V-IV- C

(Practical Training)
Public Interest Lawyering
Delivered by
Adv. Bhagyashree Dalvi
Govt Law College, Mumbai
 Topics
1. Public Interest Litigation
2. Legal Services Authorities Act 1987
3. Legal Aid Services
4. Para Legal Training and Legal Literacy
5. Visit to Law Journal Office or Solicitor’s Firm
6. Case Comment
Public Interest Litigation
 Introduction

• The expression ‘Public Interest Litigation’ has been borrowed from American
jurisprudence, where it was designed to provide legal representation to previously
unrepresented groups like the poor, the racial minorities, unorganised consumers,
citizens who were passionate about the environmental issues, etc.
• Public interest Litigation (PIL) means litigation filed in a court of law, for the
protection of “Public Interest”, such as Pollution, Terrorism, Road safety,
Constructional hazards etc. Any matter where the interest of public at large is affected
can be redressed by filing a Public Interest Litigation in a court of law.
• Public interest litigation is not defined in any statute or in any act. It has been
interpreted by judges to consider the intent of public at large.
• Public interest litigation is the power given to the public by courts through judicial
activism. However, the person filing the petition must prove to the satisfaction of the
court that the petition is being filed for a public interest and not just as a frivolous
litigation by a busy body.
• The court can itself take cognizance of the matter and proceed Suo
motu or cases can commence on the petition of any public spirited
individual.
• Some of the matters which are entertained under PIL are:

• Bonded Labour matters

• Neglected Children
• Non-payment of minimum wages to workers and exploitation of casual
workers
• Atrocities on women
• Environmental pollution and disturbance of ecological balance
• Food adulteration
• Maintenance of heritage and culture
 Genesis and Evolution of PIL in India: Some Landmark Judgements

• The seeds of the concept of public interest litigation were initially

sown in India by Justice Krishna Iyer, in 1976 in Mumbai Kamagar
Sabha vs. Abdul Thai.
• The first reported case of PIL was Hussainara Khatoon vs. State of
Bihar (1979) that focused on the inhuman conditions of prisons and
under trial prisoners that led to the release of more than 40,000 under
trial prisoners.
• Right to speedy justice emerged as a basic fundamental right which
had been denied to these prisoners. The same set pattern was
adopted in subsequent cases.
 A new era of the PIL movement was heralded by Justice P.N.
Bhagawati in the case of S.P. Gupta vs. Union of India.

▪ In this case it was held that “any member of the public or social action group acting
bonafide” can invoke the Writ Jurisdiction of the High Courts (under article 226) or
the Supreme Court (under Article 32) seeking redressal against violation of legal or
constitutional rights of persons who due to social or economic or any other disability
cannot approach the Court.
▪ By this judgment PIL became a potent weapon for the enforcement of “public duties”
where executive action or misdeed resulted in public injury. And as a result any citizen
of India or any consumer groups or social action groups can now approach the apex
court of the country seeking legal remedies in all cases where the interests of general
public or a section of the public are at stake.
▪ Justice Bhagwati did a lot to ensure that the concept of PILs was clearly enunciated.
He did not insist on the observance of procedural technicalities and even treated
ordinary letters from public-minded individuals as writ petitions.
• The Supreme Court in Indian Banks’ Association, Bombay & Ors. vs. M/s
Devkala Consultancy Service and Ors held :- “In an appropriate case, where
the petitioner might have moved a court in her private interest and for
redressal of the personal grievance, the court in furtherance of Public Interest
may treat it a necessity to enquire into the state of affairs of the subject of
litigation in the interest of justice.” Thus, a private interest case can also be
treated as public interest case.
• M.C Mehta vs. Union of India: In a Public Interest Litigation brought against
Ganga water pollution so as to prevent any further pollution of Ganga water.
Supreme Court held that petitioner although not a riparian owner is entitled to
move the court for the enforcement of statutory provisions, as he is the person
interested in protecting the lives of the people who make use of Ganga water.
• Vishaka v. State of Rajasthan: The judgement of the case recognized sexual
harassment as a violation of the fundamental constitutional rights of Article
14, Article 15 and Article 21. The guidelines also directed for the Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal)
Act, 2013.
 Factors Responsible for the Growth of PIL in India

• The character of the Indian Constitution. India has a written constitution

which through Part III (Fundamental Rights) and Part IV (Directive Principles of
State Policy) provides a framework for regulating relations between the state
and its citizens and between citizens inter-se.
• India has some of the most progressive social legislations to be found
anywhere in the world whether it be relating to bonded labor, minimum
wages, land ceiling, environmental protection, etc. This has made it easier for
the courts to haul up the executive when it is not performing its duties in
ensuring the rights of the poor as per the law of the land.
• The liberal interpretation of locus standi where any person can apply to the
court on behalf of those who are economically or physically unable to come
before it has helped. Judges themselves have in some cases initiated suo moto
action based on newspaper articles or letters received.
• Although social and economic rights given in the Indian Constitution under
Part IV are not legally enforceable, courts have creatively read these into
fundamental rights thereby making them judicially enforceable. For instance
the "right to life" in Article 21 has been expanded to include right to free legal
aid, right to live with dignity, right to education, right to work, freedom from
torture, bar fetters and hand cuffing in prisons, etc.
• Judicial innovations to help the poor and marginalised: For instance, in
the Bandhua Mukti Morcha, the Supreme Court put the burden of proof on
the respondent stating it would treat every case of forced labor as a case of
bonded labor unless proven otherwise by the employer. Similarly in the Asiad
Workers judgment case, Justice P.N. Bhagwati held that anyone getting less
than the minimum wage can approach the Supreme Court directly without
going through the labor commissioner and lower courts.
• In PIL cases where the petitioner is not in a position to provide all the
necessary evidence, either because it is voluminous or because the parties are
weak socially or economically, courts have appointed commissions to collect
information on facts and present it before the bench.
• Any citizen can file a public case by filing a petition:

• Under Art 32 of the Indian Constitution, in the Supreme Court.

