about Free Legal
Services, para legal training, legal literacy. The course also aims at imparting education in
arbitration, conciliation mediation and negotiation. The course further aims at equipping the
students with the use of computers and internet in legal work and legal research, with the skills of
legal writing - case comments, editing of law journals and law office management.

Course outcomes:
By the end of the course, students would be able to:

1. Understand well the authorities constituted under Legal Services Authorities Act, their
powers, functions and role: further the students will be able to know about the legal aid
services covered by the Act and persons eligible for the same
2. Know the lokadalats, permanent lokadalats, para legal training and legal literacy
3. Know and practice the alternative disputes resolution mechanisms under the Arbitration
and Conciliation Act, 1996- negotiation, conciliation, mediation and arbitration
4. Know and use computers and internet in the professional work and research
5. Understand research required for Public Interest Litigation
6. Know to write articles and case comments, to edit law journals and know law office
management

Page 1 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

Module I.
1. Legal Services Authorities Act, 1987
2. Authorities
3. Services
4. Persons entitled to services
5. LokAdalats
6. Para legal training and legal literacy
7. Permanent LokAdalats

Here are the provisions of the Legal Services Authorities Act, 1987 related to short title, extent
and commencement, and definitions:
1. Short title: The short title of the Act is the "Legal Services Authorities Act, 1987".
2. Extent: The Act extends to the whole of India, except the State of Jammu and Kashmir.
3. Commencement: The Act came into force on 11th October, 1987.
4. Definitions: The Act defines the following terms:
a. "Legal Services Authorities" means the National Legal Services Authority, the State
Legal Services Authorities and the District Legal Services Authorities constituted
under this Act.
b. "Weaker sections of the society" means the following persons, namely:
i. The poor;
ii. The scheduled castes;
iii. The scheduled tribes;
iv. Women;
v. Children;
vi. Minorities;
vii. Persons with disabilities; and
viii. Other disadvantaged or marginalized sections of the society.
c. "Lok Adalat" means a forum for the settlement of disputes through negotiations,
conciliation and arbitration, constituted under this Act.

THE NATIONAL LEGAL SERVICES AUTHORITY

The National Legal Services Authority (NALSA) is the apex body of the legal services
delivery system in India. It was established under the Legal Services Authorities Act, 1987.
The NALSA is responsible for:
1. Formulating policies and guidelines for the implementation of the Legal Services
Authorities Act, 1987;
2. Monitoring and evaluating the performance of the State Legal Services Authorities (SLSAs)
and District Legal Services Authorities (DLSAs);
3. Providing financial and technical assistance to the SLSAs and DLSAs;
4. Promoting legal literacy and awareness among the people;
5. Organizing Lok Adalats; and
6. Undertaking research in the field of legal aid.
The NALSA is headed by a Patron-in-Chief, who is the Chief Justice of India. The Executive
Chairman of the NALSA is a senior judge of the Supreme Court. The NALSA has a number of other
members, including representatives of the government, the legal profession, and the non-
governmental organizations.
The NALSA has played a significant role in ensuring access to justice for the poor and
marginalized sections of the society. It has helped to provide free legal aid to millions of people
and has helped to resolve a large number of disputes through Lok Adalats.

Page 2 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

Here are some of the key achievements of the NALSA:

1. It has helped to provide free legal aid to millions of people.
2. It has helped to resolve a large number of disputes through Lok Adalats.
3. It has promoted legal literacy and awareness among the people.
4. It has undertaken research in the field of legal aid.
5. It has helped to strengthen the legal services delivery system in India.
The NALSA is a valuable institution that is playing a vital role in ensuring access to justice for all. It
is a model for other countries in the world.

Constitution of the National Legal Services Authority.

The National Legal Services Authority (NALSA) is constituted under the Legal Services
Authorities Act, 1987. The constitution of NALSA is as follows:
1. Patron-in-Chief: The Chief Justice of India is the Patron-in-Chief of the NALSA.
2. Executive Chairman: The Executive Chairman of the NALSA is a senior judge of the
Supreme Court. He/she is appointed by the Central Government in consultation with the
Chief Justice of India.
3. Other Members: The NALSA has 15 other members, who are appointed by the Central
Government in consultation with the Chief Justice of India. These members are:
a. Two members of Parliament, one from the Lok Sabha and one from the Rajya Sabha,
nominated by the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha,
respectively.
b. Two members of the State Legislative Assembly, one from each House, nominated
by the Speaker of the Legislative Assembly of the State concerned.
c. Two members of the Bar, one from the Supreme Court and one from the High Court
of the State concerned, nominated by the Chief Justice of the Supreme Court and the
Chief Justice of the High Court of the State concerned, respectively.
d. Two members of the legal profession, one from the Supreme Court and one from the
High Court of the State concerned, nominated by the Bar Council of India.
e. Two members of the non-governmental organizations, one from the national level
and one from the State level, nominated by the NALSA.
f. One member of the Union Public Service Commission.
g. One member of the National Human Rights Commission.
h. One member of the National Commission for Women.
i. One member of the National Commission for Scheduled Castes.
j. One member of the National Commission for Scheduled Tribes.
The NALSA is a statutory body and it is funded by the Central Government. It has its headquarters
in New Delhi.
The NALSA has a number of powers and functions, which are as follows:
1. Formulating policies and guidelines for the implementation of the Legal Services
Authorities Act, 1987.
2. Monitoring and evaluating the performance of the State Legal Services Authorities (SLSAs)
and District Legal Services Authorities (DLSAs).
3. Providing financial and technical assistance to the SLSAs and DLSAs.
4. Promoting legal literacy and awareness among the people.
5. Organizing Lok Adalats.
6. Undertaking research in the field of legal aid.
The NALSA is a valuable institution that is playing a vital role in ensuring access to justice for all. It
is a model for other countries in the world.

Page 3 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

Supreme Court Legal Services Committee

The Supreme Court Legal Services Committee (SCLSC) is a committee constituted by the
Supreme Court of India to oversee the implementation of the Legal Services Authorities Act, 1987.
The SCLSC is headed by the Chief Justice of India and has 10 other members, including judges of
the Supreme Court, members of the Bar, and representatives of the government and non-
governmental organizations.
The SCLSC has a number of functions, which are as follows:
1. Overseeing the implementation of the Legal Services Authorities Act, 1987: The SCLSC
ensures that the provisions of the Legal Services Authorities Act, 1987 are implemented
effectively by the National Legal Services Authority (NALSA), the State Legal Services
Authorities (SLSAs), and the District Legal Services Authorities (DLSAs).
2. Providing financial and technical assistance to the NALSA, SLSAs, and DLSAs: The SCLSC
provides financial and technical assistance to the NALSA, SLSAs, and DLSAs to help them in
their work.
3. Promoting legal literacy and awareness among the people: The SCLSC promotes legal
literacy and awareness among the people to help them understand their rights and how to
access justice.
4. Organizing Lok Adalats: The SCLSC organizes Lok Adalats to help resolve disputes at the
pre-litigation stage.
5. Undertaking research in the field of legal aid: The SCLSC undertakes research in the field of
legal aid to improve the delivery of legal aid services.
6. The SCLSC is a valuable institution that is playing a vital role in ensuring access to justice
for all. It is a model for other countries in the world.
Here are some of the key achievements of the SCLSC:
1. It has helped to ensure that the Legal Services Authorities Act, 1987 is implemented
effectively.
2. It has provided financial and technical assistance to the NALSA, SLSAs, and DLSAs.
3. It has promoted legal literacy and awareness among the people.
4. It has organized Lok Adalats to resolve disputes at the pre-litigation stage.
5. It has undertaken research in the field of legal aid.
The SCLSC is a valuable institution that is playing a vital role in ensuring access to justice for all. It
is a model for other countries in the world.

Functions of the Central Authority

The Central Authority is the apex body of the legal services delivery system in India. It is
constituted under the Legal Services Authorities Act, 1987.
The Central Authority has the following functions:
1. Formulating policies and guidelines for the implementation of the Legal Services
Authorities Act, 1987;
2. Monitoring and evaluating the performance of the State Legal Services Authorities (SLSAs)
and District Legal Services Authorities (DLSAs);
3. Providing financial and technical assistance to the SLSAs and DLSAs;
4. Promoting legal literacy and awareness among the people;
5. Organizing Lok Adalats; and
6. Undertaking research in the field of legal aid.
Here are some of the specific functions of the Central Authority in detail:
1. Formulating policies and guidelines: The Central Authority formulates policies and
guidelines for the implementation of the Legal Services Authorities Act, 1987. These
policies and guidelines cover a wide range of issues, such as the eligibility criteria for legal
aid, the types of legal aid that are available, and the procedures for obtaining legal aid.
Page 4 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

2. Monitoring and evaluating: The Central Authority monitors and evaluates the
performance of the SLSAs and DLSAs. This includes reviewing their annual reports,
conducting surprise visits, and conducting surveys. The Central Authority also evaluates
the impact of the legal services delivery system on the ground.
3. Providing financial and technical assistance: The Central Authority provides financial
and technical assistance to the SLSAs and DLSAs. This assistance is used to fund legal aid
programs, to set up legal aid clinics, and to train legal aid lawyers.
4. Promoting legal literacy and awareness: The Central Authority promotes legal literacy
and awareness among the people. This is done through a variety of activities, such as
conducting workshops, publishing pamphlets and booklets, and organizing legal awareness
camps.
5. Organizing Lok Adalats: The Central Authority organizes Lok Adalats. Lok Adalats are
alternative dispute resolution mechanisms that help to resolve disputes at the pre-
litigation stage.
6. Undertaking research in the field of legal aid: The Central Authority undertakes
research in the field of legal aid. This research is used to improve the delivery of legal aid
services.

The Central Authority plays a vital role in ensuring access to justice for the poor and
marginalized sections of the society. It is a valuable institution that is working to make the legal
system more accessible and inclusive.
Yes, the Central Authority is required to work in coordination with other agencies. Section 5 of
the Legal Services Authorities Act, 1987 states that the Central Authority shall, wherever
appropriate, act in coordination with other governmental and non-governmental agencies,
universities and others engaged in the work of promoting the cause of legal services to the poor.
This means that the Central Authority should work with other organizations that are working
to provide legal aid to the poor, such as the State Legal Services Authorities (SLSAs), the District
Legal Services Authorities (DLSAs), non-governmental organizations (NGOs), and universities.
The Central Authority can coordinate with these organizations in a number of ways, such
as:
1. Sharing information and resources;
2. Collaborating on projects;
3. Referring clients to each other; and
4. Advocating for the rights of the poor.
By working in coordination with other agencies, the Central Authority can help to ensure that
legal aid services are more effective and accessible to the poor and marginalized sections of the
society.
Here are some examples of how the Central Authority has worked in coordination with
other agencies:
1. The Central Authority has worked with the SLSAs to develop a national legal aid directory.
This directory lists all of the legal aid providers in India, making it easier for people to find
legal aid.
2. The Central Authority has worked with NGOs to provide legal aid to victims of human
trafficking. This includes providing legal assistance to help them get out of forced labor and
to obtain compensation.
3. The Central Authority has worked with universities to train legal aid lawyers. This training
helps to ensure that legal aid lawyers are equipped to provide quality legal services to the
poor.
4. The Central Authority is committed to working in coordination with other agencies to
ensure that legal aid services are available to everyone who needs them.

Page 5 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

Constitution of State Legal Services Authority

The State Legal Services Authority (SLSA) is a statutory body constituted under the Legal
Services Authorities Act, 1987. It is responsible for implementing the provisions of the Act in the
state.
The SLSA is headed by a chairperson who is appointed by the state government in
consultation with the Chief Justice of the High Court. The SLSA has a number of other members,
including representatives of the government, the legal profession, and the non-governmental
organizations.
The constitution of the SLSA is as follows:
1. Chairperson: The chairperson of the SLSA is appointed by the state government in
consultation with the Chief Justice of the High Court.
2. Other Members: The SLSA has 15 other members, who are appointed by the state
government in consultation with the Chief Justice of the High Court. These members are:
a. Two members of the state legislature, one from each House, nominated by the
Speaker of the Legislative Assembly of the State concerned.
b. Two members of the Bar, one from the High Court and one from the subordinate
judiciary of the State concerned, nominated by the Chief Justice of the High Court.
c. Two members of the legal profession, one from the High Court and one from the
subordinate judiciary of the State concerned, nominated by the Bar Council of the
State.
d. Two members of the non-governmental organizations, one from the national level
and one from the State level, nominated by the SLSA.
e. One member of the State Public Service Commission.
f. One member of the State Human Rights Commission.
g. One member of the State Commission for Women.
h. One member of the State Commission for Scheduled Castes.
i. One member of the State Commission for Scheduled Tribes.
3. The SLSA is a statutory body and it is funded by the state government. It has its
headquarters in the state capital.
The SLSA has a number of powers and functions, which are as follows:
1. Formulating policies and guidelines for the implementation of the Legal Services
Authorities Act, 1987 in the state;
2. Monitoring and evaluating the performance of the District Legal Services Authorities
(DLSAs) in the state;
3. Providing financial and technical assistance to the DLSAs in the state;
4. Promoting legal literacy and awareness among the people in the state;
5. Organizing Lok Adalats in the state; and
6. Undertaking research in the field of legal aid in the state.
The SLSA is a valuable institution that is playing a vital role in ensuring access to justice for the
poor and marginalized sections of the society in the state. It is a model for other states in India.

