University of Kashmir

(Department of Law)
Srinagar, J&K 190006

Prepared By:- Sheikh Mohsin

Batch: BA-LLB 2017-2023
Subject:-PIL, Legal Aid & Para Legal Services
Semester:-BA LLB 9th
Unit 1:-
Legal Aid
i) Concept and Constitutional Mandate

ii) Historical perspective of Legal Aid in

(a) India
(b) State of Jammu and Kashmir. (Legal Aid to Scheduled Castes &
Defence personnel Rules1971, 1973, Legal Aid to the Poor Rules- 1984
and 1987

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 Concept of Legal Aid

Definition: Legal aid is a service that provides free or low-cost legal assistance to individuals who cannot afford the
fees charged by private lawyers, typically for civil and criminal cases.

Legal aid is a crucial aspect of access to justice and ensuring that legal rights and remedies are available to all individuals,
regardless of their economic or social background. Legal aid refers to the provision of legal services to those who
cannot afford them or are otherwise unable to access them. The concept of legal aid is based on the fundamental
principle that everyone is entitled to a fair and just legal system, and that access to legal services should not be limited
to those who can afford them.

Legal aid encompasses a range of services, including legal advice, representation, and assistance in legal proceedings.
These services are provided by legal aid organizations, pro bono lawyers, and other legal professionals who work to
ensure that individuals have access to justice and legal services.

Justice PN Bhagwati, a former Chief Justice of India, is widely recognized for his contributions to the development of
legal aid in India. In the landmark case of Hussainara Khatoon v. State of Bihar (1979), he stated that the object of legal
aid is to ensure that no person is deprived of the opportunity to seek justice merely because of economic or other
disabilities. He emphasized that legal aid is not a charity but a constitutional right and a means to secure justice for all,
regardless of their socio-economic status.

The objective of legal aid is to ensure that justice is not denied to anyone due to their inability to pay for legal services.
The legal aid system in India is designed to provide assistance in civil, criminal, and administrative matters. It aims to
bridge the gap between the privileged and underprivileged sections of society and provide access to justice for all.

Legal aid is not limited to providing legal representation in courts. It also includes legal awareness and education
programs, legal aid clinics, and para-legal services. Legal aid clinics are established to provide free legal services to the
poor and marginalized sections of society. They also provide legal education and awareness programs to increase
people's legal literacy and help them understand their rights and duties.

Para-legal services are an essential part of legal aid. They are provided by para-legal volunteers who are trained to
provide legal assistance to the needy. Para-legal services include legal counseling, drafting of legal documents,
assistance in legal procedures, and other legal services that do not require the intervention of a lawyer. Para-legal
services are crucial in reaching out to remote and underprivileged areas where there is a shortage of lawyers and legal
infrastructure.

Legal aid is not only important for individuals, but it also plays a significant role in promoting the rule of law and
protecting human rights. It ensures that the justice system is accessible to everyone and that individuals are not denied
justice due to their financial circumstances. Legal aid also helps in reducing the burden on the courts by resolving
disputes through alternative dispute resolution mechanisms.

In conclusion, legal aid is a fundamental right that ensures access to justice for all, regardless of their financial means.
The legal aid system in India is designed to provide free legal services to the poor and marginalized sections of society,
and it includes legal representation in courts, legal aid clinics, legal awareness programs, and para-legal services. Legal
aid is crucial in promoting the rule of law and protecting human rights, and it is essential for governments and
organizations to continue to support and fund legal aid schemes to ensure that they remain accessible to those who
need them the most.

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 Constitutional Mandate

The Constitutional mandate of legal aid is enshrined in Article 39A of the Indian Constitution. Article 39A provides for
equal justice and free legal aid to those who cannot afford it. The State is obligated to ensure that the legal system
operates in a manner that promotes justice based on equal opportunity, and free legal aid is an essential component
of achieving this goal.

Supreme Court of India has issued several directions in respect of free legal aid in the case of Supreme Court Legal
Services Committee v. Union of India (1994). Some of the key directions are as follows:

1. Establish legal services authorities at national, state, and district levels.

2. Provide legal aid to weaker sections of society, including women, children, SC/STs, persons with disabilities,
trafficking victims, and disaster victims.

3. Provide legal aid at all stages of criminal justice process.

4. Provide legal aid to persons in custody and facing death penalty.

5. Provide legal aid for redressal of fundamental rights violations.

6. Provide legal aid for alternative dispute resolution like mediation and arbitration.

These directions aim to ensure that the constitutional right to free legal aid is effectively implemented and that access
to justice is made available to all, particularly those who are economically and socially disadvantaged.

The Constitution of India recognizes the importance of providing legal aid to marginalized and vulnerable sections of
society, who may not have the resources to access justice. The Constitution guarantees that the right to life and
personal liberty cannot be taken away except in accordance with the procedure established by law. Access to justice
is a fundamental right that is essential for the protection of life and liberty, and legal aid ensures that this right is
accessible to all.

The Constitution also recognizes the importance of legal education and awareness, which is essential for promoting
access to justice. Article 21A of the Constitution provides for free and compulsory education for children between the
ages of 6 and 14 years. Legal education and awareness programs are crucial in increasing people's legal literacy and
helping them understand their rights and duties.

In the case of Khatri v. State of Bihar (1981), the Supreme Court of India laid down important guidelines for the
provision of free legal aid to the poor and marginalized. The case involved an appeal by a person who had been
convicted of a criminal offence but had not been provided with a lawyer during his trial. The Supreme Court held that
the right to legal aid was a fundamental right under the Constitution, and that the State was under an obligation to
provide free legal aid to those who could not afford it.

The Court also held that the right to legal aid extended not only to the stage of the trial but also to the pre-trial stage,
such as police investigation and interrogation. It emphasized that the right to a fair trial could not be ensured unless
the accused was provided with effective legal representation.

The Court further held that legal aid should be provided not only in criminal cases but also in civil cases where the
rights of the poor and marginalized were at stake. It directed the State to establish legal aid committees and to ensure
that legal aid was effectively provided to all those who needed it.

In conclusion, the Constitutional mandate of legal aid is essential for ensuring that access to justice is available to all,
regardless of their financial means. The provision of free legal aid is a fundamental right that is enshrined in the Indian
Constitution, and it is the responsibility of the State to ensure that this right is accessible to all. Legal education and
awareness programs are also essential for promoting access to justice and increasing legal literacy.

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 Historical perspective of Legal Aid in India

Legal aid has a rich historical perspective in India, and its evolution can be traced back to the colonial period. During
the British Raj, access to justice was limited, and legal proceedings were conducted in English, which was not
understood by the majority of the population. In 1853, the British government introduced the Legal Practitioners Act,
which made it mandatory for lawyers to be trained and registered before they could practice in court. This led to the
emergence of a class of lawyers who charged high fees, making it difficult for the poor to access justice. Although this
Act enabled non-advocates to represent litigants in certain courts and provided for the appointment of legal
practitioners as government pleaders.

In 1924, a legal aid society was established in Bombay through the efforts of philanthropic lawyers to provide free
legal services to the impoverished. The demand for legal aid in India grew after a committee, headed by Lord Rushcliffe,
was appointed in 1944 to investigate legal aid facilities in England and Wales. The committee's report, submitted in
1945, recommended that:

1. Legal aid should be available in all the courts and in such manner as will enable persons in need to have access to
the professional help they require;

2. This provision should not be limited to those who are normally classed as poor but include a wider income group.

3. Those who cannot afford to pay anything for legal aid should receive this free of cost. There should be a scale of
contributions for those who can pay something towards costs;

4. The cost of the scheme should be borne by the state, but the scheme should not be administered either as a
department of state or by local authorities;

5. The legal profession should be responsible for the administration of the scheme, except that part of it dealt with
under the Poor Prisoner’s Defence Act;

6. Barristers and solicitors should receive adequate remunerations for their services;

7. The term ‘poor’ person’ should be discarded and the term “assisted person” adopted.

After India gained independence in 1947, there was a growing demand for legal aid to be provided to the poor and
marginalized.

In 1949, the Bombay Government appointed a committee on legal aid and advice,under the chairmanship of Justice
P.N. Bhagwati which recommended the establishment of legal aid clinics, the appointment of legal aid officers, and
the training of lawyers in legal aid work.

In 1958 The 14th Law Commission Report dedicated a full chapter on legal aid.

In 1960, the government of India set up the Committee on Legal Aid and Legal Advice under the chairmanship of Justice
P.N. Bhagwati. The committee submitted its report in 1961, recommending the establishment of legal aid clinics and
the appointment of legal aid officers to provide legal assistance to the poor.

In 1970, the National Conference on Legal Aid was held in New Delhi, which was attended by legal luminaries, social
workers, and representatives of the government. The conference recommended the establishment of legal aid
committees at the national, state, and district levels, and the provision of legal aid to the poor and marginalized.

In 1970s and 1980s the legal aid movement in India gained momentum, with various organizations and individuals
advocating for the provision of legal aid to the poor and marginalized sections of society. However, it was the landmark
case of Hussainara Khatoon v. State of Bihar in 1979 that gave impetus to the legal aid movement in India. In this case,
the Supreme Court ordered the release of thousands of undertrial prisoners who had been languishing in jail for years
without trial. The Court held that the right to a speedy trial was a fundamental right, and that free legal aid was
essential to ensure access to justice for all.

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In 1973, the Central Government appointed the Krishna Iyer Committee to examine the need for legal aid in India. The
committee submitted a comprehensive report, which recommended the establishment of legal aid clinics, the training
of paralegals, the provision of legal aid at all stages of the criminal justice process, and the establishment of legal aid
cells in prisons.

In 1976, the Central Government of India appointed a committee consisting of Justice P.N. Bhagwati as the Chairman
and Justice V.R. Krishna Iyer as a member. The objective of this committee was to establish a robust legal service
program across all states of India in a uniform manner.

The committee's conception of legal aid was wider than just providing free legal aid to the poor and marginalized. It
included the provision of legal aid to women, children, scheduled castes and tribes, minorities, and other
disadvantaged groups. The committee also emphasized the need for legal aid to be provided at every stage of the legal
process, including pre-trial, trial, and post-trial stages.

The committee recommended the establishment of legal aid clinics in rural and urban areas, the appointment of legal
aid lawyers, and the training of paralegals to assist in legal aid work. It also suggested the use of alternative dispute
resolution mechanisms, such as mediation and conciliation, to resolve disputes outside of the formal court system.

The committee's recommendations were incorporated into the Legal Services Authorities Act, 1987, which established
legal services authorities at the national, state, and district levels. Today, these authorities provide legal aid and advice
to millions of people across India, ensuring that access to justice is available to all, regardless of their social or economic
status.

In 1980, the Govt. of India set up the National Legal Services Authority (NALSA) to provide legal aid and assistance to
the poor and marginalized sections of society. The Legal Services Authorities Act (LSAs) was enacted in 1987 to give
statutory recognition to legal aid in India. The Act provides for the establishment of Legal Services Authorities at the
national, state, and district levels to provide free legal aid to the poor and marginalized sections of society.

Over the years, various initiatives have been taken to promote legal aid in India. Legal aid clinics have been established
in universities and law schools across the country to provide free legal services to the poor. Para-legal volunteers have
been trained to provide legal assistance to the needy. Legal literacy and awareness programs have been conducted to
increase people's legal awareness and help them understand their rights and duties.

Today, legal aid is considered a fundamental right in India, and it is the duty of the State to ensure that access to justice
is available to all citizens, regardless of their financial means, ensuring access to justice for everyone.

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 Historical perspective of Legal Aid in State of Jammu and Kashmir.

Historical Perspective of Legal Aid in Jammu and Kashmir:

In the past, the people of Jammu and Kashmir were illiterate and lacked knowledge about their rights. During the reign
of Mughal king Akbar, a code of justice was prepared for the administration of justice and investigation of cases in
Kashmir. However, the grievances were addressed by the king himself who delegated such power to qazis. Muftis
advised qazis on legal matters, but they did not disseminate the shariah to the people. They issued decrees without
taking witness into consideration, which developed a sense of hatred among the people for litigation.

In 1920, a consolidated and amended code of Civil Procedure Act 1977 was sanctioned, which allowed a person with
insufficient means to institute proper suits and depauperize on the grounds of improper conduct. Similarly, the
Criminal Procedure Code was consolidated in 1933, which did not confer any right to legal aid except for the accused's
right to defend himself by a pleader under section 340(1).

Under the Naya Kashmir policy of Sheikh Abdullah, a provision for free legal aid to women was made. After 1971, the
state of Jammu and Kashmir witnessed an intense interest at the government level in the field of legal aid.

Later government enacted several laws and rules to provide free legal aid to the poor and marginalized sections of
society.

The Legal Aid to Scheduled Castes & Defence Personnel Rules, 1971 were introduced to provide free legal aid to
members of Scheduled Castes who are involved in civil or criminal cases. The rules also extend to defence personnel
who belong to Scheduled Castes. The objective of the rules is to ensure that members of Scheduled Castes receive
legal assistance to protect their rights and interests.
In 1973, the Legal Aid to Scheduled Castes & Defence Personnel Rules were amended to expand the scope of legal aid.
The rules now cover all cases, including those related to service matters and preventive detention, and apply to all
defence personnel, irrespective of their caste.

The Legal Aid to the Poor Rules, 1984 were enacted to provide legal assistance to those who are unable to afford it.
The rules apply to all citizens who are below the poverty line, including Scheduled Castes and Scheduled Tribes. The
objective of the rules is to ensure that every person has access to legal aid and that justice is not denied to anyone
due to financial constraints.
In 1987, the Legal Aid to the Poor Rules were further amended to provide legal assistance to women and children who
are victims of domestic violence. The rules also require legal practitioners to provide free legal services to the poor,
and they establish Legal Services Authorities at the district, state, and national levels.
Overall, these rules and regulations demonstrate the State of Jammu and Kashmir's commitment to ensuring that
marginalized sections of society have access to legal aid and are not denied justice due to their financial circumstances.

In 1987, the state government enacted J&K State Legal Aid and Advice Board in 1987, which established the Jammu
and Kashmir State Legal Services Authority and the District Legal Services Authorities. The Act aimed to provide free
legal aid and advice to the poor and marginalized sections of society, including women, children, and persons with
disabilities.

In 1997, the Jammu and Kashmir Legal Services Authorities Act was enacted to further strengthen the legal aid system
in the state. The Act provides for the establishment of the Jammu and Kashmir State Legal Services Authority and the
District Legal Services Authorities. In August 2019, the J&K Re-organization Act 2019 came into effect, dividing the
state of J&K into two Union Territories, UT of J&K and UT of Ladakh. The J&K State Legal Services Authority Act 1997
was repealed, and the Legal Services Authority Act 1987 (Central Act) became effective in the UTs of J&K and Ladakh.
The State Legal Services Authority for UT of J&K was constituted on December 2, 2019, through an official notification.