• Under Art 226 of the Indian Constitution, in the High Court.
• Under sec. 133 of the Criminal Procedure Code, in the Court of Magistrate.
• However, the court must be satisfied that the Writ petition fulfils some basic
needs for PIL as the letter is addressed by the aggrieved person, public spirited
individual and a social action group for the enforcement of legal or Constitutional
rights to any person who are not able to approach the court for redress.
• A Public Interest Litigation can be filed against a State/ Central Govt., Municipal
Authorities, and not any private party. The definition of State is the same as given
under Article 12 of the Constitution and this includes the Governmental and
Parliament of India and the Government and the Legislature of each of the States
and all local or other authorities within the territory of India or under the control
of the Government of India.
 Against whom Public Interest Litigation can be filed

• A Public Interest Litigation can be filed against a State/ Central Govt., Municipal Authorities,
and not any private party.
• The definition of State is the same as given under Article 12 of the Constitution and this
includes the Governmental and Parliament of India and the Government and the Legislature
of each of the States and all local or other authorities within the territory of India or under the
control of the Government of India.
• According to Art.12, the term State includes the Government and Parliament of India and the
Government and the Legislatures of each of the States and all local or other authorities within
the territory of India or under the control of the Government of India.
Thus the authorities and instrumentalities specified under Art.12 are -
# The Government and Parliament of India
# The Government and Legislature of each of the States
# All local authorities
# Other authorities within the territory of India or under the Government of India.
• 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.
However, Private party can be included in the PIL as
Respondent, after making concerned state authority, a party. For
example- if there is a Private factory in Delhi, which is causing
pollution, then people living nearly, or any other person can file a
PIL against the Government of Delhi, Pollution Control Board,
and against the private factory. However, a PIL cannot be filed
against the Private party alone.
 Procedure for Filing Public Interest Litigation

• (a) Filing
Public Interest Litigation petition is filed in the same manner, as a writ petition is filed.
If a PIL is filed in a High Court, then two (2) copies of the petition have to be filed (for
Supreme Court, then (4)+(1)(i.e.5) sets) Also, an advance copy of the petition has to
be served on the each respondent, i.e. opposite party, and this proof of service has to
be affixed on the petition.
(b) The Procedure
A Court fee of Rs. 50 , per respondent (i.e. for each number of party, court fees of Rs
50) have to be affixed on the petition. Proceedings, in the PIL commence and carry on
in the same manner, as other cases. However, in between the proceedings if the
Judge feels that he may appoint the commissioner, to inspect allegations like pollution
being caused, trees being cut, sewer problems, etc. After filing of replies, by opposite
party, or rejoinder by the petitioner, final hearing takes place, and the judge gives his
final decision.
• (a) Remedial in Nature: Remedial nature of PIL departs from traditional locus standi rules. It indirectly
incorporated the principles enshrined in the part IV of the Constitution of India into part III of the Constitution.
By riding the aspirations of part IV into part III of the Constitution had changeth the procedural nature of the
Indian law into dynamic welfare one. Bandhu Mukti Morcha v/s Union of India, Unnikrishnan v/s State of A.P.,
etc were the obvious examples of this change in nature of judiciary.

(b) Representative Standing: Representative standing can be seen as a creative expansion of the well-accepted
standing exception which allows a third party to file a habeas corpus petition on the ground that the injured
party cannot approach the court himself. And in this regard the Indian concept of PIL is much broader in
relation to the American. PIL is a modified form of class action.

(c) Citizen standing: The doctrine of citizen standing thus marks a significant expansion of the court's rule, from
protector of individual rights to guardian of the rule of law wherever threatened by official lawlessness.

(d) Non-adversarial Litigation: In the words of Supreme Court in People's Union for Democratic Rights v. Union
of India, We wish to point out with all the emphasis at our command that public interest litigation…is a totally
different kind of litigation from the ordinary traditional litigation which is essentially of an adversary character
where there is a dispute between two litigating parties, one making claim or seeking relief against the other
and that other opposing such claim or resisting such relief.
 Locus Standi

• Locus Standi means the legal capacity to sue or approach courts. Under both the
inquisitorial and adversarial system, the parties approaching the courts must have
been aggrieved or deprived of their rights. Thus, in any legal process, the
existence of locus standi is necessary.
• PIL is different from the usual method of litigation. Locus standi is mandatory in
traditional litigation, but a genuine interest or legitimate concern about the issues
of the public will act as a substitute for local standi in a PIL.
• Therefore, Locus standi is the standing of a person in whom the right to legal
action vests. Thus, according to the principle of locus standi, any aggrieved person
can approach the courts for a remedy. Locus standi is relaxed and made flexible in
a Public Interest Litigation to expand the scope of litigation by considering the
rights and issues of the marginalized and underprivileged.
 Significance of PIL

• The aim of PIL is to give to the common people access to the courts to obtain legal redress.
• PIL is an important instrument of social change and for maintaining the Rule of law and
accelerating the balance between law and justice.
• The original purpose of PILs have been to make justice accessible to the poor and the
marginalised.
• It is an important tool to make human rights reach those who have been denied rights.
• It democratises the access of justice to all. Any citizen or organisation who is capable can file
petitions on behalf of those who cannot or do not have the means to do so.
• It helps in judicial monitoring of state institutions like prisons, asylums, protective homes, etc.
• It is an important tool for implementing the concept of judicial review.
• Enhanced public participation in judicial review of administrative action is assured by the
inception of PILs.
 Certain Weaknesses of PIL