Functions of the State Authority

The State Legal Services Authority (SLSA) is a statutory body constituted under the Legal
Services Authorities Act, 1987. It is responsible for implementing the provisions of the Act in the
state.
The SLSA has a number of functions, which are as follows:
1. Formulating policies and guidelines for the implementation of the Legal Services
Authorities Act, 1987 in the state;
2. Monitoring and evaluating the performance of the District Legal Services Authorities
(DLSAs) in the state;
3. Providing financial and technical assistance to the DLSAs in the state;

Page 6 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

4. Promoting legal literacy and awareness among the people in the state;
5. Organizing Lok Adalats in the state; and
6. Undertaking research in the field of legal aid in the state.
Here are some of the specific functions of the SLSA in detail:
1. Formulating policies and guidelines: The SLSA formulates policies and guidelines for the
implementation of the Legal Services Authorities Act, 1987 in the state. These policies and
guidelines cover a wide range of issues, such as the eligibility criteria for legal aid, the types
of legal aid that are available, and the procedures for obtaining legal aid.
2. Monitoring and evaluating: The SLSA monitors and evaluates the performance of the
DLSAs in the state. This includes reviewing their annual reports, conducting surprise visits,
and conducting surveys. The SLSA also evaluates the impact of the legal services delivery
system in the state.
3. Providing financial and technical assistance: The SLSA provides financial and technical
assistance to the DLSAs in the state. This assistance is used to fund legal aid programs, to
set up legal aid clinics, and to train legal aid lawyers.
4. Promoting legal literacy and awareness: The SLSA promotes legal literacy and
awareness among the people in the state. This is done through a variety of activities, such
as conducting workshops, publishing pamphlets and booklets, and organizing legal
awareness camps.
5. Organizing Lok Adalats: The SLSA organizes Lok Adalats in the state. Lok Adalats are
alternative dispute resolution mechanisms that help to resolve disputes at the pre-
litigation stage.
6. Undertaking research in the field of legal aid: The SLSA undertakes research in the field
of legal aid. This research is used to improve the delivery of legal aid services in the state.
The SLSA plays a vital role in ensuring access to justice for the poor and marginalized sections of
the society in the state. It is a valuable institution that is working to make the legal system more
accessible and inclusive.
Here are some examples of how the SLSA has discharged its functions:
1. The SLSA has formulated policies and guidelines for the implementation of the Legal
Services Authorities Act, 1987 in the state. These policies and guidelines have helped to
ensure that legal aid is more accessible and affordable for the poor and marginalized
sections of the society.
2. The SLSA has monitored and evaluated the performance of the DLSAs in the state. This has
helped to ensure that the DLSAs are providing quality legal aid services to the people.
3. The SLSA has provided financial and technical assistance to the DLSAs in the state. This
assistance has helped the DLSAs to set up legal aid clinics and to train legal aid lawyers.
4. The SLSA has promoted legal literacy and awareness among the people in the state. This
has helped the people to understand their rights and how to access justice.
5. The SLSA has organized Lok Adalats in the state. This has helped to resolve disputes at the
pre-litigation stage, which has saved time and money for the people.
6. The SLSA has undertaken research in the field of legal aid. This research has helped to
improve the delivery of legal aid services in the state.
The SLSA is a valuable institution that is playing a vital role in ensuring access to justice for the
poor and marginalized sections of the society in the state. It is a model for other states in India.
State Authority to act in coordination with other agencies, etc., and be subject to directions
given by the Central Authority
Section 8 of the Legal Services Authorities Act, 1987 states that the State Authority shall,
wherever appropriate, act in coordination with other governmental and non-governmental
agencies, universities and others engaged in the work of promoting the cause of legal services to
the poor and shall also be guided by such directions as the Central Authority may give to it in
writing.
Page 7 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

This means that the State Authority is required to work in coordination with other organizations
that are working to provide legal aid to the poor, such as the District Legal Services Authorities
(DLSAs), non-governmental organizations (NGOs), and universities. The State Authority is also
required to follow the directions given by the Central Authority.
The following are some of the reasons why the State Authority is required to act in coordination
with other agencies and to follow the directions given by the Central Authority:
1. To ensure that legal aid services are more effective and accessible to the poor and
marginalized sections of the society.
2. To avoid duplication of efforts and to ensure that resources are used efficiently.
3. To promote a uniform approach to the provision of legal aid services across the country.
4. To ensure that the legal aid services are in line with the policies and guidelines of the
Central Authority.
The State Authority is required to act in good faith and to follow the directions given by the
Central Authority in a reasonable manner. The State Authority is also required to keep the Central
Authority informed of its activities.
The following are some of the examples of how the State Authority can act in coordination
with other agencies:
1. The State Authority can collaborate with the DLSAs to set up legal aid clinics in the state.
2. The State Authority can partner with NGOs to provide legal aid services to the poor and
marginalized sections of the society.
3. The State Authority can work with universities to train legal aid lawyers.
4. The State Authority can participate in conferences and workshops organized by other
organizations to promote legal aid.
The following are some of the examples of how the State Authority can follow the directions
given by the Central Authority:
1. The State Authority can implement the policies and guidelines issued by the Central
Authority.
2. The State Authority can submit reports to the Central Authority on its activities.
3. The State Authority can seek clarifications from the Central Authority on any issue related
to the implementation of the Legal Services Authorities Act, 1987.
The State Authority is an important institution that is playing a vital role in ensuring access to
justice for the poor and marginalized sections of the society. By working in coordination with
other agencies and by following the directions given by the Central Authority, the State Authority
can further its mission of providing quality legal aid services to the people.

High Court Legal Services Committee

The High Court Legal Services Committee (HCLSC) is a statutory body constituted under
the Legal Services Authorities Act, 1987. It is responsible for implementing the provisions of the
Act in the High Court.
The HCLSC is headed by a chairperson who is appointed by the Chief Justice of the High Court. The
HCLSC has a number of other members, including representatives of the government, the legal
profession, and the non-governmental organizations.
The constitution of the HCLSC is as follows:
1. Chairperson: The chairperson of the HCLSC is appointed by the Chief Justice of the High
Court.
2. Other Members: The HCLSC has 15 other members, who are appointed by the Chief
Justice of the High Court. These members are:
a. Two members of the High Court, nominated by the Chief Justice of the High Court.
b. Two members of the Bar, one from the High Court and one from the subordinate
judiciary of the State concerned, nominated by the Chief Justice of the High Court.

Page 8 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

c. Two members of the legal profession, one from the High Court and one from the
subordinate judiciary of the State concerned, nominated by the Bar Council of the
State.
d. Two members of the non-governmental organizations, one from the national level
and one from the State level, nominated by the HCLSC.
e. One member of the State Public Service Commission.
f. One member of the State Human Rights Commission.
g. One member of the State Commission for Women.
h. One member of the State Commission for Scheduled Castes.
i. One member of the State Commission for Scheduled Tribes.
The HCLSC is a statutory body and it is funded by the State Government. It has its headquarters in
the High Court.
The HCLSC has a number of functions, which are as follows:
1. Formulating policies and guidelines for the implementation of the Legal Services
Authorities Act, 1987 in the High Court;
2. Monitoring and evaluating the performance of the District Legal Services Authorities
(DLSAs) in the High Court;
3. Providing financial and technical assistance to the DLSAs in the High Court;
4. Promoting legal literacy and awareness among the people in the High Court;
5. Organizing Lok Adalats in the High Court; and
6. Undertaking research in the field of legal aid in the High Court.
The HCLSC is a valuable institution that is playing a vital role in ensuring access to justice for the
poor and marginalized sections of the society in the High Court. It is a model for other High Courts
in India.
Here are some of the specific functions of the HCLSC in detail:
1. Formulating policies and guidelines: The HCLSC formulates policies and guidelines for
the implementation of the Legal Services Authorities Act, 1987 in the High Court. These
policies and guidelines cover a wide range of issues, such as the eligibility criteria for legal
aid, the types of legal aid that are available, and the procedures for obtaining legal aid.
2. Monitoring and evaluating: The HCLSC monitors and evaluates the performance of the
DLSAs in the High Court. This includes reviewing their annual reports, conducting surprise
visits, and conducting surveys. The HCLSC also evaluates the impact of the legal services
delivery system in the High Court.
3. Providing financial and technical assistance: The HCLSC provides financial and
technical assistance to the DLSAs in the High Court. This assistance is used to fund legal aid
programs, to set up legal aid clinics, and to train legal aid lawyers.
4. Promoting legal literacy and awareness: The HCLSC promotes legal literacy and
awareness among the people in the High Court. This is done through a variety of activities,
such as conducting workshops, publishing pamphlets and booklets, and organizing legal
awareness camps.
5. Organizing Lok Adalats: The HCLSC organizes Lok Adalats in the High Court. Lok Adalats
are alternative dispute resolution mechanisms that help to resolve disputes at the pre-
litigation stage.
6. Undertaking research in the field of legal aid: The HCLSC undertakes research in the
field of legal aid. This research is used to improve the delivery of legal aid services in the
High Court.
The HCLSC plays a vital role in ensuring access to justice for the poor and marginalized sections of
the society in the High Court. It is a valuable institution that is working to make the legal system
more accessible and inclusive.

Page 9 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

District Legal Services Authority

The District Legal Services Authority (DLSA) is a statutory body constituted under the
Legal Services Authorities Act, 1987. It is responsible for implementing the provisions of the Act in
the district.
The DLSA is headed by a chairperson who is appointed by the district judge. The DLSA has
a number of other members, including representatives of the government, the legal profession,
and the non-governmental organizations.
The constitution of the DLSA is as follows:
1. Chairperson: The chairperson of the DLSA is appointed by the district judge.
2. Other Members: The DLSA has 15 other members, who are appointed by the district judge.
These members are:
a. Two members of the district bar association, nominated by the district bar
association.
b. Two members of the subordinate judiciary of the district, nominated by the district
judge.
c. Two members of the non-governmental organizations, one from the district level
and one from the block level, nominated by the DLSA.
d. One member of the district administration, nominated by the district magistrate.
e. One member of the police, nominated by the superintendent of police.
f. One member of the women's commission, nominated by the chairperson of the
women's commission.
g. One member of the SC/ST commission, nominated by the chairperson of the SC/ST
commission.
3. The DLSA is a statutory body and it is funded by the District Government. It has its
headquarters in the district court.
4. The DLSA has a number of functions, which are as follows:
5. Providing free legal aid to the poor and marginalized sections of the society;
6. Promoting legal literacy and awareness among the people;
7. Organizing Lok Adalats;
8. Undertaking research in the field of legal aid; and
9. Any other function that may be prescribed by the Central Authority.
The DLSA plays a vital role in ensuring access to justice for the poor and marginalized sections of
the society in the district. It is a valuable institution that is working to make the legal system more
accessible and inclusive.
Here are some of the specific functions of the DLSA in detail:
1. Providing free legal aid: The DLSA provides free legal aid to the poor and marginalized
sections of the society. This includes providing legal representation in court, drafting legal
documents, and providing advice on legal matters.
2. Promoting legal literacy and awareness: The DLSA promotes legal literacy and
awareness among the people. This is done through a variety of activities, such as
conducting workshops, publishing pamphlets and booklets, and organizing legal awareness
camps.
3. Organizing Lok Adalats: The DLSA organizes Lok Adalats. Lok Adalats are alternative
dispute resolution mechanisms that help to resolve disputes at the pre-litigation stage.
4. Undertaking research in the field of legal aid: The DLSA undertakes research in the field
of legal aid. This research is used to improve the delivery of legal aid services in the district.
5. Any other function that may be prescribed by the Central Authority: The DLSA may
also perform any other function that may be prescribed by the Central Authority.
The DLSA is a valuable institution that is playing a vital role in ensuring access to justice for the
poor and marginalized sections of the society in the district. It is working to make the legal system
more accessible and inclusive.
Page 10 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

Functions of the District Authority

The District Legal Services Authority (DLSA) is a statutory body constituted under the Legal
Services Authorities Act, 1987. It is responsible for implementing the provisions of the Act in the
district.
The DLSA has a number of functions, which are as follows:
1. Providing free legal aid to the poor and marginalized sections of the society: The
DLSA provides free legal aid to the poor and marginalized sections of the society. This
includes providing legal representation in court, drafting legal documents, and providing
advice on legal matters.
2. Promoting legal literacy and awareness: The DLSA promotes legal literacy and
awareness among the people. This is done through a variety of activities, such as
conducting workshops, publishing pamphlets and booklets, and organizing legal awareness
camps.
3. Organizing Lok Adalats: The DLSA organizes Lok Adalats. Lok Adalats are alternative
dispute resolution mechanisms that help to resolve disputes at the pre-litigation stage.
4. Undertaking research in the field of legal aid: The DLSA undertakes research in the field
of legal aid. This research is used to improve the delivery of legal aid services in the district.
5. Any other function that may be prescribed by the Central Authority: The DLSA may
also perform any other function that may be prescribed by the Central Authority.
Here are some of the specific functions of the DLSA in detail:
1. Providing free legal aid: The DLSA provides free legal aid to the poor and marginalized
sections of the society. This includes providing legal representation in court, drafting legal
documents, and providing advice on legal matters. The DLSA can provide legal aid to the
following categories of people:
a. Persons who are unable to afford legal services;
b. Persons who have been denied justice due to their social or economic status;
c. Persons who have been victims of human rights violations; and
d. Persons who are facing legal problems related to social welfare schemes.
2. Promoting legal literacy and awareness: The DLSA promotes legal literacy and
awareness among the people. This is done through a variety of activities, such as
conducting workshops, publishing pamphlets and booklets, and organizing legal awareness
camps. The DLSA aims to educate the people about their legal rights and responsibilities. It
also aims to sensitize the people about the importance of the legal system.
3. Organizing Lok Adalats: The DLSA organizes Lok Adalats. Lok Adalats are alternative
dispute resolution mechanisms that help to resolve disputes at the pre-litigation stage. Lok
Adalats are held regularly in the district. The DLSA can also organize special Lok Adalats to
deal with specific types of cases, such as cases related to women, children, or the elderly.
4. Undertaking research in the field of legal aid: The DLSA undertakes research in the field
of legal aid. This research is used to improve the delivery of legal aid services in the district.
The DLSA also shares its research findings with other DLSAs and with the Central
Authority.
The DLSA is a valuable institution that is playing a vital role in ensuring access to justice for the
poor and marginalized sections of the society in the district. It is working to make the legal system
more accessible and inclusive.