Overall, the history of legal aid in Jammu and Kashmir reflects the state's commitment to ensuring access to justice for
all its citizens, particularly the poor and marginalized sections of society. The state government and various NGOs have
taken several steps to strengthen the legal aid system and ensure that justice is not denied to anyone due to their
financial situation.

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 University of Kashmir
(Department of Law)
Srinagar, J&K 190006
Prepared By: Sheikh Mohsin
Batch: BA-LLB 2017-2023
Subject: PIL, Legal Aid & Para Legal Services
Semester: BA LLB 9th
Unit 2:-
The Jammu and Kashmir Legal Services Authorities Act, 1997

i) Legal Services Authorities and their powers and Functions.

ii) Entitlement to Legal Aid –Beneficiaries, Modes and Procedure.

iii) Working of Legal Services Authorities

iv) Duties of lawyers and Aided persons.

 Modes and Procedure, Working of Legal Services Authorities & Duties of

lawyers and Aided persons are mentioned in The Jammu and Kashmir Legal
Services Authorities Rules, 1998

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 i) Legal Services Authorities and their powers and Functions.
Legal Services Authorities

The Legal Services Authorities are institutions established under The Jammu and Kashmir Legal Services Authorities
Act, 1997, to provide legal aid and assistance to the disadvantaged and marginalized sections of society. The Act
envisages the establishment of Legal Services Authorities at the state, district, and taluka levels.

State Legal Services Authority

Section 3 of the Act provides for the constitution of State Legal Services Authority (SLSA) by the State Government,
which reads as :

3. Constitution of State Legal Services Authority

(1) The Government shall constitute a body to be called the Legal Services Authority for the State to exercise the
powers and perform the functions conferred on, or assigned to the State Authority under this Act.

(2) The State Authority shall consist of––

(a) the Chief Justice of the High Court who shall be the Patron-inChief ;

(b) a serving or retired Judge of the High Court to be nominated by the Governor, in consultation with the Chief
Justice of the High Court, who shall be the Executive Chairman ; and

(c) such number of other members, possessing such experience and qualifications as may be prescribed by the
Government, to be nominated by the Government in consultation with the Chief Justice of the High Court.

[(3) The Government may, in consultation with Chief Justice of the High Court, appoint a person belonging to the
Higher Judicial Service, not lower in rank than that of a District Judge, as the Member-Secretary of the State Legal
Services Authority, to exercise such powers and perform such duties under the Executive Chairman of the State
Authority as may be prescribed by the Government or as may be assigned to him by the Executive Chairman of the
State Authority].

(4) The State Authority may appoint such number of officers and otheremployees as may be prescribed by the
Government, in consultation with the Chief Justice of the High Court, for the efficient discharge of its functions under
this Act.

(5) The officers and other employees of the State Authority shall beentitled to such salary and allowances and
shall be subject to such other conditions of service as may be prescribed by the Government in consultation with the
Chief Justice of the High Court.

(6) The administrative expenses of the State Authority, including thesalaries, allowances and pensions payable to
the Member-Secretary, officers and other employees of the State Authority shall be defrayed out of the Consolidated
Fund of the State.

(7) All orders and decisions of the State Authority shall be Authenticatedby the Member-Secretary or any other
officer of the State Authority duly authorised by the Executive Chairman of the State Authority.

(8) No act or proceeding of a State Authority shall be invalid merely onthe ground of the existence of any vacancy
in, or any defect in the constitution of State Authority.

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 Powers and Functions of the State Authority.
Under Section 4 of The Jammu and Kashmir Legal Services Authorities Act, 1997, the State Legal Services Authority has
been entrusted with various functions as well as powers also, Sec 4 of the act reads as:

4. Functions of the State Authority

The State Authority shall, subject to general directions of the Government, perform all or any of the following
functions , namely :-

(a) lay down policies and principles of making legal services available under the provisions of this Act;

(b) frame the most effective & economical schemes for making legal services available under the provisions of this Act;

(c) utilize the funds at its disposal and make appropriate allocation of funds to the District Authorities;

(d) take necessary steps by way of social justice litigation with regard to consumer protection ,environment protection
or any other matters of special concern to the weaker sections of the society and for this purpose, giving training to
social workers in legal skills;

(e) organize legal aids camps, especially in rural areas, slums or labor colonies with the dual purpose of educating the
weaker sections of the society as to their rights as well as encouraging the settlements of disputes through Lok Adalat;

(f) encourage the settlements of disputes through negotiations, arbitration and conciliation;

(g) undertake and promote research in the field of legal services with special reference to the need for such services
among the poor;

(h) monitor and evaluate implementation of the legal aid programmes at periodic intervals & provide for independent
evaluation of programmes and schemes implemented in whole or in part by funds provided under this Act;

(i) provide grants –in-aid for specific schemes to various voluntary social service institutions and the State and District
Authorities, from out of the amount placed at its disposal for the implementation of legal services schemes under the
provision of this Act;

(j) develop, in consultation with the State Bar Council , programmes for clinical legal education and promote guidance
and supervise the establishment and working of legal services clinics in universities and other institutions;

(k) take appropriate measures for spreading legal literacy and legal awareness amongst the people, and in particular
to educate the weaker sections of the society about the rights, benefits and privileges guaranteed by social welfare
legislations and other enactments as well as administrative programmes and measures;

(l) make special efforts to enlist the supports of voluntary social welfare institutions working at the gross root level,
particularly among the Scheduled Castes and Scheduled Tribeswomen and rural and Urban labor;

(m) coordinate and monitoring the functions of the State Authority , High Court Legal Services Committee , District
Authorities, Tehsil Legal Service Committee and other voluntary social welfare institutions and other legal services
organizations and give directions for the proper implementations of the legal services programmes;

(n) give legal services to persons who satisfy the criteria laid down under this Act;

(o) conduct Lok Adalat; and

(p) perform such other functions as the State Authority may fix by regulations.

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Section 5 of the Act states that The State Authority under this Act must work in coordination with other governmental
agencies, NGOs, universities and others in promoting legal services for the poor. The State Authority shall also be
subject to the directions given by the Government in the discharge of its functions.

For purpose of exercising such powers and performing such functions as may be determined by regulations made by
the State Authority, Section 6 deals with establishment of the High Court Legal Services Committee and the section
reads as:

High Court Legal Services Committee

Section 6 of the Act provides for the constitution of High Court Services Committee by the State Authority, which reads
as :

Section 6. High Court Legal Services Committee

(1) The State Authority shall constitute a Committee to be called as the High Court Legal Services Committee for the
High Court, for the purpose of exercising such powers and performing such functions as may be determined by
regulations made by the State Authority.

(2) The Committee shall consist of –

(a) a sitting Judge of the High Court who shall be the chairman ; and

(b) such number of other members possessing such experience and qualifications as may be determined by the
regulations made by the State Authority, to be nominated by the Chief Justice of the High Court.

(3) The Chief Justice of the High Court shall appoint a secretary to the committee possessing such experience and
qualifications as may be prescribed by the Government.

(4) The terms of office and other conditions relating thereto, of the Members and the Secretary of the Committee shall
be such as may be determined by regulations made by the State Authority.

(5) The Committee may appoint such number of officers and other employees as may be prescribed by the
Government in Consultation with the Chief Justice of the High Court for the efficient discharge of its functions.

(6) The officers and other employees of the Committee shall be entitled to such salary and allowances and shall be
subject to such other conditions and services as may be prescribed by the Government in consultation with the Chief
Justice of the High Court.

District Legal Services Authority

Section 7 of the Act provides for the constitution of District Legal Services Authority (DLSA) by the State Government,
which reads as :

Section 7. District Legal Services Authority.–

(1) The Government shall, in consultation with the Chief Justice of the High Court, constitute a body to be called the
District Legal Service Authority for every district in the State to exercise the powers and perform the functions
conferred on or assigned to the District Authority under this Act.

(2) The District Authority shall consist of––

(a) the District Judge who shall be its Chairman ; and

(b) such number of other members, possessing such experience and qualifications, as may be prescribed by the
Government, to be nominated by the Government in consultation with the Chief Justice of the High Court.

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(3) The State Authority shall, in consultation with the Chairman of theDistrict Authority, appoint a person
belonging to the State Judicial Service not lower in rank than that of a Subordinate Judge or Civil Judge posted at the
seat of the District Judiciary as Secretary of the District Authority to exercise such powers and perform such duties
under the Chairman of that Committee as may be assigned to him by such Chairman.

(4) The terms of office and other conditions relating thereto, of members& Secretary of the District Authority
shall be such as may be determined by regulations made by the State Authority in consultation with the Chief Justice
of the High Court.

(5) The District Authority may appoint such number of officers and other employees as may be prescribed by the
Government in consultation with Chief Justice of the High Court for the efficient discharge of its functions.

(6) The officers and other employees of the District Authority shall been titled to such salary and allowances and
shall be subject to such other conditions of service as may be prescribed by the Government in consultation with the
Chief Justice of the High Court.

(7) The administrative expenses of every District Authority, including the salaries, allowances and pensions
payable to the Secretary, officers and other employees of the District Authority shall be defrayed out of the
Consolidated Fund of State.

(8) All orders and decisions of the District Authority shall be authenticated by the Secretary or by any other officer
of the District Authority duly authorised by the Chairman of that Authority.

(9) No act or proceeding of a District Authority shall be invalid merely on the ground of the existence of any
vacancy in, or any defect in the constitution of, the District Authority.

Powers and Functions of the District Authority

Under Section 8 of The Jammu and Kashmir Legal Services Authorities Act, 1997, the District Legal Services Authority
has been entrusted with various functions as well as powers also, Sec 8 of the act reads as:

Section 8. Function of District Authority.––

(1) It shall be the duty of the District Authority to perform such of the functions of the State Authority in the District
as may be delegated to it from time to time by the State Authority.

(2) Without prejudice to the generality of the functions referred to in sub-section (1), the District Authority may
perform all or any of the following functions, namely :––

(a) co-ordinate the activities of Tehsil Legal Services Committee and other legal services in the District ;

(b) organise Lok Adalats within the District ; and

(c) perform such other functions as the State Authority may fix by regulations.

Section 9 of the Act states that The District Authority should work with other governmental and non-governmental
institutions, universities and others engaged in the work and be guided by the State Authority's written directions in
providing legal services to the poor.

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 Tehsil Legal Services Committee
Section 10 of the Act provides for the constitution of Tehsil Legal Services Committee by the State Authority, which
reads as :

Section 10. Tehsil Legal Services Committee.––

(1) The State Authority may constitute a Committee to be called the Tehsil Legal Services Committee for each Tehsil
or for group of Tehsils.

(2) The Committee shall consist of––

(a) the Senior Subordinate Judge operating within the jurisdiction of the Committee who shall be ex-officio
Chairman ; and

(b) such number of other members possessing such experience and qualifications, as may be prescribed by the
Government, to be nominated by the Government in consultation with the Chief Justice of the High Court.

(3) The Committee may appoint such number of officers and otheremployees as may be prescribed by
the Government in consultation with the Chief Justice of the High Court for the efficient discharge of its
functions.

(4) The officers and other employees of the committee shall be entitled tosuch salary and allowances and
shall be subject to such other conditions of service as may be prescribed by the Government in consultation
with the Chief Justice of the High Court.

(5) The administrative expenses of the Committee shall be defrayed outof the District Legal Aid Fund by
the District Authority.

Powers and Functions of Tehsil Legal Services Committee

Section 11. Functions of Tehsil Legal Services Committee.

The Tehsil Legal Services Committee may perform all or any of the following functions, namely:––

(a) co-ordinate the activities of legal services in the Tehsil ;

(b) organise Lok Adalats within the Tehsil ; and

(c) perform such other functions as the District Authority may assign to it.

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 ii) Entitlement to Legal Aid –Beneficiaries, Modes and Procedure.
Beneficiaries
The Jammu and Kashmir Legal Services Authorities Act, 1997 aims to provide legal aid to the disadvantaged and
marginalized sections of society who cannot afford to engage a lawyer for their legal issues. Section 12 of the Act
specifies the categories of beneficiaries who are entitled to receive legal aid, the section reads as:

Section 12. Criteria for giving legal services.––

Every person who has to file or defend a case shall be entitled to legal services under this Act if that person is––

(a) a member of a Scheduled Caste or Schedule Tribes ;

(b) a victim of a trafficking in human being or beggar as referred to in article 23 of the constitution ;
(c) a woman or a child ;
(d) a mentally ill or otherwise disabled person ;
(e) a person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence,
caste atrocity, flood, drought, earthquake or industrial disaster ; or
(f) an industrial workman ; or
(g) in custody, including custody in a protective home within the meaning of clause (g) of section 2 of the
Immoral Traffic (Prevention) Act, 1956 or in a psychiatric hospital or psychiatric nursing home within the
meaning of clause (g) of section 2 of the Mental Health Act, 1987 ; or
(h) in receipt of annual income less than rupees nine thousand or such other higher amount as may be
prescribed by the Government, if the case is before a court other than the Supreme Court, and less than
rupees twelve thousand or such other higher amount as may be prescribed by the Government, if the case
is before the Supreme Court.
Although there is no Specific Section for Modes and Procedure in The Jammu and Kashmir Legal Services Authorities
Act, 1997 but they are defined in The Jammu and Kashmir Legal Services Authorities Rules, 1998.

Rule 21. Modes of providing legal services.

Legal services may be given in all or anyone or more of the following modes, namely :-
(a) by payment of Court fee, process fee, expenses of witnesses, preparation of the paper book, lawyers fee and all
other charges payable or incurred in connection with any legal proceedings ;
(b) through representation by a legal practitioner in legal proceedings ;
(c) by suppling certified copies of judgements orders, notes or evidence and other documents in legal proceedings;
(d) by preparation of appeal paper book, including printing, typing' and translation of documents in legal proceedings ;
(e) by drafting of legal documents ;
(f) by giving legal advice on any legal matter; and through Mediation Centres or Family Counselling Centres.

Rule 22. Procedure for providing free legal services.

(1) A person desiring any legal service shall furnish an application-cum-affidavit addressed to the Member-Secretary
of the State Authority, Secretary High Court Legal Services Committee, Chairman of the District Authority or the Tehsil
Legal Services Committee (here in after referred to as Authority or Committee), as the case may be in a form. approved
by the State Authority.

