PROFESSIONAL ETHICS & ACCOUNTING SYSTEM: PROJECT REPORT

ARMY INSTITUE OF LAW

Efficacy of the Legal Services Authorities Act, 1987

Submitted in partial fulfilment of requirements for BA. LLB degree

Submitted To: Submitted By:

Dr. Kulpreet Bhullar Gaurav Hooda
Astt. Prof. of Law Section-A
Army Institute of Law 1433
 ACKNOWLEDGEMENT

I would like to extend my sincere thanks to my Professional Ethics & Accounting System
Professor, Dr. Kulpreet Bhullar, for allotting me this topic and guiding me through it. Your
wisdom and knowledge helped me immensely in the compilation of my project.

I would also like to thank my fellow batch mates and friends. If it hadn’t been for their
criticism, I would not have been able to improve the various flaws in my project.

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 TABLE OF CONTENTS

S. No. TITLE PAGE No.

1. Introduction 4

2. Rationale Behind Free Legal Services In India 5

3. Recommendation Of Law Commission 7

4. The Pre-1980 Schemes 8

5. Legal Services Authorities Act, 1987 8

6. Object Of The Legal Services Authorities Act 10

7. Criterion For Providing Legal Aid 11

8. Hierarchy Of Bodies Created Under The Act 12

9. Supreme Court Legal Services Committee 13

10. Certain Salient Features of The Act 13

11. Judicial Voice 15

12. Conclusion 16

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 EFFICACY OF THE LEGAL SERVICES AUTHORITIES ACT, 1987

"One has to remember that Legal Aid can be used most oppressively against innocent
people" 1

- Lord Denning, House of Lords, 14th January 1985

INTRODUCTION

Justice - social, economic and political - is our constitutional pledge enshrined in

the Preamble of our Constitution. The incorporation of Article 39-A in the Directive
Principles of State Policy in the year 1976, enjoined upon the State to ensure justice on the
basis of equal opportunity by providing free legal aid. It was this constitutional mandate,
which was responsible to set the tone of development of Legal Aid Programme including
organisation of Lok Adalats in the country through the State Legal Aid Boards with the
Central Committee for Implementing Legal Aid Schemes, popularly known as CILAS
(Committee for Implementing Legal Aid Schemes) headed by a senior Judge of the Supreme
Court of India2. The Central Government, in 1980 constituted a Committee for
implementation of Legal Aid Schemes (CILAS) by way of a resolution of the Department of
Legal Affairs dated 26 September 1980.3

In India, concern for legal aid to the poor and to the needy is continuously on the rise. Legal
assistance and free legal advice is the only way to guarantee equal protection of law to the
poor. In a developing country like India where a majority of the population is unable to
protect its interests, it is the duty of the State to enable the poor to secure their legal rights.
The courts are used by the richer sections to assert their legal rights while the poor remain
deprived of access to the justice system. Added to this is the fact that our judiciary is
overworked.

This aspect is increasingly being a point of concern. Delay in disposal of cases by the
judiciary further increases the cost of litigation. Alternate Dispute Redressal mechanisms are
therefore being emphasized upon. The fact of the matter is that mere existence of laws does

1
Simon James & Chantal Stebbings, A Dictionary of Legal Quotations (Universal Law Publishing, New Delhi
5th Indian reprint 2004) page109.
2
Sarkar S.K., Law Relating to Lok Adalats and Legal Aid (Orient Publishing Company Allahabad, 2nd Ed. 2008)
page 38.
3
Muralidhar S, Law, Poverty and Legal Aid, (LexisNexis, New Delhi, 2004) page 107.

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not guarantee the enjoyment of those rights by the citizens. Free legal aid system is a step
towards enforcement of those rights. The Legal Services Authorities Act, 1987 provided the
statutory support in this direction. It also sought to provide a uniform pattern to these legal
services all over India. It came into effect from 9th November 1995.