District Authority to act in coordination with other agencies and be subject to directions
given by the Central Authority, etc.
The District Legal Services Authority (DLSA) is required to act in coordination with other
agencies and to be subject to directions given by the Central Authority.
Section 22 of the Legal Services Authorities Act, 1987 states that the DLSA shall, wherever
appropriate, act in coordination with other governmental and non-governmental agencies,
Page 11 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

universities and others engaged in the work of promoting the cause of legal services to the poor
and shall also be guided by such directions as the Central Authority may give to it in writing.
This means that the DLSA is required to work in coordination with other organizations that
are working to provide legal aid to the poor, such as the State Legal Services Authorities (SLSAs),
non-governmental organizations (NGOs), and universities. The DLSA is also required to follow the
directions given by the Central Authority.
The following are some of the reasons why the DLSA is required to act in coordination with
other agencies and to follow the directions given by the Central Authority:
1. To ensure that legal aid services are more effective and accessible to the poor and
marginalized sections of the society.
2. To avoid duplication of efforts and to ensure that resources are used efficiently.
3. To promote a uniform approach to the provision of legal aid services across the country.
4. To ensure that the legal aid services are in line with the policies and guidelines of the
Central Authority.
The DLSA is required to act in good faith and to follow the directions given by the Central
Authority in a reasonable manner. The DLSA is also required to keep the Central Authority
informed of its activities.
The following are some of the examples of how the DLSA can act in coordination with other
agencies:
1. The DLSA can collaborate with the SLSA to set up legal aid clinics in the district.
2. The DLSA can partner with NGOs to provide legal aid services to the poor and marginalized
sections of the society.
3. The DLSA can work with universities to train legal aid lawyers.
4. The DLSA can participate in conferences and workshops organized by other organizations
to promote legal aid.
The following are some of the examples of how the DLSA can follow the directions given by the
Central Authority:
1. The DLSA can implement the policies and guidelines issued by the Central Authority.
2. The DLSA can submit reports to the Central Authority on its activities.
3. The DLSA can seek clarifications from the Central Authority on any issue related to the
implementation of the Legal Services Authorities Act, 1987.
The DLSA is a valuable institution that is playing a vital role in ensuring access to justice for the
poor and marginalized sections of the society. By working in coordination with other agencies and
by following the directions given by the Central Authority, the DLSA can further its mission of
providing quality legal aid services to the people.

Taluk Legal Services Committee

The Taluk Legal Services Committee (TLSC) is a statutory body constituted under the Legal
Services Authorities Act, 1987. It is responsible for implementing the provisions of the Act in the
taluk.
The TLSC is headed by a chairperson who is appointed by the district judge. The TLSC has a
number of other members, including representatives of the government, the legal profession, and
the non-governmental organizations.
The constitution of the TLSC is as follows:
1. Chairperson: The chairperson of the TLSC is appointed by the district judge.
2. Other Members: The TLSC has 15 other members, who are appointed by the district judge.
These members are:
a. Two members of the taluk bar association, nominated by the taluk bar association.
b. Two members of the subordinate judiciary of the taluk, nominated by the district
judge.

Page 12 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

c. Two members of the non-governmental organizations, one from the taluk level and
one from the panchayat level, nominated by the TLSC.
d. One member of the taluk administration, nominated by the district magistrate.
e. One member of the police, nominated by the superintendent of police.
The TLSC is a statutory body and it is funded by the Taluk Government. It has its headquarters in
the taluk court.
The TLSC has a number of functions, which are as follows:
1. Providing free legal aid to the poor and marginalized sections of the society;
2. Promoting legal literacy and awareness among the people;
3. Organizing Lok Adalats; and
4. Undertaking research in the field of legal aid.
The TLSC plays a vital role in ensuring access to justice for the poor and marginalized sections of
the society in the taluk. It is working to make the legal system more accessible and inclusive.
Here are some of the specific functions of the TLSC in detail:
1. Providing free legal aid: The TLSC provides free legal aid to the poor and marginalized
sections of the society. This includes providing legal representation in court, drafting legal
documents, and providing advice on legal matters. The TLSC can provide legal aid to the
following categories of people:
a. Persons who are unable to afford legal services;
b. Persons who have been denied justice due to their social or economic status;
c. Persons who have been victims of human rights violations; and
d. Persons who are facing legal problems related to social welfare schemes.
2. Promoting legal literacy and awareness: The TLSC promotes legal literacy and
awareness among the people. This is done through a variety of activities, such as
conducting workshops, publishing pamphlets and booklets, and organizing legal awareness
camps. The TLSC aims to educate the people about their legal rights and responsibilities. It
also aims to sensitize the people about the importance of the legal system.
3. Organizing Lok Adalats: The TLSC organizes Lok Adalats. Lok Adalats are alternative
dispute resolution mechanisms that help to resolve disputes at the pre-litigation stage. Lok
Adalats are held regularly in the taluk. The TLSC can also organize special Lok Adalats to
deal with specific types of cases, such as cases related to women, children, or the elderly.
4. Undertaking research in the field of legal aid: The TLSC undertakes research in the field
of legal aid. This research is used to improve the delivery of legal aid services in the taluk.
The TLSC also shares its research findings with other TLSCs and with the DLSA.
The TLSC is a valuable institution that is playing a vital role in ensuring access to justice for the
poor and marginalized sections of the society in the taluk. It is working to make the legal system
more accessible and inclusive.

Functions of Taluk Legal Services Committee

Here are the functions of the Taluk Legal Services Committee (TLSC):
1. Providing free legal aid to the poor and marginalized sections of the society: The TLSC
provides free legal aid to the poor and marginalized sections of the society. This includes
providing legal representation in court, drafting legal documents, and providing advice on
legal matters. The TLSC can provide legal aid to the following categories of people:
a. Persons who are unable to afford legal services;
b. Persons who have been denied justice due to their social or economic status;
c. Persons who have been victims of human rights violations; and
d. Persons who are facing legal problems related to social welfare schemes.
2. Promoting legal literacy and awareness: The TLSC promotes legal literacy and awareness
among the people. This is done through a variety of activities, such as conducting
workshops, publishing pamphlets and booklets, and organizing legal awareness camps.
Page 13 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

The TLSC aims to educate the people about their legal rights and responsibilities. It also
aims to sensitize the people about the importance of the legal system.
3. Organizing Lok Adalats: The TLSC organizes Lok Adalats. Lok Adalats are alternative
dispute resolution mechanisms that help to resolve disputes at the pre-litigation stage. Lok
Adalats are held regularly in the taluk. The TLSC can also organize special Lok Adalats to
deal with specific types of cases, such as cases related to women, children, or the elderly.
4. Undertaking research in the field of legal aid: The TLSC undertakes research in the field of
legal aid. This research is used to improve the delivery of legal aid services in the taluk. The
TLSC also shares its research findings with other TLSCs and with the District Legal Services
Authority (DLSA).
5. Co-ordinating with other agencies and bodies: The TLSC is required to co-ordinate with
other agencies and bodies, such as the DLSA, the State Legal Services Authority (SLSA), and
the National Legal Services Authority (NLSA). This is to ensure that legal aid services are
delivered effectively and efficiently.
6. Performing such other functions as may be prescribed by the DLSA: The TLSC may also
perform such other functions as may be prescribed by the DLSA. This is to ensure that the
TLSC is able to meet the needs of the people in the taluk.
The TLSC is a valuable institution that is playing a vital role in ensuring access to justice for the
poor and marginalized sections of the society in the taluk. It is working to make the legal system
more accessible and inclusive.

Criteria for giving legal services

Section 12 of the Legal Services Authorities Act, 1987, provides for the following categories
of persons who are entitled to free legal services:
1. Persons who are unable to afford legal services;
2. Persons who have been denied justice due to their social or economic status;
3. Persons who have been victims of human rights violations; and
4. Persons who are facing legal problems related to social welfare schemes.
The eligibility criteria for legal services are determined by the State Legal Services Authority
(SLSA) in consultation with the High Court. The SLSA may also prescribe additional criteria for
legal services, such as the nature of the case, the financial condition of the applicant, and the
merits of the case.
The following are some of the specific criteria that are commonly used to determine the
eligibility for legal services:
1. The income of the applicant: The applicant's income must be below a certain threshold.
2. The assets of the applicant: The applicant's assets must also be below a certain threshold.
3. The nature of the case: The case must be one that is likely to benefit the applicant.
4. The merits of the case: The case must have merit and there must be a reasonable chance of
success.
The SLSA may also consider other factors, such as the social or economic status of the
applicant, the applicant's educational background, and the applicant's ability to understand and
participate in the legal process.
The legal services are provided by the Legal Services Authorities (LSAs), which are a network
of institutions set up under the Legal Services Authorities Act, 1987. The LSAs provide a variety of
legal services, including legal aid, legal awareness, and alternative dispute resolution.
The legal aid provided by the LSAs is free of cost to the eligible persons. The LSAs also provide
financial assistance to the eligible persons to meet the expenses of litigation.
The legal awareness programs organized by the LSAs aim to educate the people about their
legal rights and responsibilities. These programs are also aimed at sensitizing the people about
the importance of the legal system.

Page 14 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

The alternative dispute resolution mechanisms provided by the LSAs aim to resolve disputes at
the pre-litigation stage. These mechanisms help to reduce the burden on the courts and to provide
a speedy and cost-effective resolution of disputes.

Entitlement of legal services

The entitlement to legal services in India is governed by the Legal Services Authorities Act,
1987. Section 12 of the Act provides for the following categories of persons who are entitled to
free legal services:
1. Persons who are unable to afford legal services;
2. Persons who have been denied justice due to their social or economic status;
3. Persons who have been victims of human rights violations; and
4. Persons who are facing legal problems related to social welfare schemes.
The eligibility criteria for legal services are determined by the State Legal Services Authority
(SLSA) in consultation with the High Court. The SLSA may also prescribe additional criteria for
legal services, such as the nature of the case, the financial condition of the applicant, and the
merits of the case.
The following are some of the specific criteria that are commonly used to determine the
eligibility for legal services:
1. The income of the applicant: The applicant's income must be below a certain threshold.
2. The assets of the applicant: The applicant's assets must also be below a certain threshold.
3. The nature of the case: The case must be one that is likely to benefit the applicant.
4. The merits of the case: The case must have merit and there must be a reasonable chance of
success.
The SLSA may also consider other factors, such as the social or economic status of the applicant,
the applicant's educational background, and the applicant's ability to understand and participate
in the legal process.
The legal services are provided by the Legal Services Authorities (LSAs), which are a
network of institutions set up under the Legal Services Authorities Act, 1987. The LSAs provide a
variety of legal services, including legal aid, legal awareness, and alternative dispute resolution.
The legal aid provided by the LSAs is free of cost to the eligible persons. The LSAs also provide
financial assistance to the eligible persons to meet the expenses of litigation.
The legal awareness programs organized by the LSAs aim to educate the people about their
legal rights and responsibilities. These programs are also aimed at sensitizing the people about
the importance of the legal system.
The alternative dispute resolution mechanisms provided by the LSAs aim to resolve
disputes at the pre-litigation stage. These mechanisms help to reduce the burden on the courts
and to provide a speedy and cost-effective resolution of disputes.
The following are some of the specific legal services that are provided by the LSAs:
1. Legal representation in court;
2. Drafting of legal documents;
3. Conducting of legal research;
4. Providing legal advice; and
5. Referring cases to alternative dispute resolution mechanisms.
The LSAs also provide financial assistance to the eligible persons to meet the expenses of
litigation. This assistance can be used to pay for the fees of lawyers, the expenses of travel and
accommodation, and the expenses of conducting legal research.
The legal services provided by the LSAs are a valuable resource for the poor and
marginalized sections of the society. These services help to ensure that everyone has access to
justice, regardless of their financial means.

Page 15 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

Grants by the Central Government

The Central Government provides grants to the State Legal Services Authorities (SLSAs)
and the District Legal Services Authorities (DLSAs) to enable them to provide free legal services to
the poor and marginalized sections of the society.
The grants are provided under the Legal Services Authorities Act, 1987. The Act provides for the
following categories of grants:
1. Core Grants: These grants are provided to the SLSAs and the DLSAs to cover their basic
expenses, such as the salaries of staff, the rent of office space, and the cost of stationery and
other supplies.
2. Special Grants: These grants are provided to the SLSAs and the DLSAs to undertake
specific projects, such as legal aid camps, legal awareness programs, and alternative
dispute resolution mechanisms.
3. Matching Grants: These grants are provided to the SLSAs and the DLSAs to match the
funds that they raise from other sources, such as the state government, the local bodies,
and the private sector.
The amount of grants that are provided to the SLSAs and the DLSAs is determined by the National
Legal Services Authority (NLSA). The NLSA takes into account the following factors in determining
the amount of grants:
1. The population of the state;
2. The number of cases filed by the poor and marginalized sections of the society;
3. The availability of resources in the state; and
4. The performance of the SLSAs and the DLSAs.
The grants are provided to the SLSAs and the DLSAs on a quarterly basis. The SLSAs and the
DLSAs are required to submit utilization certificates to the NLSA for the grants that they have
received.
The grants by the Central Government have been a major source of funding for the legal
services movement in India. These grants have helped to ensure that the poor and marginalized
sections of the society have access to free legal services.

National Legal Aid Fund

The National Legal Aid Fund (NDAL) is a corpus fund established by the Government of
India under the Legal Services Authorities Act, 1987. The fund is used to provide financial
assistance to the State Legal Services Authorities (SLSAs) and the District Legal Services
Authorities (DLSAs) to enable them to provide free legal services to the poor and marginalized
sections of the society.
The NDAL is funded by the following sources:
1. Grants from the Central Government;
2. Grants from the State Governments;
3. Contributions from the public; and
4. The income generated from investments made by the fund.
The NDAL is managed by the National Legal Services Authority (NLSA). The NLSA is responsible
for the following:
1. Issuing guidelines for the utilization of the fund;
2. Monitoring the utilization of the fund; and
3. Ensuring that the fund is used for the intended purpose.
The NDAL has been a major source of funding for the legal services movement in India. The fund
has helped to ensure that the poor and marginalized sections of the society have access to free
legal services.
Here are some of the specific activities that are funded by the NDAL:
1. Providing legal aid to the poor and marginalized sections of the society;
2. Conducting legal awareness programs;

Page 16 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

3. Promoting alternative dispute resolution mechanisms;

4. Strengthening the legal services infrastructure; and
5. Providing financial assistance to the SLSAs and the DLSAs.
The NDAL has helped to make significant progress in ensuring access to justice for the poor and
marginalized sections of the society. The fund has helped to increase the number of cases filed by
the poor and marginalized sections of the society, and it has also helped to improve the quality of
legal services that are available to them.
The NDAL is a valuable resource for the legal services movement in India. The fund is
helping to ensure that everyone has access to justice, regardless of their financial means.