(2) The Member-Secretary, Secretary or the Chairman of the Authority as the case may be shall maintain a register of
applications wherein all applications for legal services received under sub-rule (1) shall be entered.

PIL, Legal Aid & Para Legal Services Page 13 of 48

 iii) Working of Legal Services Authorities

Rule 23 of The Jammu and Kashmir Legal Services Authorities Rules, 1998 pertains to the working of the Legal
Services Authority (LSA). It outlines the functions of the LSA and the steps it must take to ensure effective legal aid
to the beneficiaries. It reads as:

Rule 23. Disposal of application. –

(1) On receipt of an application cum-affidavit, the Member Secretary, the Secretary or the Chairman of the Authority
or the Committee, as the case may' be; shall scrutinize the application for the purpose of deciding whether the
applicant is entitled to get legal services in accordance with the provisions of these rules, and for the purpose of
arriving at such a decision he may, if necessary and required, give personal hearing to the applicant but in doing so,
the Member- Secretary, the Secretary or the Chairman of the Authority or the Committee as the case may be shall
have regard to the fact that the applicant is a poor person or belongs to a weaker section of the society and deserved
to be assisted. The application shall be processed as early as possible and preferably within fifteen days of its receipt.

(2) The decision of the Member-Secretary, the Secretary and the Chairman of the Authority or the Committee to
provide legal services shall be subject to the confirmation by the concerned Authority or the Committee.

(3) Where it is decided not to provide legal services to an applicant, the reasons for doing so shall be recorded in the
register of applications maintained by the Authority or the Committee, as the case may be, and information in writing
to that effect shall be communicated to the applicant.

(4) No legal service shall be allowed to continue after the legal service is granted, if the Authority or the Committee is
satisfied that-

(a) the applicant knowingly made false statement or has furnished false information as regards his eligibility ;

(b) in legal proceedings other than the one relating to criminal prosecution, there is no prima facie case to institute,
or as the case may be, to defend the case ;

(c) the application is frivolous and fictitious or the applicant is not entitled to the same under the provisions of these
rules ;

(d) having regard to all the circumstances of the case, it is otherwise not reasonable to grant it.

PIL, Legal Aid & Para Legal Services Page 14 of 48

iv) Duties of lawyers and Aided persons.
Duties of lawyers and Aided persons.

The Jammu and Kashmir Legal Services Authorities Rules, 1998 states duties for both lawyers and aided persons.

Rule 25. Duties of legal practitioners on the panel. –

(1) A legal practitioner appointed for rendering legal services to an aided person under these rules shall-

(a) if the case is not concerning any legal proceedings hear the aided person, or any other person representing him
and examine the papers and documents relating to the case and shall give his advice, in writing to the aided person
and also send a copy of the advice so recorded to the Member-Secretary, the Secretary or the Chairman of the
Authority or the Committee, as the case may be ; and

(b) if the case relates to any legal proceedings represent aided person to act and plead for him in the legal proceedings
and shall forthwith make a report to the Member-Secretary the Secretary or the Chairman of the Authority or
Committee, as the case may be, on the action taken by him and also make monthly report to them in regard to the
progress of the legal proceedings besides a report, in writing, within two days of the final conclusion of proceedings
to the concerned Authority or Committee.

(2) The legal practitioner, so long as he· remains on the panel, shall act in accordance with such instructions, as may
be given to him from time to time by the Authority or the Committee as the case may be.

Rule 27. Duties of aided person. –

(1) A person seeking legal service shall comply with the requisition or direction that may be made upon him by the
Authority or the Committee on the date of application made for legal service till the completion or cessation of legal
service or cancellation of eligibility.

(2) Every aided person shall execute an agreement agreeing to the effect that in the event of the court passing a decree
or order in his favour awarding costs to him or other monetary benefit or advantage (except an order of maintenance)
to repay by way of reimbursement to the Authority or the Committee, as the case may be, the amount of costs, charges
and expenses of legal proceedings incurred by the Authority or the Committee in rendering him legal service and to
facilitate such reimbursement, he shall also execute an irrevocable power of attorney authorising the Member-
Secretary, the Secretary or the Chairman of the Authority or Committee, as the case may be, to do all such acts and
things, as may be necessary for recovery or realisation of the amount decreed or ordered to be paid to him.

(3) The costs, charges and expenses which may be recovered by the Authority or the Committee under sub-rule (2),
shall be credited to the Government.

PIL, Legal Aid & Para Legal Services Page 15 of 48

 University of Kashmir
(Department of Law)
Srinagar, J&K 190006
Prepared By: Sheikh Mohsin
Batch: BA-LLB 2017-2023
Subject: PIL, Legal Aid & Para Legal Services
Semester: BA LLB 9th
Unit 3:-
Lok Adalat and other forms of Alternate Dispute Resolution Systems
i) Organisation of Lok Adalats, Cognizance of Cases, Awards: procedure and
Practice
ii) Lok Adalats: Procedural and other socio-legal Problems
iii) Role of Lawyers
iv) Other forms of ADR – mediation, negotiation and conciliation and their
applicability in J&K

 The Legal Services Authorities Act, 1987

PIL, Legal Aid & Para Legal Services Page 16 of 48

 Lok Adalat and other forms of Alternate Dispute Resolution Systems
Lok Adalat is a form of Alternative Dispute Resolution (ADR) mechanism in India. It is a forum for resolving disputes
outside the traditional legal system in a peaceful and amicable manner. Lok Adalats are organized by the National
Legal Services Authority (NALSA), State Legal Services Authorities (SLSA), and District Legal Services Authorities (DLSA)
to provide free legal aid to the poor and marginalized sections of the society.

The Lok Adalat is presided over by a retired judge, an advocate, or a social worker who acts as a conciliator. The Lok
Adalat is empowered to deal with all civil and compoundable criminal cases, including cases that are pending in regular
courts. The decision of the Lok Adalat is binding on the parties and cannot be appealed in any court of law. The
settlement arrived at the Lok Adalat is known as an award, which is final and binding on the parties.

Lok Adalats are based on the principles of justice, equity, and fair play. They provide a speedy, inexpensive, and less
formal method of resolving disputes, which helps in reducing the burden on the courts. Lok Adalats have been
successful in resolving a large number of disputes, especially in cases related to family disputes, land disputes, and
commercial disputes.

The Lok Adalat has become an important tool in promoting access to justice and ensuring speedy and efficient
resolution of disputes in India.

The Lok Adalat system has several key objectives, which include:

Providing speedy justice, Promoting conciliation, Reducing the burden on the courts, Providing access to justice,
Promoting fairness and equity, Justice at the doorstep of the people etc.

Overall, the Lok Adalat system is designed to provide a quick, efficient, and accessible means of resolving disputes. Its
key objectives are aimed at promoting conciliation, reducing the burden on the courts, providing access to justice, and
promoting fairness and equity in the resolution of disputes.

PIL, Legal Aid & Para Legal Services Page 17 of 48

 i) Organisation of Lok Adalats, Cognizance of Cases, Awards: Procedure and
Practice
Section 19. Organisation of Lok Adalats.—
(1) Every State Authority or District Authority or the Supreme Court Legal Services Committee or every High Court
Legal Services Committee or, as the case may be, Taluk Legal Services Committee may organize Lok Adalats at such
intervals and places and for exercising such jurisdiction and for such areas as it thinks fit.

(2) Every Lok Adalat organised for an area shall consist of such number of—

(a) serving or retired judicial officers; and

(b) other persons,
of the area as may be specified by the State Authority or the District Authority or the Supreme Court Legal Services
Committee or the High Court Legal Services Committee, or as the case may be, the Taluk Legal Services Committee,
organising such Lok Adalat.

(3) The experience and qualifications of other persons referred to in clause (b) of sub-section (2) for Lok Adalats
organised by the Supreme Court Legal Services Committee shall be such as may be prescribed by the Central
Government in consultation with the Chief Justice of India.
(4) The experience and qualifications of other persons referred to in clause (b) of sub-section (2) for Lok Adalats
other than referred to in sub-section (3) shall be such as may be prescribed by the State Government in consultation
with the Chief Justice of the High Court.
(5) A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the
parties to a dispute in respect of—
(i) any case pending before; or
(ii) any matter which is falling within the jurisdiction of, and is not brought before,
any Court for which the Lok Adalat is organised:

Provided that the Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offence not
compoundable under any law.

Section 20. Cognizance of cases by Lok Adalats.—

(1) Where in any case referred to in clause (i) of sub-section (5) of section 19,—
(i)

(a) the parties thereof agree; or

(b) one of the parties thereof makes an application to the Court,

for referring the case to the Lok Adalat for settlement and if such court is prima facie satisfied that there are chances
of such settlement; or

(ii) the court is satisfied that the matter is an appropriate one to be taken cognizance of by the Lok Adalat,
the Court shall refer the case to the Lok Adalat:

Provided that no case shall be referred to the Lok Adalat under sub-clause (b) of clause (i) or clause (ii) by such court
except after giving a reasonable opportunity of being heard to the parties.

(2) Notwithstanding anything contained in any cither law for the time being in force, the Authority or Committee
organising the Lok Adalat under sub-section (1) of section19 may, on receipt of an application from any one of the
parties to any matter referred to in clause (ii) of sub-section (5) of section 19 that such matter needs to be determined
by a Lok Adalat, refer such matter to the Lok Adalat, for determination:

PIL, Legal Aid & Para Legal Services Page 18 of 48

Provided that no matter shall be referred to the Lok Adalat except after giving a reasonable opportunity of being
heard to the other party.

(3) Where any case is referred to a Lok Adalat under sub-section (1) or where a reference has been made to it
under sub-section (2), the Lok Adalat shall proceed to dispose of the case or matter and arrive at a compromise or
settlement between the parties.
(4) Every Lok Adalat shall, while determining any reference before it under this Act, act with utmost expedition
to arrive at a compromise or settlement between the parties and shall be guided by the principles of justice, equity,
fair play and other legal principles.
(5) Where no award is made by the Lok Adalat on the ground that no compromise or settlementcould be arrived
at between the parties, the record of the case shall be returned by it to the court, from which the reference has been
received under sub-section (1) for disposal in accordance with law.
(6) Where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived
at between the parties, in a matter referred to in sub-section (2), that Lok Adalat shall advice the parties to seek
remedy in a court.
(7) Where the record of the case if returned under sub-section (5) to the court, such court shall proceed to deal
with such case from the stage which was reached before such reference under sub-section (1).]
Section 21. Award of Lok Adalat.—
[(1) Every award of the Lok Adalat shall be deemed to be a decree of a civil court or, as the case may be, an order of
any other court and where a compromise or settlement has been arrived at, by a Lok Adalat in a case referred to
it under sub-section(1) of section 20, the court-fee paid in such case shall be refunded in the manner provided
under the Court-fees Act, 1870 (7 of 1870).]
(2) Every award made by a Lok Adalat shall be final and binding on all the parties to the dispute, and no appeal shall
lie to any court against the award.
Procedure and Practice

When a dispute is referred to the Lok Adalat, the parties are required to appear before the Lok Adalat and present
their case. The Lok Adalat makes an effort to resolve the dispute through conciliation and compromise between the
parties. If the parties are able to reach a settlement, the Lok Adalat records the terms of the settlement in writing and
passes an award.

The award passed by the Lok Adalat is binding on the parties and is treated as a decree of a civil court. The award is
final and cannot be challenged in any court of law. If the parties fail to comply with the terms of the award, the award
can be executed by filing an execution application in the court of the relevant jurisdiction.

The award passed by the Lok Adalat is based on the principles of natural justice and equity. The Lok Adalat takes into
account the facts and circumstances of the case and makes a decision that is fair and just to both parties. The award
passed by the Lok Adalat is arrived at through mutual consent and agreement between the parties, which makes it
more acceptable and effective in resolving disputes.

In cases where the dispute cannot be resolved through conciliation and compromise, the Lok Adalat can make a
recommendation to the parties to approach the regular court for further adjudication. The Lok Adalat can also refer
the matter to the concerned authorities for appropriate action, such as arbitration or mediation.

In summary, the procedure and practice regarding the awards given in Lok Adalats are based on the principles of
natural justice, equity, and mutual agreement between the parties. The award passed by the Lok Adalat is binding on
the parties and is treated as a decree of a civil court. The Lok Adalat provides an effective and efficient method of
resolving disputes and promoting access to justice for all.

PIL, Legal Aid & Para Legal Services Page 19 of 48

 Relevant Case Laws:

The Moni Mithai vs Central Bank case is a landmark judgment in the context of the Legal Services Authorities Act,
1987, particularly with regards to Section 19 of the Act.

In this case, Moni Mithai, a small business owner, had availed a loan from the Central Bank of India. However, he
defaulted on the loan, and the bank initiated recovery proceedings against him. Moni Mithai filed a writ petition in
the Calcutta High Court challenging the bank's recovery proceedings.

The High Court referred the matter to the Lok Adalat for settlement, as per the provisions of Section 19 of the Legal
Services Authorities Act, 1987. The Lok Adalat conducted conciliation proceedings between the parties and arrived at
a settlement. However, Moni Mithai later refused to abide by the terms of the settlement, and the bank resumed the
recovery proceedings.

The matter eventually reached the Supreme Court, which observed that Section 19 of the Legal Services Authorities
Act, 1987, provides for the establishment of Lok Adalats as an alternative dispute resolution mechanism to resolve
disputes outside the traditional legal system. The Lok Adalat's decision is final and binding on the parties, and no
appeal lies against it. The Court held that the settlement arrived at the Lok Adalat is a compromise decree, which is as
good as a decree passed by a civil court.

The Court also noted that the purpose of the Lok Adalat is to provide a quick and inexpensive method of resolving
disputes and promoting access to justice. The Lok Adalat must ensure that the settlement arrived at is just, fair, and
reasonable to both parties. The Court emphasized that parties should abide by the settlement arrived at the Lok Adalat
in good faith, failing which they would be liable for contempt of court.

The Laxmichand vs PNB case is a significant judgment in the context of the Legal Services Authorities Act, 1987.

In this case, Laxmichand, a borrower, had availed a loan from Punjab National Bank (PNB). He later defaulted on the
loan, and the bank initiated recovery proceedings against him. Laxmichand then filed a writ petition in the Gujarat
High Court challenging the bank's recovery proceedings.

The High Court referred the matter to the Lok Adalat for settlement, as per the provisions of Section 19 of the Legal
Services Authorities Act, 1987. The Lok Adalat conducted conciliation proceedings between the parties and arrived at
a settlement. As per the settlement, Laxmichand agreed to pay a certain sum of money to the bank in installments.