RATIONALE BEHIND FREE LEGAL SERVICES IN INDIA

1. Constitutional Commitment: Our Constitution which is wedded to democracy,

socialism, secularism, equality of status and equal protection of laws, legal aid for weaker
sections is a social obligation and constitutional mandate. Equal access to the law for the
rich and the poor alike is essential to the maintenance of the rule of law. The Constitution
of Indian Republic protects life and personal liberty as the Fundamental Right bestowed
upon all persons in India. Article 21 reads in its pregnant words, "No person shall be
deprived of his life or personal liberty except according to the procedure established by
law". It is, therefore, essential to provide legal advice and representation to all those,
threatened as to their life, liberty, property or reputation, who are not able to pay for it.4

2. Lack of Legal Awareness: In India, a large number of people are illiterate. They do not
understand laws. Ignorance about laws drags them towards legal troubles for many a time
as they are unable to anticipate and prevent the occurrence of legal problems. Added to
this is the fact that legal language is so complex that even the educated people cannot
understand it easily. No steps have been taken by judicial experts to remove this
impediment by simplifying legal language. Laws should be such that anyone reading it
should be able to decipher the same. So long as this is not done, it remains the duty of the
government to render free legal service to the people.

3. Legal consultation is expensive: Since common people do not understand laws and legal
proceedings, they need to consult legal experts. Ignorance of the poor people enables the
lawyers to charge fees as they wish. Under such circumstances the poor, who cannot pay
such exorbitant fees, become helpless and for them, law ceases to be the protector. Due to
economic disability, they cannot avail themselves of the legal services. We must look at
how to make justice more affordable, whether in terms of court fee or lawyer's fee. At the

4
Dr.Manas Chakrabarthy, "Legal Aid to the Poor", AIR, Nagpur (2000), Jour 190.

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 same time, we need to make our legal system robust, effective and competent. Low level
of legal awareness also impedes access to justice.5

4. Delay in Disposal of Cases: Increasing backlog and delay in disposal of cases has
become a genuine problem. The more time it takes, more is the cost of litigation.
Moreover, due to delay, under trials languish in jails for years. Delayed justice leads to
denial of justice. Yet for the judiciary the challenge is not only to dispose cases speedily
but also to dispose them effectively. The problem can be addressed by reducing the
burden on courts by promoting alternative dispute redressal mechanisms6. Ms. Sonia
Gandhi hoped that `Grama Nyalayas', being set up around the country would usher in a
revolution in the handling and disposing of cases and bring meaningful justice to the
common man.7

5. Legislative Attempt: The powerless, the poor and the ignorant need assistance for being
empowered to uphold their own rights. Legal Literacy Campaigns, Para-legal training
programmes, Mobilization of public opinion against injustice, out of court settlement of
disputes and free legal aid are the some of the ways through which the poor and
underprivileged can be made to realize their rights8. It was against this backdrop that the
Legal Service Authorities Act, 1987 was adopted. Significant thrust in this direction came
in seventies and eighties when civil rights and civil liberties became a matter of major
concern in India. Earlier the demands for justice were not mass based, and could not
evoke response. The miseries of people entangled in legal process, deprivation of
personal liberties and injustices meted out to the people in jails and lockups made the
demand for civil liberties so powerful that it could not be ignored any longer. Once again
it may be referred to what Martin Luther King has said: "Injustice anywhere is a threat
to justice everywhere".9

5
President Pratibha Patil, Inaugural address in National Conference on Access to Justice and Socio Economic
Development of North Eastern States see http://www.Telegraph inida.com, visited on 31/1/18.
6
Dr.Moitree Bhattacharya, Access to courts and Enforcement of Rights, Free Legal Services to the Poor, Indian
Social Institute, New Delhi ( 2003) 31. Also see for Justice delayed Justice denied Bhasker de, Haldi Law
College, www.legal service .india.com.
7
Addressing a National Conference on Law, Justice and Common man, at New Delhi, http//netinida.in/new
visited on 17-4-10. And see M.P. Tiwari, Delay in Disposal of cases and under trials, Cr.L.1 1980 Jour.12.
8
Dr. Manmohan Singh, Addressing a National Conference on Law, Justice and Common man, at New Delhi,
httpllnetinida.in/new visited on 01st February 2018.
9
Oxford Dictionary of Quotations and Proverbs, Oxford University Press (2001) page 153.