State Legal Aid Fund

The State Legal Aid Fund (SLAF) is a corpus fund established by the State Governments
under the Legal Services Authorities Act, 1987. The fund is used to provide financial assistance to
the District Legal Services Authorities (DLSAs) to enable them to provide free legal services to the
poor and marginalized sections of the society.
The SLAF is funded by the following sources:
1. Grants from the Central Government;
2. Grants from the State Governments;
3. Contributions from the public; and
4. The income generated from investments made by the fund.
The SLAF is managed by the State Legal Services Authority (SLSA). The SLSA is responsible for the
following:
1. Issuing guidelines for the utilization of the fund;
2. Monitoring the utilization of the fund; and
3. Ensuring that the fund is used for the intended purpose.
The SLAF has been a major source of funding for the legal services movement in the states. The
fund has helped to ensure that the poor and marginalized sections of the society have access to
free legal services.
Here are some of the specific activities that are funded by the SLAF:
1. Providing legal aid to the poor and marginalized sections of the society;
2. Conducting legal awareness programs;
3. Promoting alternative dispute resolution mechanisms;
4. Strengthening the legal services infrastructure; and
5. Providing financial assistance to the DLSAs.
The SLAF has helped to make significant progress in ensuring access to justice for the poor and
marginalized sections of the society in the states. The fund has helped to increase the number of
cases filed by the poor and marginalized sections of the society, and it has also helped to improve
the quality of legal services that are available to them.
The SLAF is a valuable resource for the legal services movement in the states. The fund is
helping to ensure that everyone has access to justice, regardless of their financial means.

District Legal Aid Fund

The District Legal Aid Fund (DELF) is a corpus fund established by the District Legal
Services Authorities (DLSAs) under the Legal Services Authorities Act, 1987. The fund is used to
provide financial assistance to the poor and marginalized sections of the society to enable them to
access legal services.
The DELF is funded by the following sources:
1. Grants from the State Legal Services Authority (SLSA);
2. Grants from the District Administration;
3. Contributions from the public; and
4. The income generated from investments made by the fund.

Page 17 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

The DELF is managed by the District Legal Services Authority (DLSA). The DLSA is responsible for
the following:
1. Issuing guidelines for the utilization of the fund;
2. Monitoring the utilization of the fund; and
3. Ensuring that the fund is used for the intended purpose.
The DELF has been a major source of funding for the legal services movement in the districts. The
fund has helped to ensure that the poor and marginalized sections of the society have access to
free legal services.
Here are some of the specific activities that are funded by the DELF:
1. Providing legal aid to the poor and marginalized sections of the society;
2. Conducting legal awareness programs;
3. Promoting alternative dispute resolution mechanisms;
4. Strengthening the legal services infrastructure; and
5. Providing financial assistance to the legal aid centers.
The DELF has helped to make significant progress in ensuring access to justice for the poor and
marginalized sections of the society in the districts. The fund has helped to increase the number of
cases filed by the poor and marginalized sections of the society, and it has also helped to improve
the quality of legal services that are available to them.
The DELF is a valuable resource for the legal services movement in the districts. The fund
is helping to ensure that everyone has access to justice, regardless of their financial means.

Accounts and audit

The accounts and audit of the National Legal Services Authority (NLSA), the State Legal
Services Authorities (SLSAs), and the District Legal Services Authorities (DLSAs) are governed by
the Legal Services Authorities Act, 1987.
Section 18 of the Act states that the accounts of the NLSA, the SLSAs, and the DLSAs shall be
maintained in such form and manner as may be prescribed by the Central Government in
consultation with the Comptroller and Auditor-General of India.
The accounts of the NLSA, the SLSAs, and the DLSAs shall be audited by the Comptroller
and Auditor-General of India or by an auditor appointed by him. The audit report shall be
submitted to the NLSA, the SLSAs, and the DLSAs within six months of the close of the financial
year.
The NLSA, the SLSAs, and the DLSAs shall take steps to implement the recommendations of
the audit report.
The accounts and audit of the NLSA, the SLSAs, and the DLSAs are important for ensuring
the transparency and accountability of the legal services movement. The audit report helps to
ensure that the funds are used for the intended purpose and that there is no misuse of funds.
Here are some of the specific requirements of the Legal Services Authorities Act, 1987 regarding
accounts and audit:
1. The accounts of the NLSA, the SLSAs, and the DLSAs shall be maintained in a proper
manner and shall be audited by the Comptroller and Auditor-General of India or by an
auditor appointed by him.
2. The audit report shall be submitted to the NLSA, the SLSAs, and the DLSAs within six
months of the close of the financial year.
3. The NLSA, the SLSAs, and the DLSAs shall take steps to implement the recommendations of
the audit report.
4. The accounts and audit of the NLSA, the SLSAs, and the DLSAs shall be open to inspection
by the public.
The accounts and audit of the NLSA, the SLSAs, and the DLSAs are an important part of the legal
services movement. They help to ensure transparency and accountability, and they help to ensure
that the funds are used for the intended purpose.
Page 18 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

Organisation of Lok Adalats

The Legal Services Authorities Act, 1987, provides for the organization of Lok Adalats at three
levels:
1. National Level: The National Legal Services Authority (NLSA) is the apex body for the
organization of Lok Adalats at the national level. The NLSA is responsible for organizing
national Lok Adalats, which are held once a year.
2. State Level: The State Legal Services Authorities (SLSAs) are responsible for organizing
Lok Adalats at the state level. The SLSAs are also responsible for organizing special Lok
Adalats, which are held to deal with specific types of cases, such as cases involving women
or children.
3. District Level: The District Legal Services Authorities (DLSAs) are responsible for
organizing Lok Adalats at the district level. The DLSAs are also responsible for organizing
mobile Lok Adalats, which are held in rural areas to provide legal services to the people.
The Lok Adalats are presided over by a Lok Adalat Committee, which consists of a judicial officer,
a lawyer, and a social worker. The Lok Adalat Committee has the power to settle disputes by
compromise or arbitration. The decisions of the Lok Adalats are binding on the parties to the
dispute.
The Lok Adalats have been very successful in resolving disputes at the pre-litigation stage.
They have also helped to reduce the backlog of cases in the courts. The Lok Adalats have been a
valuable addition to the legal services movement in India.
Here are some of the specific provisions of the Legal Services Authorities Act, 1987
regarding the organization of Lok Adalats:
1. Lok Adalats can be organized at the national, state, and district levels.
2. Lok Adalats are presided over by a Lok Adalat Committee, which consists of a judicial
officer, a lawyer, and a social worker.
3. The Lok Adalat Committee has the power to settle disputes by compromise or arbitration.
4. The decisions of the Lok Adalats are binding on the parties to the dispute.
5. Lok Adalats are held regularly and can be held at any time.
6. Lok Adalats are free of cost to the parties to the dispute.
The Lok Adalats are an important part of the legal services movement in India. They have helped
to ensure that everyone has access to justice, regardless of their financial means.

Cognizance of cases by Lok Adalats

Here are the provisions of the Legal Services Authorities Act, 1987 regarding the
cognizance of cases by Lok Adalats:
1. Section 20: A Lok Adalat can take cognizance of any case pending before a court, tribunal
or other authority, if both parties to the dispute agree to refer the case to the Lok Adalat.
2. Section 22C: A Lok Adalat can also take cognizance of any case, even if one of the parties
does not agree to refer the case to the Lok Adalat, if the court, tribunal or other authority,
before which the case is pending, refers the case to the Lok Adalat.
The following are some of the specific cases that can be taken cognizance of by Lok Adalats:
1. Civil cases, such as cases of money lending, property disputes, and matrimonial disputes.
2. Criminal cases, such as cases of petty offences and cases where the accused is willing to
admit guilt.
3. Labour cases, such as cases of unfair dismissal and cases of non-payment of wages.
4. Consumer cases, such as cases of defective goods and cases of deficiency in service.
5. Any other case, which the Lok Adalat considers fit to take up.
The Lok Adalats have been very successful in resolving disputes at the pre-litigation stage. They
have also helped to reduce the backlog of cases in the courts. The Lok Adalats have been a
valuable addition to the legal services movement in India.

Page 19 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

Award of Lok Adalat

The award of a Lok Adalat is deemed to be a decree of a civil court. This means that the
award is final and binding on the parties to the dispute. The award of a Lok Adalat cannot be
challenged in any court of law.
The award of a Lok Adalat is made by a Lok Adalat Committee, which consists of a judicial
officer, a lawyer, and a social worker. The Lok Adalat Committee has the power to settle disputes
by compromise or arbitration.
The compromise is an agreement between the parties to the dispute, in which they agree to
settle their dispute amicably. The arbitration is a process in which the parties to the dispute agree
to refer their dispute to an arbitrator, who will make a decision on the dispute.
The award of a Lok Adalat is made after the Lok Adalat Committee has heard the
arguments of the parties to the dispute and has considered all the relevant evidence. The award is
made in writing and is signed by all the members of the Lok Adalat Committee.
The award of a Lok Adalat is a valuable tool for resolving disputes at the pre-litigation
stage. It is a quick, inexpensive, and informal way to resolve disputes. The award of a Lok Adalat is
also a fair way to resolve disputes, as it takes into account the interests of both parties to the
dispute.
Here are some of the benefits of the award of a Lok Adalat:
1. It is a quick and inexpensive way to resolve disputes.
2. It is an informal way to resolve disputes, which can be helpful for parties who are not
comfortable with the traditional court system.
3. It is a fair way to resolve disputes, as it takes into account the interests of both parties.
4. It helps to reduce the backlog of cases in the courts.
5. It helps to promote peace and harmony in society.
The award of a Lok Adalat is a valuable tool for ensuring access to justice for the poor and
marginalized sections of the society. It is a way to ensure that everyone has a fair chance to
resolve their disputes and to get justice.

Powers of Lok Adalat or Permanent Lok Adalat

The powers of Lok Adalat or Permanent Lok Adalat are as follows:
1. To determine and arrive at a compromise or settlement between the parties to a
dispute: This is the primary function of a Lok Adalat. The Lok Adalat Committee can try to
persuade the parties to the dispute to settle their dispute amicably. If the parties are able to
reach a settlement, the Lok Adalat will record the settlement in the form of an award.
2. To refer the case to arbitration: If the parties are unable to reach a settlement, the Lok
Adalat can refer the case to arbitration. Arbitration is a process in which the parties to the
dispute agree to refer their dispute to an arbitrator, who will make a decision on the
dispute.
3. To award compensation: If the parties are unable to reach a settlement and the case is
referred to arbitration, the arbitrator can award compensation to the parties. The amount
of compensation will be determined by the arbitrator, taking into account the facts of the
case and the law.
4. To dismiss the case: If the Lok Adalat is satisfied that there is no merit in the case, it can
dismiss the case.
The powers of a Lok Adalat are very wide. The Lok Adalat Committee has the power to settle
disputes of all kinds, including civil disputes, criminal disputes, and labour disputes. The Lok
Adalat Committee also has the power to award compensation to the parties.
The powers of a Lok Adalat are similar to the powers of a civil court. However, there are
some important differences. The Lok Adalat Committee is not bound by the rules of evidence and
procedure that apply to civil courts. This means that the Lok Adalat Committee can take into

Page 20 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

account factors that would not be admissible in a civil court, such as the social and economic
circumstances of the parties.
The Lok Adalat Committee is also not bound by the precedents that have been set by civil
courts. This means that the Lok Adalat Committee can make its own decisions on the law, without
being bound by what other courts have decided in the past.
The powers of a Lok Adalat are a valuable tool for resolving disputes at the pre-litigation
stage. The Lok Adalat Committee is able to settle disputes quickly, inexpensively, and informally.
The Lok Adalat Committee is also able to take into account the interests of both parties to the
dispute.
The powers of a Lok Adalat are a significant contribution to the legal system in India. They
help to ensure that everyone has access to justice, regardless of their financial means.

PRE-LITIGATION CONCILIATION AND SETTLEMENT Definitions

Here are some definitions of Pre-litigation Conciliation and Settlement:
1. Pre-litigation Conciliation: It is a process of resolving disputes outside of court, before
the case is filed. The parties to the dispute agree to meet with a mediator, who will help
them to reach a settlement.
2. Settlement: It is an agreement between the parties to a dispute, in which they agree to
resolve their dispute amicably. The settlement can be reached through mediation,
arbitration, or negotiation.
Pre-litigation Conciliation and Settlement can be a valuable tool for resolving disputes. It can help
to save time and money, and it can also help to avoid the stress and uncertainty of litigation.
Here are some of the benefits of Pre-litigation Conciliation and Settlement:
1. It is a faster and cheaper way to resolve disputes.
2. It is a more informal way to resolve disputes, which can be helpful for parties who are not
comfortable with the traditional court system.
3. It is a more flexible way to resolve disputes, as the parties can agree to terms that are
tailored to their specific needs.
4. It can help to preserve the relationship between the parties.
5. It can help to avoid the stress and uncertainty of litigation.
Pre-litigation Conciliation and Settlement is a voluntary process. The parties to the dispute must
agree to participate in the process. However, there are a number of organizations that can help to
facilitate Pre-litigation Conciliation and Settlement, such as mediation centers and arbitration
bodies.
If you are involved in a dispute, it is important to consider whether Pre-litigation
Conciliation and Settlement is an option for you. It can be a valuable tool for resolving disputes
and getting the outcome you want.