However, Laxmichand failed to abide by the terms of the settlement, and the bank resumed the recovery proceedings.
The matter eventually reached the Supreme Court, which observed that the settlement arrived at the Lok Adalat is
final and binding on the parties, and parties should abide by the settlement in good faith.

The Court noted that the Lok Adalat is an effective mechanism for resolving disputes outside the traditional legal
system and that the settlement arrived at the Lok Adalat is a compromise decree, which is as good as a decree passed
by a civil court. The Court also emphasized that parties should approach the Lok Adalat with an open mind and must
make a sincere effort to arrive at a settlement.

The Supreme Court held that since Laxmichand had failed to abide by the terms of the settlement arrived at the Lok
Adalat, he was liable for contempt of court. The Court also observed that the purpose of the Lok Adalat is to provide
a quick and inexpensive method of resolving disputes and promoting access to justice. The Court directed Laxmichand
to pay the amount as per the settlement arrived at the Lok Adalat and imposed a fine on him for contempt of court.

In summary, the Laxmichand vs PNB case highlights the significance of the Lok Adalat as an effective mechanism for
resolving disputes outside the traditional legal system. The settlement arrived at the Lok Adalat is final and binding on
the parties, and parties should abide by the settlement in good faith. Failure to do so may result in contempt of court.
The case also emphasizes the need for parties to approach the Lok Adalat with an open mind and make a sincere effort
to arrive at a settlement.

PIL, Legal Aid & Para Legal Services Page 20 of 48

 ii) Lok Adalats: Procedural and other socio-legal Problems
We are well aware that Lok Adalats are a popular alternative dispute resolution mechanism in India, which aims to
provide speedy and cost-effective resolution of disputes. These forums are designed to provide a platform for
disputing parties to settle their disputes amicably, with the assistance of a neutral third party mediator. While the Lok
Adalat system has been widely praised for providing "justice at the doorstep of the people", it is not without its
shortcomings. Despite their popularity, there are several procedural and socio-legal problems associated with the
functioning of Lok Adalats. Some of the major problems are as follows:

Lack of Legal Expertise: Lok Adalats are often held in the local community and are presided over by a panel of judges,
lawyers, and other experts. However, there may be cases where the panel does not have the necessary legal expertise
to understand complex legal issues, which can result in an incorrect or unjust settlement.

Coercion: While the Lok Adalat system is voluntary, there have been instances where one of the parties may feel
coerced into accepting the settlement. This can happen due to the pressure from the community, family, or even the
panel members. In such cases, the settlement may not be entirely fair or just.

Inadequate Representation: The parties involved in a dispute may not be adequately represented in the Lok Adalat
system. For instance, a party may not be able to afford a lawyer or may not have access to one. This can put the party
at a disadvantage in the settlement process.

Lack of Uniformity: The settlement process in the Lok Adalat system is not uniform and may vary depending on the
panel and the nature of the dispute. This lack of uniformity can lead to confusion and inconsistency in the settlement
process.

Limited Jurisdiction: Lok Adalats can only deal with disputes that are of a civil nature and that are compoundable. This
means that many disputes that cannot be resolved through Lok Adalats, such as criminal cases or cases involving public
interest, continue to clog the regular court system.

Participation of Parties: The participation of parties in Lok Adalats is not mandatory, and parties can choose not to
attend the Lok Adalat sessions. This lack of compulsion often results in parties not attending the Lok Adalat sessions,
which affects the effectiveness of the Lok Adalat system.

Quality of Settlements: While the settlements arrived at Lok Adalats are binding on the parties, there have been
instances where the quality of the settlement is questionable. Some settlements may be reached without fully
understanding the nuances of the dispute or without taking into account the legal principles involved. Such
settlements may not be just and fair to both parties.

Infrastructure: The success of Lok Adalats depends on the availability of proper infrastructure and trained personnel.
However, many Lok Adalats face a shortage of trained personnel and inadequate infrastructure, which affects the
functioning of the Lok Adalat system.

Limited Legal Assistance: Lok Adalats are intended to be a forum where the parties can resolve their disputes without
the need for legal representation. However, many parties may not have the requisite legal knowledge or
understanding to participate effectively in the proceedings, which may lead to unfair settlements.

Ineffective Enforcement: The settlements arrived at Lok Adalats are binding on the parties, but there is no effective
mechanism to enforce these settlements. In some cases, parties may not abide by the settlement, and there is no
effective remedy available to enforce the settlement.

To address these problems, several measures can be taken. Increasing awareness of Lok Adalats among the general
public, providing training to Lok Adalat personnel, and expanding the jurisdiction of Lok Adalats to include more types
of disputes can help improve the functioning of the Lok Adalat system. Additionally, greater support and funding from
the government can help improve the infrastructure and functioning of Lok Adalats, making them a more viable option
for dispute resolution in India. The introduction of effective enforcement mechanisms can also go a long way in
ensuring that parties abide by the settlements arrived at Lok Adalats.
PIL, Legal Aid & Para Legal Services Page 21 of 48
 iii) Role of Lawyers
Lawyers play an important role in the Alternative Dispute Resolution (ADR) process. ADR mechanisms such as
mediation, negotiation, and conciliation are designed to resolve disputes outside of the traditional court system. These
mechanisms can be faster, more efficient, and less expensive than traditional litigation. Here are some ways lawyers
can be involved in the ADR process:

1. Advising clients: Lawyers can advise clients on the benefits and drawbacks of different ADR methods. They can
help clients assess their cases and determine if ADR is the best option. They can also provide guidance on how
to prepare for ADR proceedings.
2. Representing clients: Lawyers can represent clients in ADR proceedings, such as mediation or arbitration. They
can present their client's case and argue on their behalf. They can also negotiate with the other party to reach
a settlement.
3. Serving as neutrals: Lawyers can serve as neutrals, such as mediators or arbitrators. As mediators, they can
facilitate communication between parties and help them reach a settlement. As arbitrators, they can hear
evidence and make a binding decision.
4. Drafting agreements: Lawyers can draft agreements that result from ADR proceedings, such as settlement
agreements or arbitration awards. They can ensure that the agreements comply with the law and protect their
client's interests.
5. Maintaining confidentiality: Lawyers can maintain the confidentiality of ADR proceedings. They can ensure
that confidential information is not disclosed to third parties.

In summary, lawyers can play a vital role in the ADR process. They can advise clients, represent them in proceedings,
serve as neutrals, draft agreements, and maintain confidentiality.

iv) Other forms of ADR – mediation, negotiation and conciliation and their applicability in J&K
In addition to Lok Adalats, there are other forms of Alternative Dispute Resolution (ADR) that can be used to resolve
disputes outside of the traditional court system. These include mediation, negotiation, and conciliation. Here's a brief
overview of each method and its applicability in Jammu and Kashmir (J&K):

1. Mediation: Mediation is a process in which a neutral third party (the mediator) facilitates communication
between the parties to help them reach a mutually acceptable agreement. Mediation is particularly useful in
disputes where there is a need for ongoing relationships, such as family disputes, labor disputes, and
commercial disputes. In J&K, mediation is governed by the Jammu and Kashmir Mediation Rules, 2021, which
provide a framework for the conduct of mediations.

2. Negotiation: Negotiation is a process in which the parties try to reach a mutually acceptable agreement
themselves, without the help of a neutral third party. Negotiation is commonly used in commercial disputes,
labor disputes, and civil disputes. In J&K, negotiation is not governed by any specific rules or regulations, but
it is widely used as a means of resolving disputes.

3. Conciliation: Conciliation is a process in which a neutral third party (the conciliator) helps the parties to reach
a mutually acceptable agreement by facilitating communication and suggesting possible solutions. Conciliation
is often used in disputes where there is a need to maintain ongoing relationships, such as family disputes and
commercial disputes. In J&K, conciliation is governed by the Jammu and Kashmir Conciliation Rules, 2021,
which provide a framework for the conduct of conciliation proceedings.

In summary, mediation, negotiation, and conciliation are other forms of ADR that can be used to resolve disputes in
Jammu and Kashmir. Mediation and conciliation are particularly useful in disputes where there is a need to maintain
ongoing relationships, while negotiation is commonly used in commercial disputes, labour disputes, and civil disputes.
Each method has its own unique advantages and disadvantages, and the choice of method will depend on the specific
circumstances of the dispute.

PIL, Legal Aid & Para Legal Services Page 22 of 48

 Positional bargaining and interest-based bargaining

Positional bargaining and interest-based bargaining are two different approaches to negotiation in Alternative Dispute
Resolution (ADR).

1. Positional Bargaining: Positional bargaining is a negotiation approach in which each party takes a specific
position or stance and then tries to negotiate from that position. In this approach, each party tries to get as
much as possible for themselves and give up as little as possible. It is also known as distributive bargaining or
win-lose bargaining.

For example, if two parties are negotiating the price of a car, they may each take a position and then try to negotiate
from there. One party may start by offering a low price, while the other party may start with a high price. They will
then try to negotiate and reach a price that is acceptable to both parties.

2. Interest-Based Bargaining: Interest-based bargaining, also known as principled or collaborative bargaining, is

an approach in which the parties focus on their interests and needs rather than on specific positions. In this
approach, the parties work together to find a solution that meets both of their interests. It is also known as
integrative bargaining or win-win bargaining.

For example, in a dispute between two neighbors over a property line, they may take an interest-based approach and
explore their interests and needs. They may find that both parties want to maintain a good relationship and that both
parties need access to a shared driveway. They can then work together to find a solution that meets both of their
needs.

In summary, positional bargaining and interest-based bargaining are two different approaches to negotiation in ADR.
Positional bargaining is focused on specific positions, while interest-based bargaining is focused on underlying
interests and needs. Each approach has its own advantages and disadvantages, and the choice of approach will depend
on the specific circumstances of the dispute.

PIL, Legal Aid & Para Legal Services Page 23 of 48

 University of Kashmir
(Department of Law)
Srinagar, J&K 190006
Prepared By: Sheikh Mohsin
Batch: BA-LLB 2017-2023
Subject: PIL, Legal Aid & Para Legal Services
Semester: BA LLB 9th
Unit 4:-
Legal Aid, Para Legal Services and Clinical Legal Education and other forms of
ADR and their application in J&K.
i) Clinical Legal Education: Concept and Contemporary practices
ii) Need for Legal Literacy and Para Legal Services
iii) Role of Lawyers, Law Students and NGO’s in Para Legal Services
iv) Para Legal Service Training

PIL, Legal Aid & Para Legal Services Page 24 of 48

 i) Clinical Legal Education: Concept and Contemporary Practices
Introduction to Clinical Legal Education
Clinical Legal Education (CLE) is an educational approach to teaching law that emphasizes the development of practical
lawyering skills through real-world experience and reflection. CLE is an integral part of legal education that provides
students with the opportunity to work on real legal cases under the supervision of experienced lawyers, judges, and
other legal professionals. CLE programs aim to provide students with a practical understanding of the law, legal
systems, and legal practice.

CLE is a relatively new concept in legal education and is a response to the criticism of traditional legal education, which
focuses heavily on theoretical and doctrinal knowledge. The introduction of CLE is based on the idea that law students
should be exposed to the practical aspects of legal practice while still in law school.

CLE has its roots in the United States, where it was first introduced in the 1960s. The concept of CLE was initially
developed by law professors and legal professionals who were concerned about the lack of practical skills training in
traditional legal education. CLE programs were initially designed to provide law students with hands-on experience in
legal practice by working with legal aid organizations and other public interest law organizations.

Since its introduction, CLE has become an integral part of legal education in many countries around the world. CLE
programs have been implemented in various forms, including clinical programs, externship programs, and pro bono
programs. These programs are designed to provide students with practical legal experience in a range of practice areas,
including criminal law, family law, immigration law, and civil rights law.

CLE is essential in today's legal education because of the changing nature of legal practice. Today's lawyers must have
the skills required to work in a variety of legal settings, including law firms, public interest organizations, and
government agencies. CLE provides law students with the skills and experience required to work in these settings and
prepare them for the demands of modern legal practice.

Objectives of Clinical Legal Education:

The main objective of CLE is to prepare law students for the practice of law by providing them with practical experience
in legal practice. This practical experience is essential to developing the skills required to be an effective lawyer,
including client interviewing and counselling, case analysis and strategy, legal research and writing, negotiation, and
advocacy. CLE also helps students to develop a sense of professional responsibility and ethical awareness, which is
crucial to their success as lawyers.

The objectives of CLE can be broadly classified into three categories: educational, social, and professional.

Educational Objectives: The educational objectives of CLE are to provide students with practical experience in the field
of law, and to develop their practical skills. CLE helps students to apply the theoretical concepts they have learned in
the classroom to real-life situations. CLE also helps students to develop their critical thinking, problem-solving, and
communication skills.

Social Objectives: The social objectives of CLE are to promote access to justice and social justice. CLE provides legal
assistance to people who cannot afford to hire a lawyer. CLE also helps to raise awareness about legal issues and to
empower marginalized communities.

Professional Objectives: The professional objectives of CLE are to prepare students for the practice of law. CLE helps
students to develop the skills and knowledge they need to be effective lawyers. CLE also helps students to develop
their professional identity and to understand their ethical and social responsibilities as lawyers.

PIL, Legal Aid & Para Legal Services Page 25 of 48

 Clinical Legal Education (CLE) in India

The concept of Clinical Legal Education (CLE) was first introduced in India in the early 1990s. The introduction of CLE
was a response to the growing concern about the gap between legal education and legal practice in India.

In 1994, the Bar Council of India (BCI) recognized CLE as a part of legal education in India. The BCI introduced a set of
guidelines for the implementation of CLE in law schools across the country. These guidelines provided for the
establishment of legal aid clinics, legal aid societies, and other similar programs in law schools.

Since then, CLE has become an integral part of legal education in India. Today, most law schools in India have
established legal aid clinics and other CLE programs to provide students with practical legal experience. These
programs provide students with the opportunity to work on real legal cases under the supervision of experienced
lawyers, judges, and other legal professionals.

CLE programs in India also have a strong emphasis on social justice and providing legal aid to underprivileged and
marginalized communities. Many CLE programs in India focus on providing legal aid and support to women, children,
the elderly, and other vulnerable groups.

In recent years, the Indian government has also recognized the importance of CLE in legal education. The government
has launched several initiatives to promote CLE in law schools across the country, including the establishment of the
National Legal Services Authority (NALSA) and the introduction of the Legal Services Clinic Scheme.

In conclusion, the introduction of CLE in the Indian legal system has helped bridge the gap between legal education
and legal practice. CLE programs provide law students with practical legal experience and prepare them for the
demands of modern legal practice. The emphasis on social justice and providing legal aid to underprivileged and
marginalized communities has also made CLE programs an important tool for promoting access to justice in India.