• PIL actions may sometimes give rise to the problem of competing rights. For
instance, when a court orders the closure of a polluting industry, the interests
of the workmen and their families who are deprived of their livelihood may not
be taken into account by the court.
• It could lead to overburdening of courts with frivolous PILs by parties with
vested interests. PILs today has been appropriated for corporate, political and
personal gains. Today the PIL is no more limited to problems of the poor and
the oppressed.
• Cases of Judicial Overreach by the Judiciary in the process of solving socio-
economic or environmental problems can take place through the PILs.
• PIL matters concerning the exploited and disadvantaged groups are pending
for many years. Inordinate delays in the disposal of PIL cases may render
many leading judgments merely of academic value.
 Conclusion

• Public Interest Litigation has produced astonishing results which were unthinkable
three decades ago. Degraded bonded labourers, tortured under trials and women
prisoners, humiliated inmates of protective women’s home, blinded prisoners,
exploited children, beggars, and many others have been given relief through judicial
intervention.
• The greatest contribution of PIL has been to enhance the accountability of the
governments towards the human rights of the poor.
• The PIL develops a new jurisprudence of the accountability of the state for
constitutional and legal violations adversely affecting the interests of the weaker
elements in the community.
• However, the Judiciary should be cautious enough in the application of PILs to avoid
Judicial Overreach that are violative of the principle of Separation of Power.
• Besides, the frivolous PILs with vested interests must be discouraged to keep its
workload manageable.
Legal Services Authorities Act 1987
 Introduction

An act to constitute legal services authorities to provide free and

competent legal services to the weaker sections of society to ensure
that opportunities for securing justice are not denied to any citizen by
reason of economic or other disabilities and to organize Lok Adalats to
secure the operation of the legal system promotes justice on the basis
of equal opportunity.
 Legal Aid
• The concept of legal aid has spanned across centuries, going back to the year
1919, when Reginald Heber Smith, in his book Justice and Poor, promoted the
concept of legal aid and disparaged the legal profession saying that access to
justice should be open to all without any obligation to pay. Without equal access
to law, he wrote, the system robs the poor not only of their only protection but
places it in the hands of the oppressors, the most powerful weapon ever
invented.
• Even the code of Hammurabi attempts to limit the charges paid for services to
poor men. The code described three processes, by way of which the society can
move towards social engineering through free legal aid.
• The first step of free legal aid was to grant assistance to the vulnerable
communities, the second was to put restrictions upon the exercise of privileges
accorded by law to those who are well off, and the third was to strip the rich of
their amenities and put the rich and poor on the same footing.
• Mosaic Law gave to the poor many privileges, for he was poor. For example, if the
creditors took a poor man’s cloak as a pledge, then he must return it by nightfall
otherwise he wouldn’t have anywhere to sleep. Prompt payment of wages to the
poor was also seen as essential.
• The adversarial system that came in India, with the advent of the British ended the informal
dispute resolution system. This new system was more complex and required prior knowledge
to be used.
• In M.H Hoskot v. State of Maharashtra, the Supreme Court held that our legal system that has
been mounted by the Anglo-American models which heavily uses legal technology, compel
the collaboration of lawyer power or steering the wheels of equal justice under law. The
adversarial model has been characterized by the technical nature of law, because of proper
proceedings in court and the prevalence of lawyers and subsequent fee, hence it became
imperative for the proper and fair adjudication of justice that Legal Aid be incorporated into
the Constitution.
• The 42nd Amendment Act inserted Article 39-A to the Constitution, hence making equal
justice and free legal aid a directive principle of state policy. As pointed out by Granville
Austin, the portions dealing with Fundamental Rights and Directive Principles of State Policy
are meant for social revolution.
• The working of Article 39-A reiterates that kind of social justice being prevalent in society.
 Free legal Aid

• Legal Aid implies giving free legal service to poor and needy people
who cannot afford the services of lawyers to conduct a case or a legal
proceeding before any court, tribunal or any other authority .
 How free legal aid was introduced in India

• The 14th Report of the Law Commission of India mooted the idea of providing free legal aid to the
poor by the State.
• The Report highlighted the responsibility of the legal community to administer the legal aid
scheme and the State to fund legal representation 174 to the accused in criminal proceedings,
appeals, and jails.
• In 1960, the Union Government initiated the national legal aid scheme which faced financial
shortages and died a natural death. In 1973, in the second phase, the Union Government
constituted a committee under the chairmanship of Justice Krishna Iyer to develop a legal aid
scheme for states.
• The Committee devised a strategy in a decentralized mode with legal aid committees in every
district, state, and center. A committee on judicature was set up under the chairmanship of Justice
P N Bhagwati to implement the legal aid scheme.
• This Committee suggested legal aid camps and nyayalayas in rural areas and recommended the
inclusion of free legal aid provision in the Constitution. In 1980, the Committee on National
Implementation of Legal Aid was constituted with Justice Bhagwati as its head. Subsequently, the
Parliament enacted the Legal Services Authorities Act, 1987.
 Legal provisions providing for Legal Aid

• Section 340(1) of the Code of Criminal Procedure, 1898, provided that when a man
was charged with an offence punishable with death, the court could provide him
with counsel upon his request.
• This was subject to twisted interpretation by the court, as the court regarded this as
a privilege rather than a right in Tara Singh v. State of Maharashtra. However in
the Code of Criminal Procedure of 1973, this was made a statutory rule and it was
provided that in a trial before a session Judge if the accused does not have
sufficient means to employ pleaders, the court shall do so at its own expense.
 Legal services authority in India

• In India, legal services exist at three levels i.e.-

• The center, state and, the district level.
• The central government establishes the
✓National Legal Services Authority (NALSA) and the Supreme Court Legal Services
Committee (SCLSC).
✓The State Government establishes the State Legal Services Authority (SLSA) and
the High Court Legal Services Committee (HCLSC).
✓The State government also establishes the District Legal Services Authority
(DLSA).
• Section 11A and 11B of the Legal Services Authority Act deal with the Taluk Legal
Services Committee.
• Some functions are common to all authorities. These can be classified into two
types i.e.- Pre-litigation and post-litigation services.
• The authorities intend to follow the principle that prevention is better than cure,
hence a large emphasis has been paid to pre-litigation services through legal
awareness, legal camps, legal advice, and legal education.
• It is also the duty of all of these authorities to provide for post-litigation services in
the form of free of charge representation in court and aid in other court related
expenditure.
 National Legal Services Authority

Members of NALSA Members of SCLSC

1.The Chief Justice of India as the Patron-in-chief.