Establishment of Permanent Lok Adalats

The Permanent Lok Adalats (PLAs) were established under Section 22-B of the Legal
Services Authorities Act, 1987. The PLAs are intended to provide a mechanism for the conciliation
and settlement of disputes relating to Public Utility Services like transport, postal, telegraph, etc.
The PLAs are presided over by a Chairman and two other members, who are appointed by the
State Government. The Chairman of a PLA shall be a sitting or retired District Judge. One of the
other members shall be a lawyer of not less than ten years standing and the other member shall
be a person having experience in public utility services.
The PLAs have the power to:
1. Determine and arrive at a compromise or settlement between the parties to a dispute
relating to public utility services.
2. Refer the case to arbitration.
3. Award compensation to the parties.

Page 21 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

4. Dismiss the case.

The decisions of the PLAs are binding on the parties to the dispute. The PLAs are an important
mechanism for resolving disputes relating to public utility services. They help to provide a speedy
and inexpensive way to resolve disputes, and they also help to promote the interests of the
consumers.
The following are some of the specific provisions of the Legal Services Authorities Act, 1987
regarding the establishment of Permanent Lok Adalats:
1. PLAs can be established by the State Government in any area.
2. The Chairman and members of a PLA shall be appointed by the State Government.
3. The PLAs shall have the power to determine and arrive at a compromise or settlement
between the parties to a dispute relating to public utility services.
4. The decisions of the PLAs are binding on the parties to the dispute.
5. The PLAs shall function in accordance with the rules and procedures that are prescribed by
the State Government.
The PLAs are an important part of the legal services movement in India. They help to ensure that
everyone has access to justice, regardless of their financial means.

Cognizance of cases by Permanent Lok Adalat

Here are the provisions of the Legal Services Authorities Act, 1987 regarding the
cognizance of cases by Permanent Lok Adalats:
1. Section 22C(1): A Permanent Lok Adalat can take cognizance of any case pending before a
court, tribunal or other authority, if both parties to the dispute agree to refer the case to
the Permanent Lok Adalat.
2. Section 22C(2): A Permanent Lok Adalat can also take cognizance of any case, even if one
of the parties does not agree to refer the case to the Permanent Lok Adalat, if the court,
tribunal or other authority, before which the case is pending, refers the case to the
Permanent Lok Adalat.
The following are some of the specific cases that can be taken cognizance of by Permanent
Lok Adalats:
1. Civil cases, such as cases of money lending, property disputes, and matrimonial disputes.
2. Criminal cases, such as cases of petty offences and cases where the accused is willing to
admit guilt.
3. Labour cases, such as cases of unfair dismissal and cases of non-payment of wages.
4. Consumer cases, such as cases of defective goods and cases of deficiency in service.
5. Any other case, which the Permanent Lok Adalat considers fit to take up.
The Permanent Lok Adalats have been very successful in resolving disputes at the pre-litigation
stage. They have also helped to reduce the backlog of cases in the courts. The Permanent Lok
Adalats have been a valuable addition to the legal services movement in India.

Procedure of Permanent Lok Adalat

The procedure of Permanent Lok Adalat is governed by the Legal Services Authorities Act,
1987 and the rules and procedures that are prescribed by the State Government.
The following are the main steps involved in the procedure of Permanent Lok Adalat:
1. Filing of an application: An application can be filed by either party to the dispute in the
Permanent Lok Adalat. The application must be accompanied by a fee, which is usually
nominal.
2. Pre-conciliation conference: The Permanent Lok Adalat will hold a pre-conciliation
conference with the parties to the dispute. The purpose of the pre-conciliation conference
is to try to resolve the dispute amicably.
3. Conciliation proceedings: If the dispute is not resolved at the pre-conciliation conference,
the Permanent Lok Adalat will conduct conciliation proceedings. The conciliation
Page 22 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

proceedings are conducted by the Chairman of the Permanent Lok Adalat or by one of the
other members.
4. Award: If the dispute is resolved at the conciliation proceedings, the Permanent Lok Adalat
will make an award. The award is binding on the parties to the dispute.
5. Appeal: The award of the Permanent Lok Adalat can be appealed to the High Court.
The procedure of Permanent Lok Adalat is designed to be informal and quick. The Permanent Lok
Adalats are intended to provide a speedy and inexpensive way to resolve disputes.
Here are some of the specific provisions of the Legal Services Authorities Act, 1987
regarding the procedure of Permanent Lok Adalats:
1. The Permanent Lok Adalat shall conduct conciliation proceedings in a manner that is
informal and expeditious.
2. The Permanent Lok Adalat shall not be bound by the Code of Civil Procedure, 1908 or the
Indian Evidence Act, 1872.
3. The award of the Permanent Lok Adalat shall be final and binding on the parties to the
dispute.
4. The award of the Permanent Lok Adalat can be appealed to the High Court.
The procedure of Permanent Lok Adalats is a valuable tool for resolving disputes. It is a quick,
inexpensive, and informal way to resolve disputes. The procedure of Permanent Lok Adalats is
also a fair way to resolve disputes, as it takes into account the interests of both parties to the
dispute.

Award of Permanent Lok Adalat to be final.

The award of a Permanent Lok Adalat is final and binding on the parties to the dispute.
This means that the award cannot be challenged in any court of law.
The award of a Permanent Lok Adalat is made under Section 22-E of the Legal Services
Authorities Act, 1987. Section 22-E(1) states that the award of a Permanent Lok Adalat shall be
final and binding on the parties to the dispute.
The award of a Permanent Lok Adalat is final and binding for the following reasons:
1. The Permanent Lok Adalat is a statutory body, and its awards are given under the
authority of law.
2. The Permanent Lok Adalat is presided over by a judicial officer, who is impartial and
independent.
3. The Permanent Lok Adalat follows a fair and transparent procedure in making its awards.
4. The parties to the dispute have agreed to be bound by the award of the Permanent Lok
Adalat.
The award of a Permanent Lok Adalat is a valuable tool for resolving disputes. It is a quick,
inexpensive, and informal way to resolve disputes. The award of a Permanent Lok Adalat is also a
fair way to resolve disputes, as it takes into account the interests of both parties to the dispute.
If you are involved in a dispute, it is important to consider whether Permanent Lok Adalat
is an option for you. It can be a valuable tool for resolving disputes and getting the outcome you
want.

Members and staff of Authorities, Committees and Lok Adalats to be public servants
The members and staff of the Authorities, Committees and Lok Adalats are deemed to be
public servants under the Legal Services Authorities Act, 1987. This means that they are entitled
to the same protection as other public servants, such as immunity from civil suits and prosecution
for acts done in good faith.
Section 28 of the Legal Services Authorities Act, 1987 states that:
"Every member of the Authority, every member of a Committee and every person
appointed to perform any function under this Act shall be deemed to be a public servant within
the meaning of section 21 of the Indian Penal Code."
Page 23 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

The Indian Penal Code, 1860 defines a public servant as:

"(i) a person who is in the service or pay of the Government, or (ii) a person who holds an
office by virtue of which he is empowered to perform any public duty, or (iii) a person who is
authorised by the Government to perform any public duty."
The members and staff of the Authorities, Committees and Lok Adalats are deemed to be
public servants because they are performing public duties. They are appointed by the Government
to provide legal aid to the poor and marginalized sections of the society. They are also responsible
for organizing Lok Adalats, which are alternative dispute resolution mechanisms that help to
resolve disputes quickly and inexpensively.
The fact that the members and staff of the Authorities, Committees and Lok Adalats are
deemed to be public servants gives them certain protections. For example, they are immune from
civil suits and prosecution for acts done in good faith. This means that they cannot be sued for
damages if they make a mistake in the course of their work, as long as they acted in good faith.
They can also be prosecuted for criminal offences only if they acted with mala fide intentions.
The protection given to the members and staff of the Authorities, Committees and Lok
Adalats is necessary to ensure that they can perform their duties without fear of reprisal. It is also
necessary to ensure that the public can have confidence in the legal aid system.

Protection of action taken in good faith

There is a protection for action taken in good faith. This means that a person cannot be
held liable for damages if they act in good faith, even if their actions turn out to be wrong.
The protection for action taken in good faith is based on the principle of equity, which
means that the law should be fair and just. It is also based on the principle of reasonableness,
which means that people should not be held liable for things that they could not reasonably have
foreseen.
The protection for action taken in good faith is available in a variety of situations,
including:
1. When a person makes a mistake in the course of their work.
2. When a person acts on the advice of a professional, such as a lawyer or doctor.
3. When a person acts in an emergency.
4. When a person acts in self-defense.
The protection for action taken in good faith is not absolute. There are some situations in which a
person can still be held liable for damages, even if they acted in good faith. For example, a person
can be held liable if they act with reckless disregard for the rights of others.
The protection for action taken in good faith is an important principle of the law. It helps to
ensure that people are not discouraged from taking action, even if there is a risk that they may
make a mistake. It also helps to ensure that people are not held liable for things that they could
not reasonably have foreseen.

Act to have overriding effect

The Legal Services Authorities Act, 1987 has overriding effect. This means that the
provisions of the Act will prevail over any other law, if there is any inconsistency between the two.
Section 25 of the Legal Services Authorities Act, 1987 states that:
"The provisions of this Act shall have effect notwithstanding anything inconsistent
therewith contained in any other law for the time being in force."
This means that the provisions of the Legal Services Authorities Act, 1987 will prevail over
any other law, even if the other law was enacted earlier. This is because the Legal Services
Authorities Act, 1987 is a special law, and special laws always prevail over general laws.
The overriding effect of the Legal Services Authorities Act, 1987 is necessary to ensure that
the objectives of the Act can be achieved. The Act aims to provide free and competent legal

Page 24 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

services to the poor and marginalized sections of the society. This objective would be difficult to
achieve if the provisions of the Act could be overridden by other laws.
The overriding effect of the Legal Services Authorities Act, 1987 has been upheld by the
courts. In the case of State of Madhya Pradesh v. National Legal Services Authority, the Supreme
Court of India held that the provisions of the Legal Services Authorities Act, 1987 would prevail
over any other law, even if the other law was enacted earlier.
The overriding effect of the Legal Services Authorities Act, 1987 is an important principle
of the law. It helps to ensure that the objectives of the Act can be achieved and that the poor and
marginalized sections of the society can get access to justice.

Power to remove difficulties

The National Legal Services Authority (NLSA) has the power to remove difficulties in
implementing the Legal Services Authorities Act, 1987. Section 29 of the Act states that:
"The Authority may, by notification in the Official Gazette, make rules for carrying out the
provisions of this Act."
The rules made by the NLSA under Section 29 of the Act are called the Legal Services
Authorities Rules, 1994. The Legal Services Authorities Rules, 1994 provide detailed provisions
for the implementation of the Legal Services Authorities Act, 1987.
The NLSA also has the power to issue directions to remove difficulties in implementing the
Legal Services Authorities Act, 1987. Section 30 of the Act states that:
"If any difficulty arises in giving effect to the provisions of this Act, the Central Government
may, by order published in the Official Gazette, make such provisions, not inconsistent with the
provisions of this Act, as may appear to be necessary for the purpose of removing the difficulty."
The power to issue directions to remove difficulties is a discretionary power. The NLSA will
only issue directions if it is satisfied that there is a real difficulty in implementing the provisions of
the Act.
The power to issue directions to remove difficulties is an important power. It helps to
ensure that the provisions of the Legal Services Authorities Act, 1987 can be implemented
effectively.
The NLSA has issued a number of directions to remove difficulties in implementing the
Legal Services Authorities Act, 1987. For example, the NLSA has issued directions on the
following:
1. The appointment of legal aid counsel.
2. The payment of fees to legal aid counsel.
3. The provision of legal aid services in rural areas.
4. The establishment of legal aid clinics.
The directions issued by the NLSA have helped to ensure that the provisions of the Legal Services
Authorities Act, 1987 can be implemented effectively and that the poor and marginalized sections
of the society can get access to justice.

Power of Central Government to make rules

The Central Government has the power to make rules under the Legal Services Authorities
Act, 1987. Section 49A of the Act states that:
"The Central Government may, by notification in the Official Gazette, make rules for
carrying out the purposes of this Act including rules with respect to any matter for which
provision is made by this Act."
The rules made by the Central Government under Section 49A of the Act are called the
Legal Services Authorities (Central) Rules, 1995. The Legal Services Authorities (Central) Rules,
1995 provide detailed provisions for the implementation of the Legal Services Authorities Act,
1987.

Page 25 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

The rules made by the Central Government under Section 49A of the Act are binding on all
the authorities and bodies established under the Legal Services Authorities Act, 1987. The rules
also bind the lawyers and other professionals who are appointed to provide legal aid under the
Act.
The rules made by the Central Government under Section 49A of the Act are subject to the
provisions of the Legal Services Authorities Act, 1987. This means that the rules cannot override
the provisions of the Act.
The rules made by the Central Government under Section 49A of the Act are an important
part of the Legal Services Authorities Act, 1987. They help to ensure that the Act can be
implemented effectively and that the poor and marginalized sections of the society can get access
to justice.
Here are some of the specific provisions of the Legal Services Authorities (Central) Rules,
1995:
1. The appointment of the Chairman and other members of the National Legal Services
Authority.
2. The functions of the National Legal Services Authority.
3. The establishment of State Legal Services Authorities and District Legal Services
Authorities.
4. The functions of the State Legal Services Authorities and District Legal Services Authorities.
5. The provision of legal aid services.
6. The payment of fees to legal aid counsel.
The Legal Services Authorities (Central) Rules, 1995 have been amended several times to keep
them up-to-date with the changing needs of the legal aid system. The latest amendment to the
rules was made in 2016.