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6. Judicial Contribution: Our Constitution is committed to equality and personal freedom.
Free legal aid and Lok Adalats seek to fulfil these commitments. In 1979, the Supreme
Court10 held that free legal aid is implicit in the guarantee of Article 21 and Article 14. In
this case, Justice P.N. Bhagwati and Justice D. A. Desai found that some of the under-
trials have been in jail for a period more than the maximum term they would have been
sentenced, if convicted. It violates the personal liberties of the individuals as well as right
to equality of citizens. Since they are poor, they cannot avail legal consultation like others
and therefore languish in jails for years. In Para 9 of the judgment it was recommended
that comprehensive free legal service is necessary. For there is a mandate for equal justice
under Article 14 and personal liberty under Article 21 as well as a compulsion of
constitutional directive under Article 39A. The argument is that a person accused has the
right to prove his innocence. State must provide that if he is unable to secure it on
grounds of indigence. Two years later11, Justice Bhagwati while referring to apex court's
mandate in the Hussainara Khatoon case reiterated that the State cannot deprive its
citizens their constitutional rights on grounds of lack of funds or poverty.

RECOMMENDATION OF LAW COMMISSION

The right to assignment of counsel at government expenses was emphasised in the le

Law Commission Report.12 Thereafter, in 1969 the Law Commission again strongly
recommended that the right of the accused to representation at the cost of government should
be placed on statutory footing in relation to trials for serious offences and as a first step in this
direction, the Commission proposed that such a right should be available in all trials before
the Court of Session.13

In order to achieve the objective enshrined in Article 39-A of the Constitution, government
had, with the object of providing free legal aid, by a Resolution appointed a Committee for
implementing Legal Aid Scheme to monitor and implement Legal Aid Programmes on a
uniform basis in all the States and Union Territories. The said committee evolved a model
scheme, which was accordingly implemented by the government. However, on review,
certain deficiencies were found and it was considered desirable to constitute statutory legal

10
Hussainara Khatoon v. State of Bihar, AIR 1979 SC 1360.
11
Khatri v. State of Bihar, AIR 1981 SC 928.
12
14th, Law Commission Report on the Reform of Judicial Administration.
13
Dr. Singh R.K, "Legal Aid In India- Still in its infancy", AIR, Nagpur (1994) Jour. 49.

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authorities at the National, State and District levels to provide effective monitoring of Legal
Aid Programmes.

For the expeditious disposal of large number of cases and without much cost, Lok Adalats
have been constituted and they have been functioning as a voluntary and conciliatory agency
without any statutory backing for its decisions. In order to provide for the composition of
statutory legal authorities and to provide statutory backing to Lok Adalats and its awards, the
Legal Services Authorities Bill, 1987 was introduced in the Lok Sabha on 24th August
1987.14

In 1987, Legal Services Authorities Act was enacted, but this Act was finally enforced on 9 th
November 1995 after certain amendments were introduced therein by the Amendment Act of
1994 and it has been placed on the statute book of India .The constitution of Legal Service
Authorities to provide free and competent legal services to the weaker section of the society
ensures that opportunity for securing justice is not denied to any citizen for reason of
economic or other disabilities.

THE PRE-1980 SCHEMES

The Criminal Procedure Code, 1973 provides for legal assistance at state expense
only to the accused facing trial in a session's court.15 The stages prior to the trial and after its
conclusion are not accounted for by Sec. 304(1). For examining the availability of legal
assistance at other stages in the criminal justice process, for those facing criminal proceedings
in courts other than the sessions courts and for complaints and victims of crime, the schemes
made by the government at the centre and the states have to be looked into. These have been
supplemented or replaced by the Legal Services Authorities Act and the Regulations and
Rules made there under since 199516.