Clinical Legal Education (CLE) in J&K

Clinical Legal Education (CLE) has been gaining momentum in Jammu and Kashmir (J&K) in recent years. In 2016, the
Jammu and Kashmir State Legal Services Authority (JKSLSA) launched a project to promote CLE in law colleges and
universities in the state. The project aimed to provide practical legal training to law students and to create awareness
about legal rights and remedies among the general public.

Under the project, the JKSLSA collaborated with law colleges and universities to set up legal aid clinics and to conduct
legal awareness camps and outreach programmes. The legal aid clinics provided free legal services to the needy and
underprivileged sections of society, while the legal awareness camps and outreach programmes aimed to educate the
public about their legal rights and remedies.

In addition, the JKSLSA also organized training programmes and workshops for law students and legal professionals to
enhance their practical legal skills and to keep them updated about the latest legal developments.

Apart from the JKSLSA, several law colleges and universities in J&K have also started offering clinical legal education
programmes as part of their curriculum. These programmes include courses on legal aid and clinical legal practice,
moot court competitions, and internships with legal aid organizations and law firms.

Overall, the introduction of CLE in J&K has helped to bridge the gap between legal education and legal practice, and
has contributed to the development of a more socially conscious and professional legal community in the state.

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 Contemporary Practices

Contemporary practices refer to current trends, methods, and approaches that are used to address a particular issue
or problem in a given field. In the context of Clinical Legal Education (CLE), contemporary practices refer to the current
trends and approaches used in the teaching and learning of practical legal skills, and in the provision of legal services
to the community. These practices are constantly evolving to meet the changing needs of the legal profession and
society at large.

Contemporary practices in Clinical Legal Education (CLE) have evolved to meet the changing needs of the legal
profession and society at large. Some of the key contemporary practices in CLE are:

1. Interdisciplinary approach: Many law schools are now adopting an interdisciplinary approach to CLE,
incorporating other fields such as social work, psychology, and public health. This approach recognizes that
legal issues often intersect with other social and economic issues, and requires a more holistic approach to
legal problem-solving.

2. Technology integration: CLE programs are increasingly using technology to enhance the learning experience
and provide students with new opportunities for engagement. This includes online clinics, virtual internships,
and e-learning platforms.

3. Community-based learning: CLE programs are moving away from traditional classroom-based learning and
focusing more on community-based learning. This involves working directly with clients and communities to
address legal issues and promote access to justice.

4. Experiential learning: CLE programs are emphasizing experiential learning, which provides students with
hands-on experience and practical skills that are essential for success in the legal profession. This includes
skills such as interviewing clients, drafting legal documents, and negotiating settlements.

5. Social justice and public interest: CLE programs are placing a greater emphasis on social justice and public
interest issues, reflecting the growing demand for lawyers who are committed to using their skills and
knowledge to promote social change and address systemic inequalities.

6. Collaboration and networking: CLE programs are fostering greater collaboration and networking among
students, faculty, legal practitioners, and other stakeholders. This includes developing partnerships with legal
aid organizations, public interest groups, and other stakeholders to promote access to justice and advance
social justice goals.

7. Globalization: CLE programs are increasingly incorporating global perspectives, recognizing that legal issues
are often transnational in nature and require a more global approach to legal problem-solving.

Overall, contemporary practices in CLE reflect a growing recognition of the importance of experiential and community-
based learning, as well as the need to promote social justice and public interest issues. These practices are helping to
prepare students for success in a rapidly changing legal profession, while also promoting access to justice and
advancing social justice goals.

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 Different types of Clinical Legal Education programs.

In-house clinical programs: These programs are typically run by law schools and offer students the opportunity to work
on real cases under the supervision of faculty members and practicing attorneys. In-house clinical programs can be
organized in a variety of ways, but common examples include legal aid clinics, juvenile justice clinics, and civil rights
clinics. In-house clinical programs are usually integrated into the law school curriculum, and students typically receive
academic credit for their work.

Externship programs/Out-house Clinical programs : Externship programs are typically organized by law schools in
partnership with legal aid organizations, government agencies, and law firms. Students are placed in legal offices
where they work on real cases under the supervision of experienced attorneys. Externship programs can be full-time
or part-time, and students can earn academic credit for their work. Some externship programs require students to
take a related seminar course to help them contextualize their work in the field.

Simulation programs: Simulation programs provide students with the opportunity to practice legal skills in a simulated
setting. Examples of simulation programs include moot court competitions, mock trials, and negotiation and mediation
simulations. Simulation programs can be integrated into the law school curriculum, and students can earn academic
credit for their work. Simulation programs are designed to help students develop practical skills, such as legal research
and writing, oral advocacy, and client counseling.

Pro bono programs: Pro bono programs provide students with the opportunity to work on real cases for clients who
cannot afford legal representation. Pro bono programs can be organized in a variety of ways, but common examples
include legal aid clinics, pro bono projects, and community-based legal clinics. Pro bono programs can be integrated
into the law school curriculum, and students can earn academic credit for their work. Pro bono programs are designed
to help students develop practical legal skills, while also giving back to the community.

CLE programs can be designed to address a wide range of legal issues and can be tailored to meet the needs of different
communities. Some CLE programs focus on social justice issues, such as civil rights, immigration, and environmental
justice. Other CLE programs focus on specific areas of law, such as intellectual property, corporate law, and tax law.
Regardless of the focus, CLE programs provide students with practical legal experience and help prepare them for the
demands of modern legal practice.

Significance and need for Clinical Legal Education (CLE) in law schools.

Clinical Legal Education (CLE) in India in 1970. The Faculty of Law at Banaras Hindu University (BHU) established a Legal
Aid and Service Clinic to provide free legal aid and services to the poor and marginalized sections of society. The clinic
was staffed by law students who were trained to provide legal advice and assistance under the supervision of
experienced attorneys.

The success of BHU's Legal Aid and Service Clinic inspired other law schools in India to adopt similar programs. Today,
many law schools in India offer CLE programs, including legal aid clinics, legal aid cells, and pro bono programs. Some
law schools have also established partnerships with legal aid organizations, NGOs, and government agencies to provide
students with opportunities to work on real cases and gain practical legal experience.

CLE programs offer law students the opportunity to gain practical legal experience by working on real cases under the
supervision of experienced attorneys. This practical experience can be invaluable for law students as they transition
from the classroom to the real world of legal practice. Here are some specific reasons why CLE is significant and needed
in law schools:

Develop practical legal skills: CLE programs help law students develop practical legal skills that cannot be fully taught
in the classroom. Through CLE programs, law students can learn how to conduct legal research, draft legal documents,
interview clients, negotiate settlements, and appear in court. These practical skills are essential for success in the legal
profession.

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Exposure to diverse legal issues: CLE programs provide law students with the opportunity to work on a variety of legal
issues, including those that may not be covered in traditional law school coursework. Exposure to diverse legal issues
can broaden a law student's understanding of the law and help them develop a more nuanced approach to legal
problem-solving.

Serve the community: CLE programs often involve working with underserved communities and providing legal services
to those who cannot afford them. By participating in CLE programs, law students can learn about the challenges faced
by these communities and develop a sense of responsibility to use their legal skills to serve the public interest.

Professional development: CLE programs can help law students develop their professional skills, including networking,
teamwork, and leadership. By working on real cases, law students can gain valuable experience working with clients,
collaborating with other attorneys, and managing legal cases from start to finish.

Enhance employability: Employers in the legal profession value practical experience, and CLE programs can enhance a
law student's employability by providing them with practical legal skills and experience working on real cases. In a
competitive job market, CLE experience can help set a law student apart from other candidates.

In conclusion, Clinical Legal Education is significant and necessary in law schools because it provides law students with
practical legal experience, exposure to diverse legal issues, opportunities to serve the community, professional
development, and enhanced employability.

Problems Faced in Implementing Clinical Legal Education

Despite the many benefits of Clinical Legal Education (CLE), there are several challenges and problems that can be
faced in implementing CLE programs. Some of the most common problems are:

1. Lack of funding: Many law schools in India may not have sufficient funds to establish and maintain a clinical
legal education program. This can make it difficult to provide students with the necessary resources and
training to engage in CLE activities.
2. Limited availability of qualified faculty: CLE requires experienced and qualified faculty who can supervise and
mentor students. However, there may be a shortage of such faculty in some law schools.
3. Limited opportunities for real-life experience: CLE requires students to work on real cases and interact with
clients. However, the availability of such opportunities may be limited, particularly in areas where legal aid
clinics are not well established.
4. Resistance from the legal profession: Some members of the legal profession may be resistant to CLE, viewing
it as a threat to their traditional role as legal service providers.
5. Lack of awareness: Many students may not be aware of the benefits of CLE or the availability of CLE programs
in their law schools. This can make it difficult to attract students to CLE activities.
6. Lack of integration with the mainstream curriculum: In some cases, CLE programs may not be integrated with
the mainstream curriculum, leading to a disconnect between what students learn in the classroom and what
they experience in the field.
7. Ethical dilemmas: CLE can sometimes raise ethical dilemmas for students and faculty, particularly when
dealing with sensitive cases involving vulnerable populations.

To overcome these challenges, it is important to develop a comprehensive plan for implementing CLE programs,
including securing sufficient funding, recruiting qualified faculty, and establishing partnerships with legal aid
organizations and other stakeholders. It is also important to create awareness among students and the legal profession
about the benefits of CLE and to integrate CLE into the mainstream law school curriculum. Additionally, ethical
guidelines and protocols should be established to ensure that CLE activities are conducted in a responsible and ethical
manner.

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 ii) Need for Legal Literacy and Para Legal Services
Introduction to Legal literacy

Legal literacy refers to the ability of individuals to understand and navigate the legal system. It involves having a basic
knowledge of legal rights and responsibilities, as well as the ability to access and use legal information and resources.

Legal literacy is an important aspect of ensuring access to justice and promoting the rule of law. Without a basic
understanding of the law, individuals may be unable to protect their legal rights or seek redress for legal grievances.
This can lead to a sense of powerlessness and disempowerment, particularly among marginalized communities.

Legal literacy can be promoted through a variety of means, including education and training programmes, legal aid
clinics, and community outreach initiatives. These efforts aim to increase awareness and understanding of legal issues,
and to provide individuals with the tools and resources they need to navigate the legal system.

In addition to promoting access to justice, legal literacy can also have broader social and economic benefits. By
empowering individuals with the knowledge and skills to navigate the legal system, legal literacy can promote civic
engagement and participation, and can contribute to the development of more just and equitable societies.

Legal literacy is particularly important in developing countries, where access to justice may be limited and where legal
systems may be complex and difficult to navigate. Efforts to promote legal literacy in these contexts can help to ensure
that all individuals have the opportunity to access justice and to protect their legal rights.

Need for Legal Literacy

Legal literacy is essential for ensuring that individuals are aware of their rights and obligations under the law. It enables
individuals to make informed decisions about their lives and to participate in the legal system as equal partners. Some
additional reasons why legal literacy is needed are:

1. Protection of human rights: Legal literacy helps individuals to understand their fundamental human rights and
to take steps to protect them. This is especially important for marginalized communities who may not have
access to legal services or be aware of their legal rights.

2. Promotion of good governance: Legal literacy promotes good governance by holding public officials
accountable for their actions and by ensuring that individuals are aware of their legal rights and obligations in
relation to government policies and programmes.

3. Access to justice: Legal literacy helps individuals to navigate the legal system and access justice. This is
important for ensuring that everyone, regardless of their economic or social status, has access to legal
remedies and can seek redress for legal grievances.

4. Prevention of legal disputes: Legal literacy can help prevent legal disputes by making individuals aware of their
legal obligations and encouraging them to comply with the law. This can lead to more peaceful and
harmonious communities.

5. Economic empowerment: Legal literacy can contribute to economic empowerment by enabling individuals to
understand their legal rights and obligations in relation to contracts, property ownership, and other economic
activities. This can help individuals to make more informed decisions about their finances and to protect
themselves from exploitation.

Overall, legal literacy is crucial for ensuring that individuals are aware of their legal rights and obligations and can
participate fully in society. It is an essential component of a just and equitable legal system and is necessary for
promoting good governance and the rule of law.

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 Some Initiatives taken by India for Legal Literacy

The need for legal literacy arises from the fact that the law is an important tool for the protection and promotion of
individual and collective rights. Without legal literacy, individuals may be unable to understand their rights and
obligations, or to navigate the legal system to seek redress for legal grievances. This can lead to a sense of
disempowerment and exclusion from the benefits of the legal system.

In India, efforts have been made to promote legal literacy through a variety of means, including education and training
programmes, legal aid clinics, and community outreach initiatives. Some of the steps taken by India to promote legal
literacy are:

1. The Constitution of India guarantees the right to legal aid to all citizens, and the Legal Services Authorities Act,
1987 provides for the establishment of legal aid clinics to provide free legal aid to the poor and marginalized
sections of society.

2. The National Legal Services Authority (NALSA) was established in 1995 to provide legal aid and promote legal
literacy in the country.

3. The government has launched various legal literacy programmes, such as the National Legal Literacy Mission
(NLLM), to promote legal awareness and empower citizens with knowledge of their legal rights and obligations.

4. The Supreme Court of India has also played an important role in promoting legal literacy, through its
judgments and orders, which have emphasized the need to promote legal awareness and access to justice.

5. Law schools and universities in India have also started offering courses and programmes on legal literacy,
including clinical legal education programmes that aim to promote legal literacy among law students and the
wider community.

Overall, the promotion of legal literacy is an important step towards ensuring access to justice and promoting the rule
of law in India. By empowering citizens with knowledge of their legal rights and obligations, and by providing them
with the tools and resources to navigate the legal system, legal literacy can contribute to the development of more
just and equitable societies.

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 Para-Legal Services
Para-legal services refer to the provision of legal assistance and support services by individuals who are not necessarily
lawyers but have some basic legal knowledge and training. These services are aimed at promoting access to justice for
individuals who may not have the resources to hire a lawyer or may not have access to legal representation.

Para-legal services can take many forms, including legal aid clinics, community-based organizations, and paralegal
training programs. Para-legal professionals may provide a range of services, including legal research, drafting legal
documents, providing legal advice and information, and representing clients in administrative proceedings.

The concept of para-legal services is based on the recognition that legal representation and access to justice are
fundamental human rights. By providing affordable and accessible legal assistance, para-legal services can help to
promote the rule of law, protect the rights of vulnerable and marginalized communities, and ensure that individuals
have equal access to justice.