Power of State Government to make rules

The State Government has the power to make rules under the Legal Services Authorities
Act, 1987. Section 50 of the Act states that:
"The State Government may, by notification in the Official Gazette, make rules for carrying
out the purposes of this Act in the State."
The rules made by the State Government under Section 50 of the Act are called the Legal
Services Authorities (State) Rules, 1996. The Legal Services Authorities (State) Rules, 1996
provide detailed provisions for the implementation of the Legal Services Authorities Act, 1987 in
the State.
The rules made by the State Government under Section 50 of the Act are binding on all the
authorities and bodies established under the Legal Services Authorities Act, 1987 in the State. The
rules also bind the lawyers and other professionals who are appointed to provide legal aid under
the Act in the State.
The rules made by the State Government under Section 50 of the Act are subject to the
provisions of the Legal Services Authorities Act, 1987. This means that the rules cannot override
the provisions of the Act.
The rules made by the State Government under Section 50 of the Act are an important part
of the Legal Services Authorities Act, 1987. They help to ensure that the Act can be implemented
effectively in the State and that the poor and marginalized sections of the society in the State can
get access to justice.
Here are some of the specific provisions of the Legal Services Authorities (State) Rules,
1996:
1. The appointment of the Chairman and other members of the State Legal Services Authority.
2. The functions of the State Legal Services Authority.
3. The establishment of District Legal Services Authorities.
4. The functions of the District Legal Services Authorities.

Page 26 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

5. The provision of legal aid services in the State.

6. The payment of fees to legal aid counsel in the State.
The Legal Services Authorities (State) Rules, 1996 have been amended several times to keep them
up-to-date with the changing needs of the legal aid system in the States. The latest amendment to
the rules was made in 2016.

Power of Central Authority to make regulations

The Central Authority has the power to make regulations under the Legal Services
Authorities Act, 1987. Section 51 of the Act states that:
“The Central Authority may, by notification in the Official Gazette, make regulations for
carrying out the purposes of this Act.”
The regulations made by the Central Authority under Section 51 of the Act are called the
Legal Services Authorities (Central) Regulations, 2016. The Legal Services Authorities (Central)
Regulations, 2016 provide detailed provisions for the implementation of the Legal Services
Authorities Act, 1987.
The regulations made by the Central Authority under Section 51 of the Act are binding on
all the authorities and bodies established under the Legal Services Authorities Act, 1987. The
regulations also bind the lawyers and other professionals who are appointed to provide legal aid
under the Act.
The regulations made by the Central Authority under Section 51 of the Act are subject to
the provisions of the Legal Services Authorities Act, 1987. This means that the regulations cannot
override the provisions of the Act.
The regulations made by the Central Authority under Section 51 of the Act are an
important part of the Legal Services Authorities Act, 1987. They help to ensure that the Act can be
implemented effectively and that the poor and marginalized sections of the society can get access
to justice.
Here are some of the specific provisions of the Legal Services Authorities (Central)
Regulations, 2016:
1. The form and manner of application for legal aid.
2. The conditions for eligibility for legal aid.
3. The manner of appointment of legal aid counsel.
4. The payment of fees to legal aid counsel.
5. The procedure for conducting legal aid cases.
6. The manner of disposal of legal aid cases.
The Legal Services Authorities (Central) Regulations, 2016 have been amended several times to
keep them up-to-date with the changing needs of the legal aid system. The latest amendment to
the regulations was made in 2022.

Power of State Authority to make regulations

The State Authority also has the power to make regulations under the Legal Services
Authorities Act, 1987. Section 52 of the Act states that:
“The State Authority may, by notification in the Official Gazette, make regulations for carrying out
the purposes of this Act in the State.”
The regulations made by the State Authority under Section 52 of the Act are called the
Legal Services Authorities (State) Regulations, 2016. The Legal Services Authorities (State)
Regulations, 2016 provide detailed provisions for the implementation of the Legal Services
Authorities Act, 1987 in the State.
The regulations made by the State Authority under Section 52 of the Act are binding on all
the authorities and bodies established under the Legal Services Authorities Act, 1987 in the State.
The regulations also bind the lawyers and other professionals who are appointed to provide legal
aid under the Act in the State.
Page 27 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

The regulations made by the State Authority under Section 52 of the Act are subject to the
provisions of the Legal Services Authorities Act, 1987. This means that the regulations cannot
override the provisions of the Act.
The regulations made by the State Authority under Section 52 of the Act are an important
part of the Legal Services Authorities Act, 1987. They help to ensure that the Act can be
implemented effectively in the State and that the poor and marginalized sections of the society in
the State can get access to justice.
Here are some of the specific provisions of the Legal Services Authorities (State)
Regulations, 2016:
1. The form and manner of application for legal aid.
2. The conditions for eligibility for legal aid.
3. The manner of appointment of legal aid counsel.
4. The payment of fees to legal aid counsel.
5. The procedure for conducting legal aid cases.
6. The manner of disposal of legal aid cases.
The Legal Services Authorities (State) Regulations, 2016 have been amended several times to
keep them up-to-date with the changing needs of the legal aid system in the States. The latest
amendment to the regulations was made in 2022.

Laying of rules and regulations

The laying of rules and regulations is the process by which a government body makes its
rules and regulations public. This is usually done by publishing the rules and regulations in the
official gazette.
The Legal Services Authorities Act, 1987 requires the National Legal Services Authority
(NLSA) and the State Legal Services Authorities (SLSAs) to lay their rules and regulations before
Parliament and the State Legislatures respectively. This is done to ensure that the public is aware
of the rules and regulations that govern the legal aid system.
The rules and regulations made by the NLSA and the SLSAs are binding on all the
authorities and bodies established under the Legal Services Authorities Act, 1987. The regulations
also bind the lawyers and other professionals who are appointed to provide legal aid under the
Act.
The rules and regulations made by the NLSA and the SLSAs are subject to the provisions of
the Legal Services Authorities Act, 1987. This means that the regulations cannot override the
provisions of the Act.
The laying of rules and regulations is an important part of the legal aid system. It helps to
ensure that the rules and regulations are transparent and accessible to the public. It also helps to
ensure that the rules and regulations are consistent with the provisions of the Legal Services
Authorities Act, 1987.
Here are some of the specific provisions of the Legal Services Authorities Act, 1987
regarding the laying of rules and regulations:
1. Section 29: The NLSA may, by notification in the Official Gazette, make rules for carrying
out the provisions of this Act.
2. Section 51: The Central Authority may, by notification in the Official Gazette, make
regulations for carrying out the purposes of this Act.
3. Section 52: The State Authority may, by notification in the Official Gazette, make
regulations for carrying out the purposes of this Act in the State.
The rules and regulations made by the NLSA, the Central Authority, and the SLSAs are available on
the websites of these bodies.

Page 28 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

Module II
2.1. The Arbitration and Conciliation Act, 1996
ADR means Alternative Dispute Resolution which includes various methods of settling a
dispute without getting into the intricacies of the court. It is a method where parties try to resolve
their disputes privately in front of a third-person expert. The decision is binding on the parties
like the decision of the court. It includes methods like arbitration, mediation, conciliation and
negotiation. These work on the principles of justice, legal aid and speedy trial as given
under Article 39A of the Indian Constitution. Even Section 89 of the Code of Civil Procedure,
1908 provides settling disputes by way of ADR. The proceedings are flexible and creative. It
provides satisfying solutions with reduced cost and time and thus, is an emerging field in Law. The
Parliament felt the need and passed an act regarding this matter. The article deals with an act on
arbitration and conciliation known as Arbitration and Conciliation Act, 1996. It lays out the object,
extent and applicability and discusses the important provisions under the Act.
Applicability of the Arbitration and Conciliation Act, 1996
The Act applies to the whole of India but Part I, Part II, Part III and Part IV will extend to
Jammu and Kashmir only if they relate to international commercial arbitration or conciliation. The
Act was enforced on 22nd August 1996 but the ordinance was promulgated by the President on
16th January 1996. The other two ordinances i.e., Arbitration and Conciliation ordinances were
passed on 26th March and 21st June 1996 respectively.
Objectives of the Arbitration and Conciliation Act, 1996
Earlier, the law on arbitration was dealt with under 3 acts which eventually became
outdated. As a result of which the bodies of trade and industry and experts of arbitration
demanded and proposed amendments to make the Act responsive and at par with the needs of the
society. It was felt that the economic reforms in the country can only be dealt with if domestic and
international commercial disputes and their settlement are not outside the purview of such
reforms. The United Nations in 1985 adopted the Model Law on International Arbitration and
Conciliation and asked all the countries to give due importance to it. This resulted in the
enforcement of the said Act. The various objectives of the Act are:
1. Cover international and domestic commercial arbitration and conciliation
comprehensively.
2. Make a procedure which is fair, efficient and capable of meeting the needs of the society for
arbitration and conciliation.
3. Provides reasons by the tribunal for granting any arbitral award.
4. Ensure that the tribunal does not exercise its jurisdiction beyond the limits.
5. Minimise the role of courts and reduce the burden on the judiciary.
6. It permits the tribunal to opt for arbitration and conciliation as a method of dispute
settlement.
7. It makes sure that every award is enforced in the same manner as the decree of the court.
8. It provides that the conciliation agreement reached by the parties has the same effect as
the award granted by an arbitral tribunal.
9. It also works on the enforcement of foreign awards.
Scheme of the Arbitration and Conciliation Act, 1996
The Act is divided into four parts:
1. Part I (Sections 2-43) – Applies to the place of arbitration in India. The award granted is
treated as a domestic award.
2. Part II (Sections 44-60) – Enforcement of foreign awards.
3. Part III (Sections 61-81) – Conciliation
4. Part IV (Sections 82-86) – Supplementary provisions
It contains three schedules:
1. Schedule I – Convention on the recognition of foreign awards of arbitration.
2. Schedule II – Protocol to be followed on arbitration clauses.

Page 29 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

3. Schedule III – Convention for the execution of foreign arbitral awards.

Definitions under the Arbitration and Conciliation Act, 1996

Section 2 of the Act gives various definitions of some important terms given in the Act. These are:
1. Arbitration – Section 2 (1)(a) of the Act defines arbitration as to any arbitration which is
either administered or not by a permanent arbitral institution.
2. Arbitration agreement – Section 2(1)(b) of the Act says that for arbitration
agreement Section 7 of the Act must be referred.
3. Arbitral award – this has not been defined clearly in Section 2(1)(c) but mentions that it
includes interim award.
4. Arbitral tribunal – it means a sole arbitrator or panel of arbitrators who help in
arbitration. (Section 2(1)(d))
5. Courts – Section 2(1)(e) defines courts. It includes civil courts having original
jurisdiction in a district and the High Court having jurisdiction to decide issues related to
the subject matter of the arbitration.
6. International commercial arbitration – defined under Section 2(1)(f). It means
arbitration in disputes arising out of a legal relationship, whether contractual or not and
where one party is a national of another country, a body corporate in another country,
company under the control of any other country or government of a foreign country.

Legal analysis of the Arbitration and Conciliation Act, 1996

Arbitration (Part I)
It is defined under Section 2 (1)(a) of the Act. It is an alternative to litigation in courts and
is advantageous as it provides flexibility and confidentiality. According to Black Law Dictionary, it
means a method of resolving disputes which includes two parties and a neutral third party whose
decision is binding on both parties.
Section 8 of the Act talks about the powers of any judicial authority to refer a case to
arbitration. It must be followed by an arbitration agreement. The Hon’ble Supreme Court in the
case of P. Anand Gajapati Raju v. P.V.G Raju (2000) gave certain requirements necessary for
referring parties to arbitration:
• An arbitration agreement must be there.
• A party must bring an action in court against others.
• The subject matter must be the same as in arbitration.
• One party demands arbitration in court.
In another case of Booz Allen and Hamilton Inc. v. SBI Home Finance Ltd. (2011), it was held that
there is no time limit to file an application but it should be filed before submission of the first
statement related to the dispute. Further, Section 9 provides that the parties to arbitration may at
any time refer to the court for interim measures.
Types of Arbitration
1. Domestic arbitration – It means that the proceedings of arbitration will take place as
per Indian laws and be subject to Indian jurisdiction.
2. International and commercial arbitration – This is done in cases involving disputes
out of a legal relationship where one of the parties is a foreign national, body corporated
in some other country, a company or group which is under the control of some other
country and government of a foreign country.
3. Institutional arbitration – It is administered by arbitration institutions like the Indian
Council of Arbitration, the International Centre for Alternative Dispute Resolution
(ICADR) etc.
4. Statutory arbitration – some acts provide for the resolution of disputes by arbitration.
In case there is any inconsistency between any Act and Part I of the Arbitration Act then
the provisions given in that Act will prevail.
Page 30 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

5. Ad hoc arbitration – It means an arbitration where parties agree without any

assistance from the Arbitral tribunal.
6. Fast track arbitration – It is also called documentary arbitration. The arbitration
proceedings are very fast and time-saving. It is solely based on the claim statement by
one party and its written reply by another.
7. Look–sniff arbitration – It is a combination of an arbitral process and the opinion of an
expert. There are no formal submissions and hearings under this.
8. Flip–flop arbitration – It is also called pendulum arbitration. The parties in this type of
arbitration create the cases before and then invite the arbitrator to decide any one of the
two options.
Advantages of arbitration
• A person appointed as arbitrator is based on the whims of the parties.
• If parties agree only then an arbitral tribunal is taken into matter.
• It is inexpensive and saves time.
• It ensures a fair trial.
• Gives freedom to the parties from judicial intervention.
• Parties choose the place of arbitration themselves (Section 20).
• The proceedings are kept private and confidentiality is maintained.
• The arbitral award is enforced in the same way a decree of the court is enforced.
Disadvantages of arbitration
• It does not always guarantee an expeditious resolution.
• The procedure is at times uncertain.
• It cannot give remedies like punishment, imprisonment, injunction, etc. which are given
in courts.
• Due to flexibility, it is ineffective.
• The method cannot be easily used in disputes involving multiple parties.