LEGAL SERVICES AUTHORITIES ACT, 1987

On 11 October 1987, the President's assent was accorded to the Legal Services
Authorities Act 1987 (Act 39 of 1987) (LSAA). The explanation offered by the Government
was that a review of the working of CILAS had revealed deficiencies and that there was a
need to have statutory legal services authorities established at various levels to further the
government's commitment under Art.39-A of the Constitution. The bringing into force to the
14
K.N. Govindan Kutty Menon v. C.D. Shaji, (2012) 2 SCC 51.
15
Ratanlal and Dhirajlal, The Code of Criminal Procedure, (Wadhwa & Company, Nagpur, 2006) page 578.
16
shodhganga.inflibnet.ac.in/bitstream/10603/12650/11/11_chapter%207.pdf accessed on 01st February 2018.

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LSAA was delayed because of its disapproval by the judiciary and the legal fraternity. The
LSAA was discussed at the Chief Justices' Conference and at the meeting of the chairpersons
of the State Legal Aid and Advice Boards. As a result, 56 amendments were proposed. These
were incorporated in the Legal Services Authorities (Amendment) Bill, which was introduced
in the Rajya Sabha on 14 May 1990.

The amendments were essentially about the distribution of powers under the Act between the
executive and the judiciary; they did not affect the content of legal services. The government
of the day was in no great hurry to push for the changes to be incorporated into the law. It
took four more years for the amending legislation to be approved by Parliament and receive
the assent of the President. One year after the amendments were incorporated, on 9
November 1995, the Government notified the LSAA, excepting Chapter III, which dealt with
the constitution of the Committees at the state, district and taluk levels, which meant further
delays. It took a PIL and three further years of persuasion for the entire LSAA to become
operational.17

Hon'ble Mr. Justice R.N. Mishra the then Chief Justice of India played a key role in the
enforcement of the Act. National Legal Services Authority constituted on 5th December
1995. His Lordship Hon'ble Dr. Justice A. S. Anand, Judge, Supreme Court of India took
over as the Executive Chairman of National Legal Services Authority. The first member
secretary of the authority joined in December 1997and by January 1988 the other officers and
staffs were appointed. By February 1988, the National Legal Services Authority properly
became functional for the first time.

In October, 1998, his Lordship Hon'ble Dr. Justice A.S. Anand, assumed the office of the
Chief Justice of India and thus became the chief of the National Legal Service Authority. His
Lordship Hon'ble Justice S. P. Bharucha, the senior most Judge of the Supreme Court of
India assumed the office as the Executive Chairman, of National Legal Services Authority.

Justice is threatened by the vice of inequality and unequal justice becomes injustice if a
person does not have the means of obtaining access to justice. In spite of ours being a welfare
State, this inequality has increased. It is a tremendous task, in a vast and thickly populated
country like ours, to provide a well-structured and comprehensive legal aid programme
within the reach of everyone who is needy. For a large section of society, courts and justice

17
http://shodhganga.inflibnet.ac.in/bitstream/10603/12650/11/11_chapter%207.pdf accessed on 31 st January
2018.

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are meaningless. There are women and children, mentally retarded, disabled, industrial
workers, people in remote villages, victims of mass disasters, victims of trafficking in human
beings, sufferers of man-made calamities like caste atrocities and ethnic violence or victims
of natural calamities such as earthquake, drought, and flood and to add—the latest in the list –
Tsunami. NALSA has acquired the nickname of being the social face of Judiciary. It is useful
to recall Justice Venlcatachalaiah's warning that: "legal aid to the poor should not degenerate
to poor legal aid18". NALSA's is a long journey from ignorance to awareness, from poverty to
legal empowerment, from injustice to justice.