In India, the Legal Services Authorities Act, 1987 provides a framework for the provision of legal aid and para-legal
services. The Act mandates the establishment of legal services authorities at the national, state, and district levels, and
provides for the provision of free legal aid and assistance to marginalized and disadvantaged groups.

Para-legal services are an important component of the legal system, and can play a critical role in ensuring that
individuals have access to justice and legal representation.

Need for Para Legal Services

Para-legal services play a crucial role in promoting access to justice for all individuals, regardless of their economic or
social status. Here are some of the key reasons why para-legal services are necessary:

1. Promoting access to justice: Many individuals, particularly those who are marginalized or disadvantaged, face
significant barriers in accessing the formal legal system. Para-legal services can help to bridge this gap by
providing affordable and accessible legal assistance.

2. Empowering communities: Para-legal services can empower communities by providing them with the
knowledge and skills needed to navigate the legal system. This can help to reduce dependency on lawyers and
other legal professionals, and can promote greater self-reliance.

3. Protecting human rights: Para-legal services can help to protect the human rights of vulnerable and
marginalized groups, such as women, children, and members of minority communities. By providing legal
assistance and representation, para-legal professionals can help to ensure that these groups are able to access
justice and assert their rights.

4. Promoting the rule of law: Para-legal services can help to promote the rule of law by ensuring that individuals
have access to legal representation and assistance. This can help to reduce the prevalence of extrajudicial and
informal dispute resolution mechanisms, and can help to promote greater adherence to legal norms and
procedures.

5. Providing support to the legal system: Para-legal services can help to alleviate the burden on the formal legal
system by providing legal assistance and support to individuals and communities. This can help to reduce the
backlog of cases in the courts, and can promote greater efficiency and effectiveness in the legal system.

In India, the need for para-legal services is particularly acute given the large number of individuals who live in poverty
or are otherwise marginalized. The provision of legal aid and assistance is a key priority for the government, and para-
legal services are an important component of this effort.

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iii) Role of Lawyers, Law Students and NGO’s in Para Legal Services
Role Of Lawyers in Para Legal Services

The role of lawyers in para-legal services is crucial, as they are responsible for supervising and guiding the work of
para-legals. The following are some of the key roles played by lawyers in para-legal services:

1. Supervision and training: Lawyers are responsible for supervising and training para-legals. They provide
guidance on legal principles, ethics, and procedures, and ensure that para-legals are equipped with the
necessary skills to provide effective legal assistance to clients.

2. Reviewing and approving work: Lawyers are responsible for reviewing and approving the work of para-legals
to ensure that it is accurate, thorough, and compliant with legal standards. This helps to prevent errors or
omissions that could have serious consequences for clients.

3. Providing legal advice and guidance: Lawyers provide legal advice and guidance to para-legals, particularly in
complex or sensitive cases. They ensure that para-legals understand the legal principles and procedures
involved, and are able to provide accurate and reliable advice to clients.

4. Representing clients in court: Lawyers may represent clients in court, particularly in cases where legal
representation is required. They may also accompany para-legals to court hearings to provide guidance and
support.

5. Advocacy and policy work: Lawyers may engage in advocacy and policy work to promote the rights of
marginalized groups and to advocate for legal reforms that enhance access to justice. They may work with
para-legals to identify legal issues and to develop strategies for addressing them.

6. Collaboration with para-legal organizations: Lawyers may collaborate with para-legal organizations to
enhance their capacity and to promote effective legal assistance to clients. This may involve providing
training, resources, or technical assistance.

Overall, lawyers play a critical role in para-legal services, as they provide guidance, support, and expertise that is
essential for the effective provision of legal assistance to marginalized and vulnerable groups. Lawyers and para-
legals work together to ensure that clients receive the legal assistance they need to protect their rights and interests,
and to promote access to justice for all.

Role Of Law Students in Para Legal Services

Law students can play a crucial role in providing para-legal services as they possess legal knowledge and are trained
in various aspects of law. Some of the roles that law students can play in para-legal services are:

1. Facilitation of legal aid: Law students can act as facilitators for the provision of legal aid to those in need.
They can help identify clients who require legal aid and assist them in accessing legal services.

2. Awareness and education: Law students can conduct legal awareness and education programs in their
communities, particularly in remote and rural areas where legal literacy is low. These programs can help
educate people on their rights and responsibilities, the legal system, and the procedures to obtain legal aid.

3. Documentation and research: Law students can assist in the documentation and research of cases. They can
help in the preparation of case files, collecting evidence, and researching legal precedents that can be used
to support the case.

4. Mediation and negotiation: Law students can be trained to act as mediators and negotiators in disputes.
They can help parties in conflict to reach an agreement, avoiding lengthy legal procedures.

5. Pro bono services: Law students can provide pro bono services to those in need, particularly in cases where
legal aid is not available. They can provide legal advice, draft legal documents, and represent clients in court
under the supervision of a licensed attorney.
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 6. Referral services: Law students can assist in referring clients to legal aid organizations or licensed attorneys
when their cases require legal representation.

In conclusion, law students can play a significant role in providing para-legal services by promoting legal awareness,
facilitating access to legal aid, and providing legal assistance to those in need. Through their involvement in para-
legal services, law students can gain practical legal experience, enhance their legal skills, and contribute to the
community.

Role Of NGO’S In Para Legal Services

NGOs (Non-Governmental Organizations) play an important role in providing para-legal services to the marginalized
and underprivileged sections of society. These organizations are formed by individuals or groups of people who are
driven by a common social cause or a desire to bring about change in society. They work towards various social
causes like poverty eradication, environmental protection, women's empowerment, child welfare, education, health,
and legal aid, to name a few.

In the context of para-legal services, NGOs act as intermediaries between the needy individuals and the legal system.
They help bridge the gap between the marginalized sections of society and the formal justice system, which is often
inaccessible or unaffordable for them. NGOs also work towards creating legal awareness among the underprivileged,
and empower them to assert their legal rights.

The role of NGOs in para-legal services can be categorized as follows:

1. Legal Aid: NGOs provide free legal aid to the underprivileged sections of society. They have legal aid cells or
clinics, which provide legal assistance, advice, and representation to those who cannot afford it. The legal aid
cells also organize legal literacy camps, workshops, and training programs to create awareness about legal
rights and procedures.

2. Advocacy: NGOs advocate for the rights of the marginalized and underprivileged sections of society. They
work towards policy changes and law reforms that are beneficial for these sections. They also act as
watchdogs, and raise their voices against any human rights violations or atrocities.

3. Paralegal Training: NGOs provide paralegal training to individuals who are interested in working in the field
of legal aid. They provide them with the necessary knowledge and skills to assist lawyers in legal cases, and
to provide legal aid to the needy.

4. Public Interest Litigation (PIL): NGOs file PILs in courts to raise issues of public interest, and to protect the
rights of the underprivileged sections of society. They act as representatives of the marginalized sections,
and bring their grievances to the notice of the judiciary.

5. Mediation and Alternative Dispute Resolution (ADR): NGOs also provide mediation and ADR services to
settle disputes outside the court system. They facilitate the resolution of conflicts between individuals,
communities, and organizations through negotiation, mediation, and other forms of ADR.

In India, there are many NGOs working in the field of para-legal services, such as the People's Union for Civil Liberties
(PUCL), Human Rights Law Network (HRLN), Commonwealth Human Rights Initiative (CHRI), and Centre for Social
Justice (CSJ), to name a few. These organizations have made significant contributions towards creating legal
awareness and providing legal aid to the marginalized sections of society.

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iv) Para Legal Service Training
Para-Legal Services Training

Para-legal services training is a program designed to train individuals who are interested in providing legal assistance
to the poor and needy. The training is aimed at equipping these individuals with the necessary skills and knowledge
required to assist lawyers in providing legal services to clients.

The training usually includes a combination of theoretical and practical components. The theoretical component may
cover topics such as legal systems, laws and regulations, legal procedures, and basic legal terminology. The practical
component may involve training in skills such as interviewing clients, drafting legal documents, and conducting legal
research.

Para-legal services training may be provided by government agencies, non-governmental organizations, and law
schools. In India, the National Legal Services Authority (NALSA) is responsible for providing training to para-legal
volunteers who work with Legal Services Authorities (LSAs) at the district and taluka levels.

The training is important because it ensures that para-legal volunteers have the necessary knowledge and skills to
provide effective legal assistance to clients. It also helps to ensure that the legal aid system functions smoothly and
efficiently, and that clients receive timely and appropriate legal advice and representation. Additionally, para-legal
services training helps to create a pool of trained professionals who can provide legal assistance to marginalized and
vulnerable sections of society.

Procedure Related To Training (Para Legal Servicers) Under DLSA

The procedure related to the training of para-legal volunteers under the District Legal Services Authority (DLSA) is as
follows:

1. Identification and selection of volunteers: The DLSA identifies and selects volunteers from various social and
legal backgrounds, such as law students, social workers, and retired government officials, who have an interest
in legal aid and access to justice.

2. Orientation and training: After the selection process, the DLSA provides orientation and training to the para-
legal volunteers. The training program includes various topics related to legal aid, such as legal ethics, the
Indian legal system, the role of para-legal volunteers, and legal drafting.

3. Practical training: The para-legal volunteers are given practical training through various activities such as mock
trials, legal aid camps, legal awareness programs, and mediation sessions.

4. Assessment and evaluation: The DLSA assesses and evaluates the performance of the para-legal volunteers
during the training period. The evaluation is based on various factors such as attendance, participation, and
knowledge of legal aid.

5. Certification: Upon successful completion of the training program, the para-legal volunteers are certified by
the DLSA. The certification is recognized by the legal community and can be used as a credential for future
legal aid work.

6. Deployment: The para-legal volunteers are then deployed in various legal aid programs such as legal aid camps,
Lok Adalats, legal awareness programs, and legal aid clinics. They provide assistance to the needy and the
underprivileged by aiding them in the preparation of legal documents, providing legal advice, and representing
them in Lok Adalats and other legal forums.

Overall, the training program under DLSA aims to provide para-legal volunteers with the necessary skills and
knowledge to provide legal aid and assistance to the underprivileged sections of society.

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 Duties Of Trained Para Legal Volunteers

The duties of a trained para-legal depend on their level of training, experience, and the nature of the legal matter they
are assisting with. However, some general duties of a trained para-legal may include:

1. Providing legal information and advice to clients under the supervision of a lawyer

2. Assisting clients with filling out legal forms and documents

3. Conducting legal research and preparing legal documents

4. Liaising with courts, government agencies, and other stakeholders on behalf of clients

5. Organizing legal aid camps and awareness programs in the community

6. Identifying cases where legal aid is required and assisting in the referral of such cases to the appropriate legal
aid service providers

7. Conducting community legal education programs to enhance legal literacy and awareness among the public

8. Supporting lawyers in court proceedings by managing documents and files, and accompanying them to court
hearings

9. Providing support and assistance to legal aid clinics and organizations

10. Maintaining confidentiality of client information and ensuring ethical standards in the provision of legal
assistance.

Overall, the duties of a trained para-legal are geared towards providing effective and efficient legal assistance to those
who cannot afford legal representation or who are otherwise marginalized or vulnerable. Para-legals play a critical
role in enhancing access to justice and promoting legal awareness in their communities.

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 University of Kashmir
(Department of Law)
Srinagar, J&K 190006

Prepared By: Sheikh Mohsin

Batch: BA-LLB 2017-2023
Subject: PIL, Legal Aid & Para Legal Services
Semester: BA LLB 9th

Unit 5:-
Public Interest Lawyering
i) Public Interest Litigation in India
ii) PIL: Consumer & Environmental Protection. Scope of Public Interest Lawyering
iii) PIL and Public Involvement
iv) Law Student and PIL : Incentives and Scope of Involvement

PIL, Legal Aid & Para Legal Services Page 37 of 48

i). Public Interest Litigation in India
Introduction to P.I.L
Public interest lawyering refers to the practice of law with the primary goal of promoting the common good and
advancing the interests of underrepresented or marginalized groups, rather than solely for the benefit of individual
clients. It involves using legal skills and strategies to address social issues and to bring about systemic change.

Public interest lawyering can take various forms, including litigation, advocacy, legal aid, and community organizing. It
can involve working with individuals, communities, or organizations to address a range of issues, such as human rights,
environmental protection, labour rights, access to education, and access to justice.

Some of the key features of public interest lawyering include:

1. Social Justice: Public interest lawyering aims to promote social justice by addressing systemic issues that
impact marginalized communities. It focuses on bringing about structural change rather than just providing
relief to individuals.

2. Pro Bono work: Public interest lawyering often involves providing legal services on a pro bono basis, meaning
that lawyers work for free or at reduced rates for clients who cannot afford legal representation.

3. Collaboration: Public interest lawyers often work in collaboration with community organizations, activists, and
other stakeholders to identify issues and develop strategies to address them.

4. Strategic litigation: Public interest lawyers often use strategic litigation as a tool to advance social justice goals.
This involves selecting cases that have the potential to bring about significant legal or social change.

5. Empowerment: Public interest lawyering aims to empower marginalized communities by providing them with
legal information, training, and support to enable them to participate more effectively in the legal system.

6. Advocacy: Public interest lawyers engage in advocacy work to promote legal and policy reforms that advance
social justice goals.

In recent years, public interest lawyering has gained greater recognition and support in India. Various legal aid
programs, legal clinics, and public interest litigation initiatives have been established to promote access to justice and
to address issues such as gender-based violence, environmental protection, and access to education.

Overall, public interest lawyering is an important aspect of legal practice that aims to promote social justice and
advance the interests of marginalized communities. It requires a commitment to social change and a willingness to
use legal skills and strategies to bring about systemic change.

PIL, Legal Aid & Para Legal Services Page 38 of 48

 P.I.L in India
Public Interest Litigation (PIL) is a legal action taken in the interest of the public or a large section of society. It is an
instrument for securing justice for the people who cannot approach the courts due to poverty, illiteracy, ignorance or
other reasons. PIL is a powerful tool in the hands of the judiciary to enforce the fundamental rights of the citizens
enshrined in the Constitution of India.

The history of PIL in India dates back to the 1970s when the Supreme Court of India, in the case of Hussainara Khatoon
v. State of Bihar, took suo moto cognizance of the plight of undertrials languishing in jails for years without trial. The
court ordered the release of all such undertrials who had been in jail for more than the maximum sentence they would
have received if convicted. This case marked the beginning of PIL in India.

One of the most famous cases in the history of PIL in India is the case of M.C. Mehta v. Union of India. The case was
filed by the lawyer, M.C. Mehta, in the aftermath of the Bhopal Gas Tragedy of 1984. The case was filed as a writ
petition under Article 32 of the Constitution of India, which gives the S.C the power to enforce fundamental rights.