2.A judge of the Supreme Court nominated by the 1.Judge of the Supreme Court as its chairman.
President as the executive chairman. 2.Other members as prescribed by the government and
3.Other members nominated by the Government in nominated by the CJI.
consultation with the CJI.
 FUNCTIONS of NALSA
1. To lay down policies and principles for making Legal Services available under the
provisions of the Act.
2.To frame the most effective and economical schemes for the purpose of making
the legal services available under this act.
3.To utilize the funds at its disposal and make appropriate allocations of funds to the
State authorities and District authorities
4.To take necessary steps by way of social justice litigation with regard to consumer
protection ,environmental protection or any other matter of special concern to
the weaker sections of the society and for this purpose give special training to
legal workers
5.To organize legal aid camps specially on rural areas ,slums or labour colonies with
the dual purpose of educating weaker sections of society as to their rights as well
as encouraging of settling their disputes through Lok Adalats.
6. To encourage the settlement of Disputes by ways of negotiation,
conciliation and arbitration
7.To undertake and promote research in the field of legal services with
special references to need for such services among poor
8.To do all things necessary for the purpose of ensuring commitment to the
fundamental duties of the citizens.
9.To monitor and evaluate the implementation of the legal aid problems at
specific periodical intervals for independent evaluation of programmes
and schemes implemented.
10.To provide grants in aid for specific schemes to various voluntary social
services institutes working at grass root level specially amongst SC and
ST, women and rural and urban labour.
11.To develop programmes for clinical legal education and promote
guidance and supervise the establishment and working of legal services
clinics in universities, law colleges , etc.
 State Legal Services Authority

Members of SLSA Members of HCLSC

1.Chief justice of the High court as the patron-in-chief.

2.A judge of the High Court nominated by the governor 1.Judge of High Court as its chairman.
as the executive chairman. 2.Other members are prescribed by the state authority
3.Other members nominated by the state government and nominated by the Chief Justice of the High Court.
in consultation with Chief Justice of High Court.
• Functions
• The state authority has the responsibility to give effect to the directions issued by
the Central authority.
• It provides legal services like the central authority and also conducts Lok Adalats.
Besides this the authority also has other functions as follow:
1.Give legal services to persons who satisfy the criteria under the act.
2.Conduct Lok Adalats for all types of cases
3.Undertake preventive and strategic Legal Aid programs.
4.Perform other functions as notified by the central authority to the state authority
from time to time.
• Member of the DLSA- District Judge as its chairman, other members
nominated by the state government in consultation with the Chief Justice of
High court. Every district authority has to give effect to such directions that are
issued to it by the State authority, it also has to take cognizance of the
directions that are given by the state authority.
• The district authority has the following functions that it needs to perform
1.Coordinate the activities of the Taluk Legal Services Committee and other legal
services in the District.
2.Organized Lok Adalats within the District.
3.Perform such other functions as the State Authority may fix by regulations.
 Taluk Legal services committee

• Section 11A and 11B of the Legal services authorities act deals with the Taluk
Legal services committee.
• The state authority shall constitute a committee for every Taluk which may be
referred to as the Taluk Legal services committee.
• The committee shall consist of a Senior Civil Judge operating within the limits as
an ex-officio Chairman, and other such members prescribed and nominated by the
state government in consultation with the chief justice of High Court.
Criteria for giving legal services under this Act

• Persons who are entitled legal services under this act are :-
1. To a member of Scheduled Tribe or Scheduled Cast
2.To a victim of trafficking in human beings or beggars
3.To women and children
4.To a person with disability
5.To a person being victim of mass disaster, ethnic violence, caste atrocity, flood,
drought , earthquake or industrial disaster.
6.To a person in custody , including custody in protective homes like juvenile
home etc.
7. To a person whose annual income is less than 9 thousand rupees as
prescribed by State Government and 12 thousand rupees as prescribed by
Central Government.
 What is Lok Adalat ?

• Lok Adalat is one of the Alternative dispute resolution mechanisms in

India, it is a forum where cases pending or at pre litigation stage in a
court of law are settled.
• They have been given statutory status under the Legal Services
Authorities Act, 1987.
• Under this Act, the award (decision) made by the Lok Adalat is deemed to
be a decree of a civil court and is final and binding on all parties and no
appeal against such an award lies before any court of law.
• If the parties are not satisfied with the award of the Lok Adalat (though
there is no provision for an appeal against such an award), they are free
to initiate litigation by approaching the court of appropriate jurisdiction.
 The composition of Lok Adalat

• Central, State, District and Taluk Legal Services Authority has been created
who are responsible for organizing Lok Adalats at such intervals and place.
• Lok Adalat consists of :-
1. A serving or judicial officers
2.Or other persons as prescribed by Central Authority or State Authority or
District Authority
• The nature of cases brought in Lok Adalat are :-
1. Any pending case
2.Any matter which is falling within the jurisdiction of , and is not brought
before any court in which Lok Adalat is being organised
 The reference of cases by Lok Adalat