Cases not referred to arbitration

Generally, cases of civil rights where the remedy is the damages are referred to arbitration
but Section 2(3) of the Act gives the list of such cases which cannot be submitted to arbitration.
These are:
• Winding up proceedings of any company. (Haryana Telecom Ltd. v. Sterlite Industries
(1999);
• Disputes that have to be determined by any particular tribunal as the law may provide;
• Proceedings related to insolvency;
• Probate proceedings;
• Question of will and genuineness;
• Guardianship matters;
• Succession disputes;
• Disputes related to immovable property;
• Illegal transaction cases;
• Proceeding under Section 145 of the Code of Criminal Procedure; and
• A criminal case cannot be referred to arbitration;

Arbitral tribunals
Composition of tribunals
It is the creation of an agreement which conforms with the law. Section 10 of the Act
enables the parties to determine freely the number of arbitrators to settle their dispute. The only
restriction is that the number of such arbitrators must not be even. If the parties are not able to
decide then there will be only 1 arbitrator. But if there are even number of arbitrators then the

Page 31 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

agreement cannot be held invalid merely on this ground. (Narayan Prasad Lohia v. Nikunj Kumar
Lohia, 2002)

Procedure for appointment of arbitrators

Further, Section 11 of the Act provides the procedure for the appointment of arbitrators.
The valid requirements for any such appointment are:
• Party must give proper notice of appointment to the other party. If it does not do so, the
appointment is held invalid.
• A person appointed as an arbitrator must be duly informed and his consent must be
taken.
• The consent must be obtained before finalising his appointment.
It also says that if the parties fail to appoint an arbitrator within 30 days of the request or if two
arbitrators are appointed and not the third one, then the appointment will be made by Chief
Justice or any person on his behalf designated by him but with the prior request of the parties.

Termination of arbitrator
The grounds for termination are given under Section 14 and Section 15 of the Act. These are:
• If he is not able to perform his functions without undue delay (whether de jure or de
facto),
• If he withdraws or is terminated by the parties,
• He shall be terminated where he withdraws himself or by agreement of the parties.
• On his termination, a substitute arbitrator will be appointed as per Section 15.

Jurisdiction
Section 16 of the Act provides that the tribunal will act in its jurisdiction. If the arbitral
tribunal has no jurisdiction then a plea will be raised but not later than when the statement of
defence is submitted. It also provides that in case a party is not satisfied with the arbitral award, it
can make an application to set it aside according to Section 34 of the Act. The Supreme Court in
the case of Centrotrade Minerals and Metals v. Hindustan Copper Ltd. (2006), held that any issue
related to the jurisdiction can be raised by people in the proceedings or anyone from outside. But
if it is made by the party then it must be done during the proceedings or at the initial stage.
Arbitral award
It is a final determination of a claim or a part of it or a counter-claim awarded by the
arbitral tribunal. It must be written and duly signed by the members of the arbitral tribunal as
given under Section 31 of the Act. The Section further gives the power to the tribunal to make
interim awards for any matter. In case of payment of money, it can award the interest which
seems reasonable, just and fair to the tribunal.
Section 32 of the Act empowers the arbitral tribunal to terminate the proceedings by
making a final arbitral award. The procedure for any correction in the award or its interpretation
is given under Section 33 of the Act. It also gives the power to the tribunal or the arbitrator to
amend, correct or remove any errors of any kind within 30 days but is silent on judicial review.
The tribunals cannot exercise their jurisdiction beyond whatever has been mentioned in this
section.

Types of arbitral awards

1. Interim award – It is the determination of any issue arising out of the main dispute. It is
a temporary arrangement to satisfy a party and is subject to the final award.
2. Additional award – According to Section 33 of the Act, if the parties find that certain
claims have been missed out by the arbitral tribunal and they were present in the
proceedings then it can after notifying other parties, make a request to the arbitral
tribunal to make an additional award and cover the claims which have been left.
Page 32 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

3. Settlement awards – It is made if the parties agree on certain terms of the settlement.
As per Section 30 of the Act, the arbitral tribunal may use any method of dispute
resolution like mediation, conciliation or negotiation to bring a settlement between the
parties.
4. Final award – It is an award which finally determines all the issues in a dispute. It is
conclusive unless set aside by courts and binding on the parties.

Recourse against arbitral awards

Under Section 34 of the Act, a party if not satisfied can make an application to set aside the
award granted by an arbitral tribunal. The time limit to make such an application is not more than
3 months from the date the arbitral award was made. The grounds are:
• Incapacity of parties.
• Non-existence of the agreement of arbitration.
• Did not follow the due process.
• Error on the part of the arbitral tribunal to exercise its jurisdiction.
• Improper composition of the arbitral tribunal.
• The subject matter is not capable of being referred to arbitration.
• It is against public policy.
• Fraud or corruption.
Section 37 of the Act provides that if a person is not satisfied with the order passed by the
tribunal, he/she can appeal to the court. However, there are no provisions for a second appeal
once an appeal has been made. In the case of Pandey and Co. Builders Pvt. Ltd. v. State of Bihar
(2007), it was held that the appellate authority in any case which is referred to arbitration must be
decided from the definition of court given under Section 2 of the Act.

Foreign awards (Part II)

Foreign awards are given in the disputes arising out of some legal relations which can either
be contractual or not and are considered under any commercial law of the country. In simple
terms, it means the awards given in International commercial arbitration. Foreign awards are
granted in foreign countries and are enforceable in India under the Act. It is divided into two
chapters:
1. The New York Convention (1958)
2. The Geneva Convention (1927)
The foreign award related to the New York Convention is given under Section 44 of the Act and
that related to the Geneva Convention under Section 53 of the Act. The conditions to enforce these
awards in the country are given under Section 48 and Section 57 of the Act respectively.

Conciliation (Part III)

It is a process in which a third party helps the parties in dispute to resolve it by way of
agreement. The person authorised to do so is called a Conciliator. He may do it by giving his
opinion regarding the dispute to help parties reach a settlement. In other words, it is a
compromise settlement between the parties.
Features of conciliation
• The person assisting the parties to come to a compromise is called a conciliator.
• Conciliators give their opinion regarding the dispute.
• The process of conciliation is voluntary.
• It is a non-binding process.
• The main difference between arbitration and conciliation is that, unlike arbitration, the
parties in this process control the whole procedure and the outcome.
• It is a consensual party and the desired outcome is the final settlement between the
parties based on their wishes, terms and conditions.
Page 33 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

• A conciliator can become an arbitrator on the wish of the parties if no compromise could
be reached by the process of conciliation. This is known as Hybrid Conciliation.
• The settlement agreement will have the same importance and status as the arbitration
award. (Section 74)

Proceedings of Conciliation under the Act

• Section 62 of the Act provides that in order to initiate the conciliation proceedings one
party to the dispute has to invite the other party in writing for conciliation. However,
there will be no proceedings if the other to whom notice/invitation is sent, reject it or
does not reply.
• The general rule states that there must be one conciliator but in the case of more than
one conciliator they have to function together with each other as per Section 63 of the
Act.
• The appointment of the conciliator like an arbitrator will be done by the parties
themselves under Section 64 of the Act.
• A party according to Section 65 of the Act is under an obligation to submit in writing the
nature of the dispute and all the necessary information related to it to the conciliator.
• The proceeding can be terminated following any of the procedures given under Section
78 of the Act.

Role of conciliator
It is mentioned under Section 67 of the Act:
• He must be independent and impartial.
• He must assist the parties to come to a settlement.
• He is not bound by the procedure given under the Code of Civil Procedure, 1908.
• He must adhere to the principles of fairness and justice.
Supplementary provisions (Part IV)
• Section 82 empowers the High Court to make rules relating to any provision of the Act.
• The Central Government has the power to remove any kind of difficulties and make
rules in the Act as per Section 83 and Section 84 respectively.
• There were 3 Acts dealing with the arbitration in India which have now been repealed
by the Act of 1996. These were:
o The Indian Arbitration Act, 1940
o The Arbitration (Protocol and Convention) Act, 1937
o Foreign Awards (Recognition and Enforcement) Act, 1961

Landmark case laws

Haryana Space Application Centre (HARSAC) v. Pan India Consultants Pvt. Ltd. (2021)
Facts of the case
In this case, an application was filed under Section 29 A(4) of the Act wherein it was stated
that the decision of the arbitral tribunal was ready to be pronounced by the authorities. Also, the
required cost was paid to the tribunal. On this, the other party argued that the application must be
denied on the ground that it lacks reasons for extension under the Section. However, the argument
was rejected and an extension of 3-months was granted. HARSAC in a response filed a revision in
the High Court. But it again granted a four-month extension. To this, a special writ application was
filed to the Supreme Court.
Issue involved in the case
Whether the extension be given to the party or not?
Judgement of the Court
It was ruled by the court that the clause given in Section 12 is obligatory when it is dealt
together with the Schedule of the Act. It was also held that the Principal Secretary is not qualified
Page 34 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

to be an arbitrator. If been the one, he would probably influence HARSAC. The court also directed
to appoint another arbitrator who will continue the proceedings and help them come to an
agreement within 6 months.

Indus Biotech Pvt. Ltd. v. Kotak India Venture Fund (2021)

Facts of the case
Indus Biotech issued some preference shares which are convertible at the option to funds
of Kotak India. A clause was added in the agreement of shareholders but they could not agree on
how to convert these shares into paid-up equity shares. As a result, Kotak India filed an
application when the other party failed to redeem those shares.
Issue involved in the case
Whether the subject matter of the dispute falls in those that could be referred to
arbitration if the case is pending in NCLT?
Judgement of the Court
The Supreme Court opined that the case cannot be referred to arbitration if the process is
in rem. It further stated that if any proceedings are pending before NCLT under Section 7 of IBC,
then any application under the Arbitration and Conciliation Act, 1996 will not be entertained. In
the instant case, the Supreme Court held that the decision of NCLT was reasonable and
the case (Indus Biotech Pvt. Ltd. v. Kotak India Venture Fund, 2021) was successfully referred to
an arbitral tribunal.

Oriental Structural Engineers Pvt. Ltd. v. State of Kerala (2021)

Facts of the case
In this case, there was a contract to upgrade the segments of roads. The contractor
demanded extra interest for any late payment. But in the letter, there was no such provision of any
interest on late payments.
Issue involved in the case
Whether the contractor must get such interest even when it is not mentioned in the letter?
Judgement of the Court
The Supreme Court held that if the tribunal wishes, it can grant interest as a compensatory
award to the contractor. It also referred to the case of G.C. Roy v. Secretary Irrigation Department
(1991). The fact that the payment of interest in such cases was not excluded particularly in the
agreement was taken into consideration. But the rate on such payment was missing and not
agreed upon by the parties. The High Court in this same asked the parties to fill up the blank
details that they left in the appendix. The Supreme Court held that this decision was incorrect and
impermissible. It ruled that the tribunal was right in providing compensation as there was no
clause in the contract which mentioned exclusion of payment of interest if the payment was
delayed.

Page 35 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

Module III
3.1. Enforcement of Certain Foreign Awards
(In light of New York Convention Awards Geneva Convention Awards)
The enforcement of foreign arbitral awards in India is governed by the Arbitration and
Conciliation Act, 1996 (the Act). The Act provides for the enforcement of foreign arbitral awards
that are made in countries that are party to the New York Convention on the Recognition and
Enforcement of Foreign Arbitral Awards, 1958 (the New York Convention) or the Geneva
Convention on the Execution of Foreign Arbitral Awards, 1927 (the Geneva Convention).
The New York Convention is the most widely ratified international convention on the enforcement
of foreign arbitral awards. It has been ratified by over 160 countries, including India. The Geneva
Convention is less widely ratified, but it is still binding on India.
To be enforceable in India, a foreign arbitral award must satisfy the following conditions:
1. It must be made in a country that is party to the New York Convention or the Geneva
Convention.
2. It must be final and binding on the parties.
3. It must not have been set aside or suspended by the courts of the country in which it was
made.
4. It must not be contrary to the public policy of India.
If a foreign arbitral award satisfies these conditions, it can be enforced in India by filing an
application with the High Court of the state where the award is sought to be enforced. The High
Court will then decide whether to enforce the award.
The grounds on which a foreign arbitral award can be refused enforcement in India are
limited. The High Court can only refuse to enforce an award if it finds that:
1. The award is not final and binding on the parties.
2. The award has been set aside or suspended by the courts of the country in which it was
made.
3. The award is contrary to the public policy of India.
The enforcement of foreign arbitral awards in India is a relatively straightforward process. The
Act provides a clear and comprehensive framework for the enforcement of foreign arbitral
awards, and the High Courts have been generally receptive to enforcing foreign arbitral awards.
Here are some of the key differences between the New York Convention and the Geneva
Convention:
1. The New York Convention applies to all arbitral awards, regardless of the subject matter of
the dispute. The Geneva Convention only applies to arbitral awards arising out of
commercial disputes.
2. The New York Convention provides for a more streamlined procedure for the enforcement
of foreign arbitral awards. The Geneva Convention requires the applicant to provide more
information to the court when seeking to enforce an award.
3. The New York Convention has a wider scope of application than the Geneva Convention.
The New York Convention is binding on all countries that have ratified it, while the Geneva
Convention is only binding on countries that have ratified it and that are party to the
dispute.
Overall, the New York Convention is a more favorable regime for the enforcement of foreign
arbitral awards than the Geneva Convention. This is why most countries have chosen to ratify the
New York Convention instead of the Geneva Convention.

Page 36 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

3.2. Conciliation
Conciliation is a form of alternative dispute resolution (ADR) in which a neutral third party,
called a conciliator, helps the parties to a dispute reach an amicable settlement. The conciliator
does not make a decision for the parties, but rather facilitates the discussion and negotiation
process.
Conciliation is a voluntary process, and the parties must agree to participate in it. The conciliator
is also a neutral party, and they must not take sides in the dispute.
The conciliator will typically meet with the parties separately and together. The goal of the
meetings is to help the parties understand each other's positions and to explore possible solutions
to the dispute. The conciliator may also make suggestions for solutions, but they cannot force the
parties to agree to anything.
If the parties are able to reach an agreement, the conciliator will draft a written settlement
agreement. The agreement will be binding on the parties once it is signed by both parties.
If the parties are unable to reach an agreement, the conciliator will end the conciliation
process. The parties may then choose to pursue other forms of ADR or to go to court.
Conciliation is a confidential process, and the parties cannot disclose the information that is
discussed during the conciliation process without the consent of the other party.
Conciliation is a voluntary, confidential, and non-binding process. It is a flexible process
that can be tailored to the needs of the parties. Conciliation can be a valuable tool for resolving
disputes quickly and efficiently.