In this case, the Supreme Court took cognizance of the gas leak at the Union Carbide India Limited (UCIL) plant in
Bhopal and its disastrous effects on the people of the area. The court issued a series of orders directing the government
to take measures to provide relief and rehabilitation to the victims, to clean up the toxic waste, and to take steps to
prevent similar incidents in the future.

Some other of the famous cases related to PIL in India include:

1.Bandhua Mukti Morcha vs Union of India (1984): This case was filed by a social activist organization to seek the
release of bonded laborers who were working in inhumane conditions. The Supreme Court, in its judgment, laid down
guidelines for the protection of the fundamental rights of bonded laborers.

2.Vishaka vs State of Rajasthan (1997): This case was filed by a group of social activists to seek guidelines for preventing
sexual harassment of women in the workplace. The Supreme Court, in its judgment, laid down guidelines for employers
to prevent and redress sexual harassment at the workplace.

3.People's Union for Democratic Rights vs Union of India (1982): This case was filed by a group of human rights activists
to seek protection for the rights of undertrial prisoners. The Supreme Court, in its judgment, laid down guidelines for
the protection of the rights of undertrial prisoners.

PIL has been used in India to address a wide range of issues such as environmental degradation, consumer protection,
human rights, women's rights, and the rights of the marginalized sections of society. PIL has played a significant role
in bringing about social and legal reforms in the country.

Some of the key features of PIL in India include:

1. Any citizen or organization can file a PIL petition on behalf of the public interest, without having a personal
interest in the matter.
2. The court can take suo moto cognizance of a matter and initiate PIL proceedings on its own.
3. PIL petitions can be filed in any court, including the Supreme Court, High Courts, and District Courts.
In India, the courts have welcomed PIL filed by public-spirited persons and have even waived the requirement of locus
standi, i.e., the person filing the PIL must have a personal interest in the matter. Public-spirited persons can file PILs
on issues such as environmental protection, human rights violations, corruption, and other matters of public interest.

A public-spirited person is someone who is committed to the larger public good and takes an active interest in issues
that affect the community.

PILs have been instrumental in bringing about social and legal changes in India. They have provided a platform for the
marginalized sections of society to seek justice and have acted as a check on the arbitrariness of the state. PILs have
also led to the development of progressive jurisprudence in India and have helped in the evolution of the concept of
judicial activism.

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 Judicial activism

Judicial activism refers to the tendency of the judiciary to interpret the law beyond its conventional meaning and to
extend its reach to protect the rights of citizens. The judiciary in India, particularly the higher courts, has been
instrumental in promoting social justice and protecting the fundamental rights of citizens.

The Indian Constitution provides several provisions to protect the rights of citizens. Article 32 of the Constitution
provides for the right to constitutional remedies. It empowers the Supreme Court to issue writs for the enforcement
of fundamental rights guaranteed under the Constitution. Article 226 confers similar powers on the High Courts.

The judiciary has used its powers of judicial review to strike down executive and legislative actions that are in
violation of the Constitution. The higher courts have played an active role in protecting the rights of marginalized
sections of society, such as the poor, women, and minorities.

Judicial activism has played a significant role in promoting social justice in India. The Supreme Court has used its
powers to interpret the law in a progressive manner, extending the scope of fundamental rights and protecting the
rights of citizens. For instance, the Court has recognized the right to clean and healthy environment as a
fundamental right under Article 21 of the Constitution. The Court has also interpreted the right to life and personal
liberty to include the right to privacy, the right to education, and the right to health.

However, judicial activism has also been criticized by some as judicial overreach. Critics argue that the judiciary
should limit its role to interpreting the law and should not encroach upon the powers of the executive and legislative
branches of government. They argue that the judiciary should not be seen as a super-legislature, but rather as a
guardian of the Constitution.

Despite these criticisms, judicial activism has become an important aspect of the Indian legal system. It has enabled
the judiciary to protect the rights of citizens and promote social justice. The higher courts have played an important
role in shaping the legal landscape of the country, and in promoting a culture of accountability and transparency in
the executive and legislative branches of government.

Against Whom a Public Interest Litigation Can be Filed?

 A PUBLIC INTEREST LITIGATION can be filed only against a State / Central Govt., Municipal Authorities, and not
any private party.

 However "Private party" can be included in the PUBLIC INTEREST LITIGATION as "Respondent", after making
concerned state authority, a party.

 For example - If there is a Private factory in Srinagar, which is causing pollution, then people living nearly, or
any other person can file a PUBLIC INTEREST LITIGATION against:

 Government of J&K

 State Pollution Control Board, and

 Also against the private factory

However, a PUBLIC INTEREST LITIGATION can not be filed against the Private party alone

concerned state Govt./, and state authority has to be made a party.

In Electricity Board, Rajasthan v/s Mohan Lal, the Supreme Court held that other authorities would include all
authorities created by the Constitution of India or Statute on whom powers are conferred by law.

PIL, Legal Aid & Para Legal Services Page 40 of 48

 PIL & Writ Petetion

Public Interest Litigation (PIL) and writ petition are two legal remedies available to the citizens of India to seek justice
and protect their rights. PIL is a type of writ petition filed in the High Court or the Supreme Court of India on behalf
of a group of people or an individual who is not able to approach the court due to various reasons like poverty,
disability, illiteracy, etc. On the other hand, a writ petition is a legal document that is filed by an individual or group
of individuals seeking the enforcement of their fundamental rights enshrined in the Constitution of India.

The PIL is based on the principle of access to justice, which is a fundamental right guaranteed under Article 21 of the
Constitution of India. Any citizen can file a PIL in the High Court or the Supreme Court on behalf of the public or a
group of people whose rights have been violated or are in danger of being violated. The petitioner does not need to
have a personal interest in the matter but should only have a genuine concern for the public interest.

The procedure for filing a PIL is not very different from a writ petition. The PIL can be filed either by a letter
addressed to the Chief Justice of the High Court or the Supreme Court or by filing a petition in person or through a
lawyer. The petition should contain all the necessary details like the name and address of the petitioner, the
respondents, and the cause of action. It should also clearly state the grounds on which the petition is being filed and
the relief sought.

Once the petition is filed, the court will examine the petition and if it finds merit in the case, it will issue a notice to
the respondent(s) and give them an opportunity to file their response. The court may also appoint an amicus curiae
or a senior lawyer to assist the court in the matter. The court may also direct the concerned government or public
authority to submit a report on the matter.

In the case of writ petitions, there are five types of writs available under the Constitution of India - Habeas Corpus,
Mandamus, Prohibition, Certiorari, and Quo Warranto. These writs are filed to enforce fundamental rights and other
legal rights. The procedure for filing a writ petition is similar to that of a PIL. The petition should contain all the
necessary details and should be filed in the relevant court. The court will examine the petition and issue notices to
the respondents. The court may also appoint an amicus curiae or a senior lawyer to assist the court in the matter.

In 1981 Justice P. N. Bhagwati in .S. P. Gupta v. Union of India, articulated the concept of PIL as follows, Where a
legal wrong or a legal injury is caused to a person or to a determinate class of persons by reason of violation of any
constitutional or legal right or any burden is imposed in contravention of any constitutional or legal provision or
without authority of law or any such legal wrong or legal injury or illegal burden is threatened and such person or
determinate class of persons by reasons of poverty, helplessness or disability or socially or economically
disadvantaged position unable to approach the court for relief, any member of public can maintain an application for
an appropriate direction, order or writ in the High Court under Article 226 and in case any breach of fundamental
rights of such persons or determinate class of persons, in this court under Article 32 seeking judicial redress for the
legal wrong or legal injury caused to such person or determinate class of persons.

This was the first case in which the Supreme Court relaxed the concept of 'locus standi' to allow any public-spirited
person to file a writ petition as a Public Interest Litigation (PIL).

A Public Interest Litigation can be filed before the Supreme Court under Article 32 of the Constitution or before the
High Court of a State under Article 226 of the Constitution under their respective Writ Jurisdictions. There are mainly
five types of Writs - (i) Writ of Habeaus Corpus, (ii) Writ of Mandamus, (iii) Writ of Quo-Warranto, (iv) Writ of
Prohibition, and (v) Writ of Certiorari.

(I) Writ of Habeas Corpus:

It is the most valuable writ for personal liberty. Habeas Corpus means, Let us have the body. A person, when
arrested, can move the Court for the issue of Habeas Corpus. It is an order by a Court to the detaining authority to
produce the arrested person before it so that it may examine whether the person has been detained lawfully or
otherwise. If the Court is convinced that the person is illegally detained, it can issue orders for his release

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(II) The Writ of Mandamus:

Mandamus is a Latin word, which means We Command. Mandamus is an order from a superior court to a lower
court or tribunal or public authority to perform an act, which falls within its duty. It is issued to secure the
performance of public duties and to enforce private rights withheld by the public authorities. Simply, it is a writ
issued to a public official to do a thing which is a part of his official duty, but, which, he has failed to do, so far. This
writ cannot be claimed as a matter of right. It is the discretionary power of a court to issue such writs.

(III) The Writ of Quo-Warranto:

The word Quo-Warranto literally means by what warrants? It is a writ issued with a view to restraining a person from
acting in a public office to which he is not entitled. The Writ of quo-warranto is used to prevent illegal assumption of
any public office or usurpation of any public office by anybody. For example, a person of 62 years has been
appointed to fill a public office whereas the retirement age is 60 years. Now, the appropriate High Court has a right
to issue a Writ of quo-warranto against the person and declare the office vacant.

(IV) The Writ of Prohibition:

Writ of prohibition means to forbid or to stop and it is popularly known as 'Stay Order'. This Writ is issued when a
lower court or a body tries to transgress the limits or powers vested in it. It is a Writ issued by a superior court to
lower court or a tribunal forbidding it to perform an act outside its jurisdiction. After the issue of this Writ
proceedings in the lower court etc. come to a stop. The Writ of prohibition is issued by any High Court or the
Supreme Court to any inferior court, prohibiting the latter to continue proceedings in a particular case, where it has
no legal jurisdiction of trial. While the Writ of mandamus commands doing of particular thing. Writ of prohibition is,
thus, not available against a public officer not vested with judicial or quasi-judicial powers. The Supreme Court can
issue this Writ only where a fundamental right is affected.

(V) The Writ of Certiorari:

Literally, Certiorari means to be certified. The Writ of Certiorari is issued by the Supreme Court to some inferior
court or tribunal to transfer the matter to it or to some other superior authority for proper consideration. The Writ
of Certiorari can be issued by the Supreme Court or any High Court for quashing the order already passed by an
inferior court.

Merits And Demerits Of PIL

While PIL has been a valuable tool for social and legal change, its misuse and overuse can undermine its credibility and
effectiveness. Hence, there is a need for a balanced approach to ensure that PIL is used judiciously, and its benefits
are realized while mitigating its demerits.

Merits of PIL:

1. Access to Justice: PIL provides an effective mechanism for the common man to seek justice and enforce their
rights, particularly those who do not have the financial resources to approach the courts.

2. Social Change: PIL can bring about social and systemic changes by exposing the flaws in the system and pushing
for legal and policy reforms.

3. Public Accountability: PIL helps in ensuring public accountability by bringing to light the issues of public
concern and holding the authorities accountable.

4. Judicial Activism: PIL has led to the judiciary's increased role in social and political affairs, thereby
strengthening the constitutional democracy.

5. Protection of Human Rights: PIL has been an effective tool in protecting human rights, particularly the rights
of vulnerable and marginalized sections of society.
PIL, Legal Aid & Para Legal Services Page 42 of 48
Demerits of PIL:

1. Misuse: PIL has often been misused by individuals or groups for personal gain or to further their political or
ideological agenda.

2. Delay: PIL cases may lead to prolonged litigation and delays in justice delivery, leading to increased costs and
frustration among litigants.

3. Lack of Representation: PIL may not always represent the views and interests of the affected parties,
particularly in cases where the affected parties are not involved in the litigation.

4. Overburdening of Courts: PIL cases can often overburden the courts, leading to a backlog of cases and delays
in the adjudication of other cases.

5. Judicial Overreach: PIL cases can sometimes lead to judicial overreach, where the judiciary intervenes in the
policy & legislative matters that are beyond its purview, thereby violating the principle of separation of powers.

Ways To Remove Defects in PIL System in India

There are several ways to remove defects in the PIL system in India. Some of these include:

1. Stricter rules for filing PILs: There should be stricter rules for filing PILs to avoid frivolous PILs. This can be done
by imposing penalties or fines on those who file such PILs. The courts can also dismiss such PILs at the outset
or impose costs on the petitioners.

2. Encouraging pro bono work: The legal profession should encourage more pro bono work, where lawyers
provide free legal services to those who cannot afford it. This would ensure that genuine PILs are filed and
would also help in addressing the concerns of marginalized sections of society.

3. Use of technology: The use of technology can help in streamlining the PIL process. For instance, the online
filing of PILs can reduce paperwork and make it easier for people to file PILs. The use of technology can also
help in tracking the progress of PILs and ensuring that they are disposed of in a timely manner.

4. Limiting the role of interveners: In some cases, interveners can prolong the PIL process and cause unnecessary
delays. The courts should limit the role of interveners and ensure that they only participate in the PIL if they
have a genuine interest in the matter.

5. Strengthening the PIL framework: The PIL framework should be strengthened to ensure that it is not misused.
This can be done by ensuring that only public-spirited individuals or organizations are allowed to file PILs, and
by requiring them to provide evidence to support their claims.

6. Imposing costs on parties: The courts should have the power to impose costs on parties who file frivolous PILs
or who cause unnecessary delays in the PIL process. This would discourage such behavior and help in
improving the overall efficiency of the PIL system.

7. Improving access to justice: The PIL system should be complemented with other measures to improve access
to justice for marginalized sections of society. This can include the provision of legal aid, the establishment of
legal clinics, and the use of alternative dispute resolution mechanisms.

Overall, these measures can help in improving the PIL system in India and ensuring that it serves its intended purpose
of promoting public interest and protecting the rights of citizens.

PIL, Legal Aid & Para Legal Services Page 43 of 48

ii). PIL: Consumer & Environmental Protection. Scope of PIL
Public Interest Litigation & Consumer Protection
Public Interest Litigation (PIL) is a legal mechanism through which individuals or organizations can approach the court
to seek relief or justice for public interest issues. PIL has played a significant role in consumer protection in India by
providing a platform for individuals and organizations to bring to the court's attention issues related to consumer
rights and protection.