1. By consent of both the parties to the disputes

2.One of the parties makes an application for reference.
3.Where the Court is satisfied that the matter is an appropriate one to be
taken cognizance of by the Lok Adalat.
4.Compromise settlement shall be guided by the principles of justice, equity,
fair play and other legal principles
5.Where no compromise has been arrived at through conciliation, the matter
shall be returned to the concerned court for disposal in accordance with
Law.
 Concept of Award in Lok Adalat

• After the agreement is arrived by the consent of the parties, award is passed
by the conciliators.
• The matter need not be referred to the concerned Court for consent decree.
The Act provisions envisages as under:
1. Every award of Lok Adalat shall be deemed as decree of Civil Court
2.Every award made by the Lok Adalat shall be final and binding on all the
parties to the dispute.
3.3. No appeal shall lie from the award of the Lok Adalat.
• The Lok Adalat for determination of any matter under this Act will have the
same powers, that of a civil court that has been granted to it under the
Code of Civil Procedure 1908. The powers of the Lok Adalat are as follows:
1.The summoning and enforcing the attendance of any witness and
examining him on oath.
2.The discovery and production of any document.
3.The reception of evidence on affidavits.
4.The requisitioning of any public record or document or copy of such record
or document from any court or office.
5.Such other matters as may be prescribed.
• Section 340(1) of the Code of Criminal Procedure, 1898, provided that if a man
was charged with an offence punishable with death, the court could provide him
with counsel upon his request.
• This was subjected to a twisted interpretation by the Supreme Court by
classifying it as a privilege rather than the duty of the magistrate in Tara Singh v.
State (1951 AIR 441).
• However, India in the Code of Criminal Procedure, 1973, facilitated the statutory
implementation of free legal aid subsequently.
• Section 304(1) provides that: In a trial before the sessions judge, if the accused
has not sufficient means to engage a pleader, the court should assign a pleader for
his defense at the expense of the State.
 Advantages and Disadvantages of Lok
Adalat
• Advantages :-
1. Lok Adalat are meant for conciliated settlement of disputes outside court which is what
most of our people like if the matter allows for this kind of settlement. There is a fear
among a large number of people about taking disputes to court, not just about delay in
getting justice but also for financial reasons. In fact, one of the reasons for the
formation of Lok Adalat or people’s court is to provide fair and uncomplicated justice to
the financially deprived section of our society. Though government provides legal aids
to poor, there is a fear of monetary loss during the time period which is why most
people prefer Lok Adalat.
2.. Family disputes like property acquisition and matrimonial issues are far better and
faster solved by these Lok Adalats in comparison to courts. Though there are family
courts for these matters, people would always prefer settlement outside court and in a
fair and just manner which is delivered well by Lok Adalat. It saves time and expenses
and also is easier for parties to make their claims which is not the case when the matter
is in court and witnesses are afraid of getting involved into legal matters.
3. he number of cases that require jurisdiction is increasing at an alarming rate and let’s
face it – we have far inadequate number of courts and judges in our country than we
require which leads to unnecessary delay even in smaller cases. If more and more
people could understand the significance of Lok Adalat and resort to them for easy
litigations, there would be lesser pending cases in the files gathering dust since years in
courts.
4. Lok Adalat can be a decent supplement to the work of courts and could contribute to
justice in a good way only if awareness is increased and people are encouraged to opt
for them. For illiterates and poor there are even more advantages of taking matters to
Lok Adalat. Proceedings are conducted faster and in simple arrangements and even in
local languages.
5. There is no absolute need of advocates by the victim and the convict, who can either
prefer to have their cases pleaded by the lawyer or simply talk to the judge about the
matter directly. This is not a possibility in courts where a third person pleads the case
and the people involved only get a say when their turn comes.
6. Even if the case is filed in court, the expenses are refunded to the party when the case is
solved by Lok Adalat which is another reason why people should be made more aware
of this litigation system where there is no fee involved.
• Disadvantages:-
1. . Faster justice comes with a price of settlement made at the cost of lesser
compensation and the petitioner had no time to claim higher amount which
he justly should have got as seen in many cases after which apex court
ordered Lok Adalat to be careful about not impairing the right of any party
involved in the issue. Faster and easier justice must not come with the price
of injustice which is what falls as a disadvantage of Lok Adalat.
2.Not all cases are suitable for Lok adalat jurisdiction. Lok Adalat is all about
settlement and compromise which is not what every case requires. Most
cases in India require punishment and correctional methods which is not
under the dealing of Lok adalat. These cases would usually fail here and
would then be recommended to courts.
 Permanent Lok Adalats
• The basic features of a permanent Lok Adalat are identical to a Lok Adalat. There
are, however, certain modifications made.
• The key difference is that a typical Lok Adalat can only be summoned occasionally
and not on a daily basis, a permanent Lok Adalat is an established system which is
operational throughout just like any other court or tribunal.
• The Legal services Authorities Act, 1987, which had established Lok Adalats, did
not, at first, establish permanent Lok Adalat.It was the Amendment Act of 2002
that enabled the establishment of the first permanent Lok Adalat.
 Difference between
Lok Adalat and Permanent Lok Adalat
• Lok Adalat are usually conducted on special occasions to dispose of cases .Now on
every second Saturday Lok Adalat are conducted on different type of cases. But
only few judicial officers try to settle the score between litigants. Mostly the cases
which are already settled in routine forward to lok Adalat for final
pronouncement. Don t hesitate to write it is wastage of time and money and to
befool the system. Only regular presiding officers along with two members one
from Advocate and one from society preside the lol Adalat.
• On other hand Permanent Lok Adalat are enacted under State legal services . One
retired session judge along with two members who are retired from different
departments. Only few civil type matters can be referred to Permanant Lok Adalat.
Like consumers forms process is simple and without court fees. Courts are opened
10 to 5 on each n every working days . But shortage of staff and ignorance of
people Permanent Lok Adalat are not much popular.
 Case law related to significance of Lok
Adalat
• Abdul Hasan and National Legal Services Authority Vs. Delhi
Vidyut Board and others
• The petitioner filed a writ petition before Delhi High Court for
restoration of electricity at his premises, which was disconnected
by the Delhi Vidyut Board (DVB) on account of non-payment of Bill.
Inter alia, the grievances of the citizens were not only confined to
the DVB but also directed against the State agencies like DDA,
Municipal Corporation, MTNL, GIC and other bodies, Court notices
were directed to be issued to NALSA and Delhi State Legal Service
Authority. His lordship Hon'ble Mr. Justice Anil Dev Singh passed
the order giving directions for setting up of permanent Lok Adalat.
• The scholarly observations of His Lordship Mr. Justice Anil Dev
Singh deserve special commendations and are worthy of note. It
will be profitable to reproduce the important text and abstract
from this judgment, which should be an eye opener for all of us. It
should also steer the conscience of all, as there is an increasing
need to make Lok Adalat movement a permanent feature
Para Legal Training and Legal Literacy