Here are some of the benefits of conciliation:

1. It is a confidential process, which can help to protect the privacy of the parties.
2. It is a non-binding process, which means that the parties are not legally obligated to accept
the conciliator's suggestions.
3. It is a flexible process, which can be tailored to the needs of the parties.
4. It can be a faster and cheaper way to resolve a dispute than going to court.
5. It can help to preserve the relationship between the parties.
If you are involved in a dispute, conciliation may be a good option for you. It is a confidential, non-
binding process that can help you to resolve your dispute quickly and efficiently.

3.3. Mediation and Negotiation

Mediation and negotiation are both alternative dispute resolution (ADR) processes that can
be used to resolve disputes. However, there are some key differences between the two processes.
1. Mediation is a process in which a neutral third party, called a mediator, helps the parties to
a dispute reach an amicable settlement. The mediator does not make a decision for the
parties, but rather facilitates the discussion and negotiation process.
2. Negotiation is a process in which the parties to a dispute directly discuss the issues and try
to reach an agreement. The parties may or may not have the assistance of a neutral third
party.
3. In mediation, the mediator plays an active role in helping the parties to communicate and
to identify common ground. The mediator may also make suggestions for solutions to the
dispute. However, the mediator cannot force the parties to agree to anything.
In negotiation, the parties are responsible for reaching an agreement. The parties may or may not
have the assistance of a neutral third party, such as a mediator or an arbitrator. However, if the
parties are unable to reach an agreement, they may need to go to court.
Mediation is often seen as a more flexible and informal process than negotiation. Mediation
can be a good option for disputes where the parties want to maintain a good relationship or where
the issues are complex and require a lot of discussion.

Page 37 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

Negotiation is often seen as a more direct and efficient process than mediation. Negotiation
can be a good option for disputes where the parties are willing to compromise and where the
issues are not too complex.
The best ADR process for a particular dispute will depend on the specific circumstances of
the dispute. If you are involved in a dispute, you should speak to an attorney to discuss your
options.

Here are some of the similarities between mediation and negotiation:

1. Both mediation and negotiation are voluntary processes. The parties must agree to
participate in both processes.
2. Both mediation and negotiation are confidential processes. The information that is
discussed during mediation and negotiation cannot be disclosed to the public without the
consent of the parties.
3. Both mediation and negotiation can be a faster and cheaper way to resolve a dispute than
going to court.

Here are some of the differences between mediation and negotiation:

1. In mediation, there is a neutral third party who helps the parties to communicate and to
reach an agreement. In negotiation, the parties communicate directly with each other and
try to reach an agreement without the assistance of a neutral third party.
2. In mediation, the mediator cannot force the parties to agree to anything. In negotiation, the
parties are free to accept or reject any offer that is made by the other party.
3. Mediation is often seen as a more flexible and informal process than negotiation.
Negotiation is often seen as a more direct and efficient process than mediation.
Ultimately, the best way to resolve a dispute is to choose the process that is most likely to be
successful in your particular case.

3.4 Counseling
Counselling is a process in which a trained professional helps a person to understand and
deal with their problems. Counselling can be used to address a wide range of issues, including:
1. Personal problems: such as anxiety, depression, low self-esteem, and relationship
problems.
2. Work-related problems: such as stress, burnout, and conflict with co-workers.
3. Legal problems: such as divorce, custody, and criminal charges.
4. Health problems: such as chronic pain, addiction, and eating disorders.
5. Life transitions: such as retirement, job loss, and the death of a loved one.

Counselling can be a helpful way to:

1. Understand your problems: Counsellors can help you to understand the causes of your
problems and to develop coping mechanisms.
2. Develop healthy coping mechanisms: Counsellors can help you to develop healthy ways of
dealing with stress and difficult emotions.
3. Make positive changes: Counsellors can help you to make positive changes in your life, such
as improving your relationships or achieving your goals.
4. Build self-esteem: Counsellors can help you to build self-esteem and to feel more confident
in yourself.
Counselling can be a valuable resource for anyone who is struggling with problems in their life. If
you are considering counselling, it is important to find a counsellor who is qualified and
experienced in the area that you need help with.
Page 38 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

Here are some of the benefits of counselling:

1. It can help you to understand your problems and to develop coping mechanisms.
2. It can help you to make positive changes in your life.
3. It can help you to build self-esteem.
4. It can be a confidential and supportive space to talk about your problems.
5. It can help you to connect with others who are going through similar experiences.
If you are thinking about getting counselling, here are a few things to keep in mind:
1. Choose a counsellor who is qualified and experienced in the area that you need help with.
2. Find a counsellor who you feel comfortable with and who you can trust.
3. Be prepared to talk about your problems and to be open to feedback from the counsellor.
4. Be patient with the process of counselling. It takes time to make lasting changes.
If you are not sure where to start, you can ask your doctor for a referral to a counsellor. You can
also search online for counsellors in your area.

Page 39 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

Module IV
4.1 Legal writing- Article and Case Comment, Editing of a Law Journal
Legal writing is the art of communicating legal ideas in a clear, concise, and persuasive way. It is
an essential skill for lawyers, law students, and anyone else who needs to write about legal topics.
There are two main types of legal writing: article and case comment.
1. Article is a longer piece of writing that typically explores a legal issue in depth. It may
discuss the history of the issue, the relevant law, and the arguments for and against
different sides of the issue.
2. Case comment is a shorter piece of writing that analyzes a particular court decision. It
typically discusses the facts of the case, the legal issues involved, and the court's decision.
Both article and case comment writing require a strong understanding of the law and the ability to
communicate complex legal concepts in a clear and concise way. They also require the ability to
cite legal authority and to use persuasive writing techniques.
Editing of a law journal is the process of reviewing and improving the written work of
others. It is an important task that helps to ensure that the law journal's content is accurate, clear,
and consistent.
The editor of a law journal typically has a background in legal writing and editing. They are
responsible for ensuring that all articles and case comments meet the journal's standards of
quality. This may involve checking for errors in grammar, spelling, and punctuation, as well as
ensuring that the writing is clear and concise. The editor may also make suggestions for improving
the structure or argument of the writing.
Editing a law journal can be a challenging but rewarding task. It requires a keen eye for
detail and a strong understanding of legal writing. However, it also provides an opportunity to
learn from other writers and to contribute to the development of the law.
Here are some tips for writing legal articles and case comments:
1. Do your research. Make sure you have a strong understanding of the legal issue you are
writing about.
2. Be clear and concise. Legal writing should be clear and concise. Avoid using jargon or
technical terms that your audience may not understand.
3. Use persuasive writing techniques. Use persuasive writing techniques to convince your
audience of your point of view.
4. Cite your sources. When you use information from other sources, be sure to cite them
properly.
5. Proofread carefully. Before you submit your work, proofread it carefully for errors in
grammar, spelling, and punctuation.
Here are some tips for editing legal articles and case comments:
1. Be objective. As an editor, it is important to be objective and to avoid inserting your own
opinions into the writing.
2. Be critical. Be critical of the writing and identify any errors or weaknesses.
3. Be constructive. When you make suggestions for improvement, be constructive and offer
specific feedback.
4. Be respectful. Remember that the writer has put a lot of work into their writing, so be
respectful of their efforts.

4.2 Research for Public Interest Litigation

Here are some tips on how to conduct research for public interest litigation (PIL):
1. Identify the legal issue. What is the legal question that you are trying to answer? What is
the underlying problem that you are trying to address?
2. Do your research. Gather as much information as you can about the legal issue. This
includes reading relevant laws, cases, and articles. You can also talk to experts on the issue,
such as lawyers, activists, and academics.
Page 40 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

3. Frame the issue. Once you have a good understanding of the legal issue, you need to frame
it in a way that is persuasive to the court. This means identifying the relevant legal
principles and arguments that support your position.
4. Find cases. Look for cases that are similar to your case. This will help you to understand
how the court has ruled on similar issues in the past.
5. Write a persuasive brief. The brief is your opportunity to convince the court that your case
should be heard. It should be well-written and persuasive, and it should cite relevant legal
authority.
6. Present your case. If your case is accepted by the court, you will need to present your case
to the judges. This is your opportunity to explain the legal issue and why your case should
be decided in your favor.
Here are some additional resources that you may find helpful:
1. The National Legal Services Authority (NLSA) is a statutory body that provides legal aid to
the poor and marginalized sections of society. The NLSA has a website that provides
information on PIL, including case studies and legal resources.
2. The Indian Law Institute is a research institute that publishes a number of journals and
books on legal topics. The ILI's website has a section on PIL that includes articles, case
studies, and other resources.
3. The Human Rights Law Network is a non-profit organization that works on human rights
issues in India. The HRLN's website has a section on PIL that includes information on
current cases and legal resources.

4.3 Use of Computer and internet in professional legal work

The use of computers and the internet has revolutionized the practice of law. Computers
and the internet are used for a variety of tasks in the legal profession, including:
1. Legal research: Computers and the internet make it possible to access a vast amount of
legal information quickly and easily. This includes case law, statutes, regulations, and legal
commentary.
2. Document drafting: Computers and the internet can be used to draft legal documents,
such as contracts, pleadings, and briefs. This can save time and improve accuracy.
3. Communication: Computers and the internet can be used to communicate with clients,
colleagues, and other professionals. This can be done through email, video conferencing,
and social media.
4. Case management: Computers and the internet can be used to manage cases. This
includes tracking deadlines, storing documents, and communicating with clients.
5. Researching and analyzing data: Computers and the internet can be used to research and
analyze data. This can be used to identify trends, develop strategies, and make decisions.
6. Providing legal education: Computers and the internet can be used to provide legal
education. This includes online courses, webinars, and podcasts.
The use of computers and the internet has made the practice of law more efficient, effective, and
accessible. It has also made it possible for lawyers to provide a wider range of services to their
clients.
Here are some of the specific benefits of using computers and the internet in professional
legal work:
1. Improved efficiency: Computers and the internet can help lawyers to be more efficient by
automating tasks, streamlining processes, and providing access to information.
2. Enhanced productivity: Computers and the internet can help lawyers to be more
productive by allowing them to work from anywhere and collaborate with others more
easily.

Page 41 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

3. Increased accuracy: Computers and the internet can help lawyers to be more accurate by
providing access to up-to-date information and by automating tasks that are prone to
error.
4. Improved communication: Computers and the internet can help lawyers to communicate
more effectively with clients, colleagues, and other professionals.
5. Enhanced research capabilities: Computers and the internet can help lawyers to conduct
more comprehensive and efficient research by providing access to a vast amount of legal
information.
6. Reduced costs: Computers and the internet can help lawyers to reduce costs by
automating tasks, streamlining processes, and providing access to information.
The use of computers and the internet in professional legal work is constantly evolving. As new
technologies emerge, lawyers will need to adapt and embrace them in order to remain
competitive.

4.4 Law office Management

Law office management is the process of overseeing the administrative and operational aspects of
a law firm. It encompasses a wide range of tasks, including:
1. Managing finances: This includes tracking expenses, managing budgets, and collecting
payments.
2. Managing personnel: This includes hiring and firing employees, managing their
performance, and providing training.
3. Managing IT: This includes ensuring that the firm's computer systems are up and running,
that data is backed up, and that software is updated.
4. Managing client relations: This includes communicating with clients, managing their
expectations, and resolving any problems that may arise.
5. Managing casework: This includes tracking deadlines, managing documents, and
coordinating with other lawyers and professionals.
6. Managing office space: This includes ensuring that the office is clean and organized, that
supplies are stocked, and that repairs are made as needed.
Law office management is essential for the smooth and efficient operation of a law firm. It is a
complex and challenging task, but it is essential for the success of the firm.
Here are some of the key skills that are essential for law office management:
1. Organizational skills: Law office managers need to be able to keep track of a lot of
information and to manage multiple tasks simultaneously.
2. Communication skills: Law office managers need to be able to communicate effectively
with clients, employees, and other professionals.
3. Problem-solving skills: Law office managers need to be able to identify and solve problems
quickly and efficiently.
4. Leadership skills: Law office managers need to be able to motivate and direct employees
and to create a positive work environment.
5. Time management skills: Law office managers need to be able to prioritize tasks and to
manage their time effectively.
Law office management is a demanding but rewarding career. It offers the opportunity to use a
variety of skills and to make a positive impact on the legal profession.
Here are some of the challenges that law office managers face:
1. Managing a large volume of work: Law office managers often have to manage a large
volume of work, which can be stressful and time-consuming.
2. Meeting deadlines: Law office managers often have to meet tight deadlines, which can be
challenging and stressful.
3. Managing client expectations: Law office managers need to manage client expectations,
which can be difficult, especially when clients are unhappy with the outcome of a case.
Page 42 of 43
Sub- PRAC. TRAIN. – II Alternate Dispute Resolution, SEM -3, M. U. New Syllabus – 2022-2023

4. Managing staff: Law office managers need to manage staff, which can be challenging,
especially when staff members have different personalities and work styles.
5. Keeping up with changes in the law: Law office managers need to keep up with changes
in the law, which can be time-consuming and challenging.
Despite the challenges, law office management can be a rewarding career. It offers the opportunity
to use a variety of skills and to make a positive impact on the legal profession.
If you are interested in a career in law office management, there are a few things you can do
to prepare:
1. Get a degree in law or a related field: This will give you the foundation you need to
understand the legal system and to manage a law office.
2. Gain experience working in a law firm: This will give you the opportunity to learn the
ropes and to develop the skills you need to be successful.
3. Network with other law office managers: This will help you to learn from others and to
find opportunities.
4. Take continuing education courses: This will help you to stay up-to-date on changes in
the law and in the legal profession.
With hard work and dedication, you can achieve a successful career in law office management.

The End
****************

Page 43 of 43