Consumer protection is a critical aspect of public interest, as consumers are the most vulnerable group in the market
economy. The Consumer Protection Act, 1986, was enacted to safeguard consumers' interests and protect them
against unfair trade practices, defective goods, and services. However, the Act's implementation has been inadequate,
and consumers continue to face numerous challenges and grievances.

PIL has emerged as a powerful tool to address the gaps in the existing legal framework for consumer protection in
India. PILs related to consumer protection have been filed in Indian courts to seek redressal for various issues such as
misleading advertisements, overpricing of goods, sale of substandard products, and inadequate compensation for
defective goods or services.

One of the significant advantages of PIL in consumer protection is that it enables individuals and organizations to bring
issues related to consumer rights and protection to the court's attention, even if they are not directly affected by them.
In this way, PIL serves as a platform for addressing issues that would otherwise go unnoticed or unaddressed. PIL also
provides an opportunity for public participation in matters of public interest and promotes transparency and
accountability in governance.

PIL has been instrumental in shaping consumer protection laws and policies in India. For instance, in the case of Tata
Cellular v. Union of India (1994), the Supreme Court held that telephone service providers are accountable to their
consumers for providing reliable and efficient services.

However, there are also some limitations to the PIL mechanism in consumer protection. One of the significant
challenges is that PILs are often filed by individuals or organizations with vested interests, which may not be aligned
with public interest. This can result in frivolous or vexatious PILs that waste the court's time and resources.

Another challenge is that PILs may not always be the best way to address consumer protection issues. In some cases,
alternative mechanisms such as consumer forums or regulatory authorities may be more effective in providing relief
to aggrieved consumers.

Despite these challenges, PIL has emerged as a potent tool for consumer protection in India, enabling individuals and
organizations to hold corporations and the government accountable for ensuring consumer rights and protection. PIL
has also contributed to the evolution of important principles of environmental law, providing a legal framework for
addressing environmental degradation and promoting sustainable development.

Public Interest Litigation & Environmental Protection

Public Interest Litigation (PIL) has emerged as a powerful tool in India for protecting the environment. Prior to the
1980s, only individuals who had a direct personal interest or were directly affected by a legal dispute had the right to
file a writ petition. This limited access to justice for marginalized groups who were unable to represent themselves in
court due to poverty or other forms of disadvantage.

However, the introduction of PIL in India through the reports of the Committee on Legal Aid headed by Justices P.N.
Bhagwati and V.R. Krishna Iyer brought about a new development in environmental jurisprudence. PIL has allowed for
the initiation of legal action by individuals or organizations on behalf of a larger group or the general public, without
having to prove a direct personal interest or injury.

PIL, Legal Aid & Para Legal Services Page 44 of 48

PIL has resulted in more accessible and alleviated procedural rules, enabling citizens to demand the implementation
of their constitutional and legal rights. This approach has been particularly helpful for marginalized groups who face
social, economic, and cultural barriers that prevent them from accessing the justice system.

The Indian judiciary has used PIL to address a variety of environmental issues such as contaminated water, vehicular
pollution, illegal deforestation, and construction projects that cause environmental damage. In one notable case,
citizens successfully petitioned the court to stop the construction of a private hospital on public parkland.

The use of PIL has helped to strengthen environmental protection in India by empowering marginalized groups and
holding corporations and government entities accountable for their actions. PIL has been instrumental in shaping
environmental law and policy in India, setting important precedents and establishing principles that have been
adopted in subsequent cases.

Environmental protection is a critical issue in India, where rapid industrialization and economic development have led
to widespread pollution and environmental degradation. PIL has been used extensively in India to address
environmental issues and hold government authorities and private entities accountable for environmental damage.
PIL petitions have been filed on a range of environmental issues, including air and water pollution, deforestation, and
the protection of wildlife.

PIL is particularly important in environmental protection because it allows individuals and organizations to seek justice
on behalf of the public interest, which may not be possible through traditional legal channels. PIL allows the judiciary
to take up issues of public concern without waiting for a specific complaint or petition from a particular individual or
group. PIL has been instrumental in bringing attention to environmental issues in India and holding those in power
accountable for environmental damage.

The importance of PIL in environmental protection is evident from several landmark judgments delivered by Indian
courts. In 1985, the Supreme Court of India heard a PIL petition filed by lawyer M.C. Mehta regarding air pollution in
Delhi. The Supreme Court's judgment in this case led to the introduction of the Air (Prevention and Control of Pollution)
Act, 1981 and the formation of the Central Pollution Control Board. Similarly, in 1996, the Supreme Court heard a PIL
petition regarding the pollution of the Ganges river, leading to the formation of the National River Conservation
Directorate and the establishment of the Ganges River Basin Authority.

PIL has also been used to protect wildlife and their habitats. In 1997, the SC of India heard a PIL petition filed by the
Wildlife Trust of India regarding the protection of the Great Indian Bustard. The court's judgment led to the formation
of the Great Indian Bustard Conservation Project, which aimed to protect the habitat of the endangered bird species.

In conclusion, PIL has become an essential part of India's legal system, particularly in environmental protection. It
provides a platform for the public to hold those in power accountable for environmental damage and to push for
stronger environmental regulations and enforcement. PIL has been instrumental in addressing environmental issues
and protecting wildlife in India.

Important Principles of Environmental Law Evolved by Indian Judiciary Through Public Interest Litigation

The Indian Judiciary has played a crucial role in developing environmental jurisprudence through Public Interest
Litigation (PIL). PIL has been instrumental in the protection of the environment and the promotion of sustainable
development in India. The following are some of the key principles of environmental law that have been evolved
through PIL in India:

1. The Precautionary Principle: The Precautionary Principle states that where there is a threat of serious or
irreversible damage to the environment, in the absence of full scientific certainty, the burden of proof falls on
those who seek to undertake the activity that could cause such damage. This principle has been developed
through PIL cases such as Vellore Citizens Welfare Forum v. Union of India (1996), where the Supreme Court
held that the Precautionary Principle was a part of the environmental law of India.

2. The Polluter Pays Principle: The Polluter Pays Principle states that those who cause pollution or environmental
damage should bear the cost of remediation. This principle has been developed through PIL cases such as
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 Indian Council for Enviro-Legal Action v. Union of India (1996), where the Supreme Court held that the Polluter
Pays Principle was a part of the environmental law of India.

3. Sustainable Development: Sustainable development is the development that meets the needs of the present
without compromising the ability of future generations to meet their own needs. The concept of sustainable
development has been developed through PIL cases such as Rural Litigation and Entitlement Kendra v. State
of Uttar Pradesh (1985), where the Supreme Court held that the right to a clean environment was a
fundamental right under Article 21 of the Constitution of India.

4. Public Trust Doctrine: The Public Trust Doctrine states that certain natural resources such as air, water, and
forests are held by the government in trust for the people, and that the government has a duty to protect and
preserve these resources for the benefit of the people. The Public Trust Doctrine has been developed through
PIL cases such as M.C. Mehta v. Kamal Nath (1997), where the Supreme Court held that the government had
a duty to protect the Taj Mahal as it was a part of the country's cultural heritage.

Overall, the Indian Judiciary has played a significant role in the development of environmental law in India through PIL.
The principles of the Precautionary Principle, the Polluter Pays Principle, Sustainable Development, and the Public
Trust Doctrine have all been developed through PIL cases. These principles have been instrumental in the protection
of the environment and the promotion of sustainable development in India.

Scope Of Public Interest Lawyering

Public interest lawyering has a broad scope and can cover a wide range of legal issues that affect the public at large.
Some of the areas where public interest lawyering can be applied include:

1. Civil Rights: Public interest lawyers can work towards protecting and promoting the civil rights of marginalized
and disadvantaged communities. They can work towards challenging discriminatory laws and practices,
protecting the rights of minorities, and ensuring equal access to justice for all.

2. Consumer Protection: Public interest lawyers can work towards protecting the rights of consumers and
promoting fair and ethical business practices. They can work towards challenging unfair trade practices,
protecting consumers from fraud and deception, and advocating for the rights of vulnerable consumers.

3. Environmental Protection: Public interest lawyers can work towards protecting the environment and
promoting sustainable development. They can work towards challenging environmentally harmful practices,
promoting renewable energy, and advocating for environmental regulations and policies.

4. Human Rights: Public interest lawyers can work towards protecting and promoting human rights at the
national and international level. They can work towards challenging human rights abuses, advocating for the
rights of refugees and asylum seekers, and promoting international human rights standards.

5. Labour Rights: Public interest lawyers can work towards protecting the rights of workers and promoting fair
labour practices. They can work towards challenging exploitative labor practices, advocating for the rights of
vulnerable workers, and promoting social justice in the workplace.

6. Public Health: Public interest lawyers can work towards promoting public health and advocating for policies
and laws that protect the health of the public. They can work towards challenging harmful health practices,
promoting access to healthcare, and advocating for public health policies that promote health equity.

7. Women's Rights: Public interest lawyers can work towards promoting and protecting the rights of women.
They can work towards challenging gender-based violence, advocating for women's reproductive rights, and
promoting gender equality in all areas of society.

Overall, the scope of public interest lawyering is vast and encompasses a range of legal issues that affect the public at
large. Public interest lawyers can work towards promoting social justice and advancing the public interest in a variety
of legal fields and areas of practice.

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iii). PIL and Public Involvement
Public Interest Litigation (PIL) is a significant legal tool used in India for the benefit of the public at large. The objective
of PIL is to ensure the safeguarding of public interest, preventing injustice to the disadvantaged sections of society and
strengthening democracy. PIL empowers public-spirited individuals, social activists, non-governmental organizations
(NGOs), and lawyers to file a petition before a court of law, seeking relief for violations of the constitutional rights of
people or for the public at large.

Public involvement is an essential aspect of PIL. The Supreme Court and the High Courts have recognized the need to
involve the public in the decision-making process on various issues of public importance, including environmental
protection, consumer rights, and public health. The courts have also held that the public has a right to participate in
PILs, and their views and suggestions are valuable in the resolution of issues.

PIL provides a platform for public involvement in several ways. For instance, the courts may invite NGOs or social
activists to file a PIL, which allows them to voice their opinions and concerns regarding issues that affect society. PIL
also enables the courts to seek the views of the public and experts on complex issues. The courts can hold public
hearings and consultations to understand the impact of their decisions on society and consider suggestions from the
public.

One of the significant advantages of public involvement in PIL is that it increases public awareness of legal rights and
issues. PIL serves as a tool for educating the public on issues related to constitutional rights and the legal system. The
public becomes more aware of their rights and the remedies available to them in case of a violation. PIL can also
encourage people to become active participants in public life and take up issues that affect them.

However, there are also challenges in involving the public in PIL. One of the challenges is the lack of awareness and
understanding of the legal system among the public. The legal language and procedures can be complex and difficult
to understand, which can make it challenging for the public to participate effectively. There may also be a lack of
resources available to educate the public and enable them to participate effectively in PIL.

Another challenge is the risk of abuse of the PIL system. Some individuals or organizations may file PILs for personal
gain or to further their interests. This can lead to frivolous PILs, which waste the time and resources of the courts.

In conclusion, PIL provides an opportunity for public involvement in issues of public importance. Public participation
is vital in ensuring that the courts make informed decisions that reflect the needs and concerns of society. However,
there are challenges in involving the public in PIL, and efforts must be made to overcome these challenges and ensure
that the system is not abused.

iv). Law Student and PIL : Incentives and Scope of Involvement

Law students play a crucial role in promoting public interest litigation (PIL) as a means of seeking justice for the
marginalized and underprivileged sections of society. As future lawyers, law students can contribute significantly to
the development of PIL jurisprudence and help in the realization of the Constitutional goals of justice, equality, and
fraternity. law students can play a crucial role in promoting PIL as a means of seeking justice for the marginalized
sections of the society. By getting involved in PIL cases, law students can contribute to the development of PIL
jurisprudence, enhance their legal skills, and contribute to the larger goal of social justice.

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 Incentives for Law Students in PIL:

1. Learning Experience: Public Interest Litigation is a unique way of practicing law as it aims to address issues of
public importance and can provide law students with a valuable learning experience. PIL can give law students
the opportunity to engage with practical issues that impact society and learn about the legal framework in
which such issues are addressed.

2. Skill Development: Law students who participate in PIL can develop a range of practical skills such as legal
drafting, researching, and advocacy. These skills can be useful in their future legal practice and help them to
become more effective advocates.

3. Networking: Participating in PIL can provide law students with the opportunity to network with lawyers,
activists, and other stakeholders in the legal field. This can be helpful for students who are interested in
pursuing a career in public interest law or who wish to work on social justice issues.

4. Social Impact: PIL has the potential to bring about social change and impact the lives of individuals and
communities. Law students who participate in PIL can be a part of this social impact and make a meaningful
contribution to society.

Scope of Involvement for Law Students in PIL:

1. Research: Law students can assist lawyers in conducting legal research on various issues related to PIL. This
can involve researching legal precedents, statutes, and case law related to the issue at hand.

2. Drafting: Law students can help lawyers in drafting PIL petitions, affidavits, and other legal documents. This
can provide students with valuable experience in legal drafting and help them to develop their writing skills.

3. Advocacy: Law students can assist lawyers in advocating PIL cases in court. This can involve attending court
hearings, assisting in arguments, and preparing notes for lawyers.

4. Awareness Campaigns: Law students can engage in awareness campaigns related to the issues raised in PIL.
This can involve organizing events, conducting workshops, and using social media to spread awareness about
the issue.

5. Collaborations: Law students can collaborate with NGOs, activists, and other stakeholders who are working
on issues related to PIL. This can provide students with an opportunity to learn from experts in the field and
build connections.

Procedure for Law Students to Get Involved in PIL:

1. Identify the issue: Law students should identify the public interest issue that they want to work on. They should
research the legal framework and identify any legal precedents that may be relevant to the issue.

2. Find a PIL petitioner: Law students can find PIL petitioners by reaching out to NGOs, public interest lawyers,
or by conducting their research. They can assist PIL petitioners by conducting legal research, drafting pleadings,
and preparing legal arguments.

3. File a PIL petition: If law students want to initiate a PIL themselves, they can file a PIL petition in the High Court
or the Supreme Court. They will need to prepare the petition, which should include the legal arguments and
the relief sought.

4. Work with a public interest lawyer: Law students should work with experienced public interest lawyers who
can guide them through the PIL process. They can also connect with other legal professionals.

In conclusion, the involvement of law students in PIL can be a mutually beneficial arrangement for both students and
the society. Law students can gain valuable experience and contribute to social justice issues while PIL can bring about
positive social change.

...……………………………………<Best of Luck> ...……………………………………

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