• Literacy is ability to use printed and written information to function in society, to achieve
one's goals and to develop one's knowledge and potential".
• In recent years, focus of literacy has changed from an emphasis on level of schooling to
focus on functional skills.
• Therefore the current courtroom, literacy is the ability to use printed and written
information to function in the courts and to achieve one's goals related to the justice
system.
• Even if a person is literate enough to deal with daily routines, he or she may not be a
literate enough to understand the language and procedure in the Court.
• Laird Hunter, in reading the legal world register following ideal operational definition of
legal literacy.
• "People using the legal system must be able to guide themselves through a process that
they understand and at appropriate places along with the way,
• 1) Recognize they have a legal right or Responsibility, in order to exercise
or assume it;
• 2) Recognize when a problem or conflict is a legal conflict and when a
legal solution is available;
• 3) know how to take necessary action to avoid problems and where this
is not possible, how to help themselves appropriately;
• 4) know how and where to find information on the law, and be able to
find information that is accessible to them,
• 5) know when and how to obtain suitable legal assistant ;
• 6) have confidence that the legal system will provide a remedy, and
• 7 ) Understand the process clearly enough the perceive that justice has
been done.
• "People who are poor usually do not know about laws that can help
them. And there are very few trained personnel who can tell them
about these laws.
• One solution to this problem has been to train people as paralegals.
• A paralegal is someone who, while not a professional lawyer, has a
basic knowledge of the law and its procedures as a result of close
association with lawyers and/or legal affairs.
• In the past, paralegals have been seen as assistants to lawyers, judges,
and legal officials of government institutions and therefore, in other
words, people who support the status quo.
• Recently, changes have been taking place to redefine and
expand the role of paralegals, and new methods for informing
people about their legal rights as well as about the role of the
courts and other legal procedures, have been set in motion.
• These new paralegals are often recognised community
members, such as teachers, nurses, etc., and their efforts at
increasing legal awareness and legal literacy serve are making
the law more accessible to the people."
• A Paralegal worker is a person with basic knowledge of law and
procedures with motivation, attitude and skills to:
✓ conduct education programmes to enable disadvantaged people to
become aware of their rights; facilitate the creation of a peoples
organisation to enable them to demand their rights;
✓assist in securing mediation and reconciliation in matters in dispute;
✓conduct preliminary investigation in cases which have to be referred
to a lawyer;
✓and assist the lawyer with written statem ents, required evidence and
other relevant information necessary for dealing with such a case.
• In South and South-East Asia, the groups which are engaging paralegais in their
legal services programmes have trained the following persons as paralegals:
• Community leaders, rural youth, social workers, representatives of specific
disadvantaged groups such as tribals, trade union leaders, health workers, literacy
teachers, religious workers, young lawyers, law students, student volunteers doing
community work, development workers and political activists.
• Of those trained as paralegal workers there may be some whose primary or sole
function is to provide legal services to a disadvantaged group or community and
there may be others who may function part-tim e as paralegals in addition to
carrying out their normal activity (e.g. literacy or health work)
• In some cases those who are trained as paralegals are not associated
with any particular agency or organization and they function on their
own and render their services when their assistance is sought by a
community or by individuals in the community.
• There are also persons who are trained as paralegals to deal with a
particular situation, for example a person could be trained to assist a
community seeking help following a natural calamity.
• Similarly, a representative of a refugee group couldbe trained to deal
with the problems faced by that group.
• In general, the experience of groups has been that it is far better for a
paralegal to be associated with an organisation (either as a paid
worker or as a volunteer), so as to receive support to sustain his work
as a paralegal.
 ROLES OF PARALEGAL WORKERS
• The following are some of the functions for which a paralegal worker should be trained:
• Facilitating formation of a peoples organisation:
• Enabling people to organise themselves around specific issues as well as help them form their
own organisations.
• In addition, a paralegal will organise meetings, cultural programmes and other events that will
enable people to strengthen their solidarity and contribute to the formation of their own
organisations.
• Education and Conscientisation:
• Creating awareness among the people about their rights as well as imparting information on
specific laws of concern to them.
• In some instances this may involve giving information on specific development and welfare
programmes initiated by the government and how to participate in them.
• Social analysis:
• This is to help the paralegal as well as the people to understand the structural nature of the
problems faced by the people, and thus enable them to find long term solutions for them.
• Advocacy:
• Paralegals with the help of lawyers and others, bring to the attention of policy
makers problems faced by the disadvantaged groups with whom they are
working.
• In specific instances this may take the form of representing the case of the
community or of an individual before officials, tribunals and quasi judicial
forums.
• Counselling, mediation and conciliation:
• Paralegals should be trained to provide legal and other advice as well as to
mediate and conciliate in disputes that' arise between members of the
community.
• As conciliators they encourage the members of the community to negotiate
and settle their disputes among themselves.
• Legal first aid:
• The role of a paralegal here is to provide immediate or preliminary solutions in
emergency situations.
• For example in the case of an eviction from a squatter settlement, obtaining
injunctions temporarily prevent their eviction.
• Networking:
• This consists of establishing links with other organizations and groups as well as
with individuals (journalists, researchers etc.) in order to generate support for
the problems faced by the community to which the paralegal is providing
assistance.
• Enabling people to represent their demands:
• This involves, when necessary, mobilising the people for mass actions or
protests so as to represent (negotiate/dialogue) their demands with concerned
authorities.
• Documentation: This will include keeping A chronicle of important events that
take place in the community as well as a record of activities undertaken by the
paralegal.
• Paralegals should also maintain files concerning cases that are litigated and
copies of official documents that are relevant to the community.
• They may also need to keep financial accounts related to their work.
• Drafting documents:! This involves helping the people to write applications,
complaints, affidavits, petitions and other legal documents. In cases where official
documents need to be translated into a local language, translating them (with the
help of lawyer if necessary) and getting them authenticated.
• Assisting the lawyer: Where cases are to be referred to a lawyer, the paralegal
worker may have to assist the lawyer by conducting preliminary investigations,
interviewing clients, gathering evidence and preparing a summary of facts, and
conducting legal research and even drafting simple pleadings.
• In addition to the functions enumerated above, paralegals working with specific
disadvantaged groups may need to perform some special tasks iii relation to that
group.
• For example, paralegals working with women would have to design programmes