OBJECT OF THE LEGAL SERVICES AUTHORITIES ACT

An Act to constitute legal services authorities to provide free and competent legal
services to the weaker sections of the society to ensure that opportunities for securing justice
are not denied to any citizen by reason of economic or other disabilities, and to organise Lok
Adalats to secure that the operation of the legal system promotes justice on a basis of equal
opportunity.19

Article 39A of the Constitution provides that the State shall secure that the operation of the
legal system promotes justice, on a basis of equal opportunity, and shall, in particular,
provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that
opportunities for securing justice are not denied to any citizen by reason of economic or other
disabilities.

With the object of providing free legal aid, Government had, by a resolution, dated 26°1
September, 1980, appointed the 'Committee for Implementing Legal Aid Schemes' under the
Chairmanship of Mr. Justice P.N. Bhagwati to monitor, and implement legal aid programme
on a uniform basis in all the States and Union territories. It evolved a model scheme for legal
aid programme applicable throughout the country by which several legal aid and advice
boards have been set up in the States and Union Territories.20

18
Quoted in Justice Lahoti R.C, "NALSA-Patron-in-chief speaks", Nyaya Deep, Vol.VI, Issue 3, (July 2005)
page 10.
19
http://nalsa.gov.in/acts accessed on 01st February 2018.
20
http://www.legalserviceindia.com/article/l55-Working-of-Statute-of-Legal-Aid-in-India.html accessed on 01st
February 2018.

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CRITERION FOR PROVIDING LEGAL AID

Section 12 of the Legal Services Authorities Act, 1987 prescribes the criteria for
giving legal services to the eligible persons. Section 12 of the Act reads as under:-
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 Scheduled Tribe;

(b) a victim of trafficking in human beings or begar 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 (104 of 1956); or in a juvenile home
within the meaning of clause.

(j) of section 2 of the Juvenile Justice Act, 1986 (53 of 1986) or in a psychiatric hospital or
psychiatric nursing home within the meaning of clause (g) of section 2 of the Mental Health
Act, 1987 (14 of 1987); or

(h) in receipt of annual income less than rupees nine thousand or such other higher amount as
may be prescribed by the State Govt., 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 Central Govt., if the case is before the Supreme Court."(Rules have already
been amended to enhance this income ceiling).

According to section 2(1) (a) of the Act, legal aid can be provided to a person for a 'case'
which includes a suit or any proceeding before a court. Section 2(1) (aaa) defines the 'court'
as a civil, criminal or revenue court and includes any tribunal or any other authority
constituted under any law for the time being in force, to exercise judicial or quasi-judicial

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functions. As per section 2(1)(c) 'legal service' includes the rendering of any service in the
conduct of any case or other legal proceeding before any court or other authority or tribunal
and the giving of advice on any legal matter.

Legal Services Authorities after examining the eligibility criteria of an applicant and the
existence of a prima facie case in his favour provide him counsel at State expense, pay the
required Court Fee in the matter and bear all incidental expenses in connection with the case.
The person to whom legal aid is provided is not called upon to spend anything on the
litigation once it is supported by a Legal Services Authority.

HIERARCHY OF BODIES CREATED UNDER THE ACT

A nationwide network has been envisaged under the Act for providing legal aid and
assistance. National Legal Services Authority is the apex body constituted to lay down
policies and principles for making legal services available under the provisions of the Act and
to frame most effective and economical schemes for legal services. It also disburses funds
and grants to State Legal Services Authorities and NGOs for implementing legal aid schemes
and programmes.

In every State a State Legal Services Authority is constituted to give effect to the policies and
directions of the Central Authority (NALSA) and to give legal services to the people and
conduct Lok Adalats in the State. State Legal Services Authority is headed by the Chief
Justice of the State High Court who is its Patron-in-Chief. A serving or retired Judge of the
High Court is nominated as its Executive Chairman.