that take into account problems faced by women. Similarly, paralegals working with
indigenous of tribal populations would have to deal with their specific problems.
 QUALIFICATIONS AND QUALITIES OR ATTITUDES
REQUIRED OF PARALEGALS
• Qualifications:
• Lack of formal education qualifications should not prevent a person from being
trained as a paralegal.
• The experience of several groups has shown that members of disadvantaged
groups who have been trained as paralegals, but who didn't possess literacy skills
have functioned successfully as paralegals.
• However, a paralegal worker should be open to self learning (including acquiring
skills to read and write) so as to become more effective in his/her work.
Some suggested qualities or attitudes for paralegal
✓Trust, and patience with the people by listening to them.
✓ An objective and analytical mind, so as to understand the problems faced by the
people al'id devise suitable solutions jointly with them
✓ Creativity to fashion different ways by which laws could be used for helping the
people.
✓Self-criticism and the ability to analyze the shortcomings of their work.
✓ Self-reliance so as to take initiatives to help the people and not totally depend on
lawyers or the organization they belong to.
✓ Respect for peoples initiatives to facilitate their self-reliance and, in accordance
with a democratic decision making process, to consult the people before taking
decisions.
✓Self confidence to establish links and relate with different sections of the society,
such as the confidence to deal with police officials, researchers, journalists, etc.
✓Capacity to make risk analysis and not endanger their security nor that ot the
people they work with.
✓ Ability to foresee potential problems or issues in the community with which they
work and deal with them instead of waiting for problems to emerge.
✓Ability and self-confidence to discuss with the people both the positive and
negative consequences of a particular action.
✓ For example, when the community decides to engage in collective action in the
form of protests, demonstrations, etc., the paralegal should explain to the people
the possible consequences of such an action
✓ Realistic estimation of their capabilities and not acting beyond their abilities. For
example, while dealing with group conflicts that may arise in the community, the
paralegal should not hesitate to seek outside help, if necessary.
✓Ability to render proper advice and not raise the expectations of the people by
promising results that may not be feasible, given the nature of the problem.
✓ Discretion and not jeopardizing the interest of the community.
✓ Not misusing their role to promote self serving interests.
✓ Adopting a style and mannerism familiar to the people and avoiding the style of a
conventional lawyer.
✓ Upholding basic human rights principles and not condoning' human right
violations, even in situations Where the entire community the paralegal works
with violates certain principles (e.g* discrimination against minorities). Ability to
generate internal and external support to oppose such violations.
✓Not contributing to or strengthening existing patterns of discrimination (e.g.
discrimination against women), and if a particular law itself is discriminatory,
creating awareness among the people to challenge the law by referring to
internationally established human rights principles.
✓Respect for the peoples knowledge and positive traditions and not upsetting the
positive attributes of the local culture in the process of introducing legal
principles.
✓ The qualities or attitudes enumerated above are also relevant to the members of
the organization that engages the paralegal and also for the lawyers who assist
paralegal workers.
 SKILLS AND KNOWLEDGE REQUIRED OF A PARALEGAL
WORKER
• Some of the skills and knowledge a paralegal worker should possess or develop
are as follows:
• SKILLS Ability to work With people:
• A paralegal should be able to relate and work with the people so as to develop
solidarity among them and increase their participation in the programmes
conducted by the paralegal.
• Communication skills: Paralegals should develop the skills necessary to express
their thoughts clearly and explain laws and legal procedures in a language and
manner in which people can understand them.
• Paralegals should also be able to prepare and use innovative and non-
traditional methods of communications such as drama, dance, songs, puppets
etc.
• Writing and drafting skills:
• A paralegal worker should possess or develop the skill to write down
thoughts clearly and coherently for documentation and reporting
purposes, as well as to draft petitions, applications pleadings etc.
• In places where handwritten petitions and applications are acceptable
(as in India), neat, legible hand writing would be an advantage.
• The drafting skills also include obtaining statements from potential
parties and witnesses in cases to be taken to court.
• Development of educational materials:
• A paralegal worker ffhould be able to prepare the necessary learning and teaching aids for
use in education programmes. Ability to conduct research: A paralegal worker should
possess or develop skills to do research, including the collection and analysis of
information (use of surveys, questionnaires, etc.)
• Ability to render advice or counselling:
• A paralegal worker should be able to provide proper advice or counselling so as to enable
the community or an individual in the community to decide on a proper course of action
to deal with a problem.
• Negotiating skills:
• Paralegals may be called upon to negotiate with the authorities and others to settle
problems faced by the community, and they should possess or develop the skills to
negotiate successfully.
• Evaluating skills:
• Paralegals should be able to evaluate their performance critically as well as that of the
people so as to enhance the impact of the programme.
• KNOWLEDGE
• In addition to the knowledge required to develop the skills enumerated above, a
paralegal should have minimum knowledge of the political and legal system
(including an indigenous legal system).
• A paralegal may also need to know the various judicial and quasi judicial forums
that exist so as to seek legal remedies for problems faced by the community and
by individual members of a community.
• (The knowledge required is elaborated more fully in the section dealing with
curriculum for paralegal training programmes')
 LEGAL PROFESSION AND PARALEGALS
• The experience of groups who have engaged paralegals in their programme has
shown that not only government officials but even lawyers can be antagonistic to the
paralegals.
• Such antagonism should be removed by creating awareness among the public and in
particular among the legal profession that paralegals are essential to create access to
justice for the disadvantaged groups in the society.
• Lawyers sometimes fear that paralegals will deprive them of clients. On the contrary
paralegals Will, where needed, bring cases to the lawyer which would otherwise go
by default.
• Bar Associations should sensitise the legal community to recognize the role of
paralegals and motivate the members of the legal profession to train and assist
them.
• To prevent a paralegal becoming a tout by bringing cases to a particular lawyer or
lawyers, the paralegal should not approach a lawyer on his/her own except in cases
requiring urgent relief (e.g. bail, injunction).
• The organization which is engaging the paralegal should maintain a panel of
lawyers to whom the cases could be assigned.
• Members of the legal profession should not misuse the services of a paralegal by
soliciting clients through a paralegal.
• When a case is entrusted to a lawyer through the sponsoring organisation, the
paralegal should be constantly in touch with the lawyer to provide the necessary
assistance.
• It is essential that the client is present at all times when the case is discussed with
the lawyer.
• The lawyer Concerned, after jointly discussing the case With the paralegal and the
client, should explain to them the strategy to be adopted and the possible
consequences thereof.
• The lawyer who has taken up a case or who is providing assistance to a paralegal to
deal with a case, should respect the knowledge and experience of the paralegal.
CASE COMMENT
 Case Comment

• Purpose
• Case comments provide academic insight into judicial decisions.
• They are useful to, amongst others, practitioners and those working in the
voluntary sector who may not have the time to read around a subject in
depth; to other academics studying in similar areas; to the judiciary to
assist them in future judicial decision making and to students researching in
the area.
Case comment may carry out one or more of the following

• Critically examine a judgement of the court to identify whether the court’s

judgement is or is not, in the light of academic and other opinion, in the
author’s view, just. If it is deemed unjust then consider what the remedy
might be?
• This involves asking the questions “what is the law established by the judgement”,
“is the result just?” or “what should the law be”? It may involve synthesizing law
with another discipline such as theology, philosophy, economics or sociology
• Examine the context and background of the case and explore the various
arguments presented by the parties. This type of comment can be predictive
in nature where the case is still subject to appeal.
• This involves explaining the legislative context, case law and factual background
to the case. It can involve considering how the judgement further develops the
law.
• Explain the background and then the implications of a particular case
on an area of law and put forward suggestions for the future
application of the case or for reform.
• This involves understanding the wider implications of the judgement
on other areas of law, or on other groups or individuals beyond
the immediate parties to the action
• Create a comparison between the case under discussion and other
similar cases.
• This involves examining other cases that have been decided on the issue
and highlighting and explaining similarities and differences
• Present two or more points of view on issues arising in the case in
order to come to a conclusion.
• This involves examining what others with different views have written about
the topic or considering the arguments presented by counsel for both sides
in the case and reaching a conclusion by weighing these views
• Create a dialogue with an existing commentary and add some
additional original thought to the debate
• Where a case comment already exists a subsequent author might choose
to take issue with a comment that has been made and “reply” to the points
made in the earlier comment and then add in some original thought of their
own.
• This creates a useful dialogue between academics on points of current
debate
• In each case it is important to ensure that research is carried out to find
what has been written about the case or the topic in academic literature.
It is also important to add in an original insight concerning the effects
or implications of the case.
 FORMAT
Whatever structure is chosen a case comment requires a clear structure and
certain basic content.
The content needs to include an introduction, a brief explanation of the case
to set the scene with further explanations brought into the body of the case
comment as necessary, the discursive argument (analysis) and a conclusion
drawing together the points made in the comment.
• Case comments differ from longer articles that can be found in legal
journals in that they tend to be focused on a particular case or limited group
of cases.
• The explanation and analysis will be limited to the particular case or the
issues arising from that case. They will be shorter – a journal article will be
5000 words or longer whereas a case comment will be 2000-3000 words.
 KEY ELEMENTS OF A CASE COMMENTS

• THE INTRODUCTION
• A case comment should include a brief introduction.
• This can explain why the case comment is being written or
indicate the importance of the case,
• Or
• it might provide some context to indicate the tenor of the case
comment,
 Refer to below sites for sample Case Comments

• https://lawcirca.com/category/case-comment/
• https://www.scconline.com/blog/post/tag/case-comment/
• https://www.lawctopus.com/academike/case-comment-tajju-khan-vs-
mazhar-khan/
Thankyou