District Legal Services Authority is constituted in every District to implement Legal Aid
Programmes and Schemes in the District. The District Judge of the District is its ex-officio
Chairman.

Taluk Legal Services Committees are also constituted for each of the Taluk or Mandal or for
group of Taluk or Mandals to coordinate the activities of legal services in the Taluk and to
organise Lok Adalats. Every Taluk Legal Services Committee is headed by a senior Civil
Judge operating within the jurisdiction of the Committee who is its ex-officio Chairman.

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SUPREME COURT LEGAL SERVICES COMMITTEE

The Central Authority shall constitute a Committee to be called the Supreme Court
Legal Services Committee for the purpose of exercising such powers and performing such
functions as may be determined by regulations made by the Central Authority.

NALSA is laying great deal of emphasis on legal literacy and legal awareness campaign.
Almost all the State Legal Services Authorities are identifying suitable and trustworthy
NGOs through whom legal literacy campaign may be taken to tribal, backward and far-flung
areas in the country. The effort is to publicise legal aid schemes so that the target group, for
whom Legal Services Authorities Act has provided for free legal aid, may come to know
about the same and approach the concerned legal services functionaries.

NALSA has also called upon State Legal Services Authorities to set up legal aid cells in jails
so that the prisoners lodged therein are provided prompt and efficient legal aid to which they
are entitled by virtue of section 12 of Legal Services Authorities Act, 1987.

CERTAIN SALIENT FEATURES OF THE ACT ARE ENUMERATED BELOW:

Section 2 (Definitions):

(c) 'legal service' includes the rendering of any service in the conduct any case or other legal
proceeding before any court or other Authority or tribunal and the giving of advice on any
legal matter;

(d) 'Lok Adalat' means a Lok Adalat organised under Chapter VI;

(g) 'scheme' means any scheme framed by the Central Authority, a State Authority or a
District Authority for the purpose of giving effect to any of the provisions of this Act;

(h) 'State Authority' means a State Legal Services Authority constituted under Section 6;

Any reference in this Act to any other enactment or any provision thereof shall, in relation to
an area in which such enactment or provision is not in force, be construed as a reference to
the corresponding law or the relevant provision of the corresponding law, if any, in force in
that area.

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Section 19

1. Central, State, District and Taluk Legal Services Authority has been created who are
responsible for organizing Lok Adalats at such intervals and place.
2. Conciliators for Lok Adalat comprise the following: -
 A sitting or retired judicial officer.
 other persons of repute as may be prescribed by the State Government in
consultation with the Chief Justice of High Court.

Section 20: Reference of Cases

Cases can be referred for consideration of Lok Adalat as under:-

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.

Section 21

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. No appeal shall lie from the award of the Lok Adalat.

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JUDICIAL VOICE

Indian Judiciary made a dynamic interpretation of the provisions of Legal Services

Authorities Act in the right context of our socio-economic milieu to enlarge and expand the
concept of legal aid.

 The crucial words in the statute are "the obligation of the state to provide free legal aid by
suitable legislation or by schemes or in any other way so that opportunities for securing
justice is not denied to any citizen by reason of economic or other disabilities".21
 Though Article 39A of the Constitution provides fundamental rights to equal justice and
free legal aid and though the State provides amicus curiae to defend the indigent accused,
he would be meted out with unequal defence, if as in common knowledge the youngster
from the Bar who has either a little experience or no experience is assigned to defend in.
It is high time that senior counsel practicing in the Court concerned volunteer to defend
such indigent accused as a part of their professional duty.22
 It was the duty of members of Bar and Benches to make litigants of this class (like
woman, etc.) be made known of their legal right under the Legal Services Authorities
Act.23
 Where the petitioner has not been informed of her right of free legal aid in High Court
and she filed this revision- application through Advocate, the Gujarat High Court Legal
Services Committee directed to provide free legal aid to the petitioner. This Advocate has
also not informed her or appears to have not informed to her of the right to have free legal
aid. This woman has unnecessarily incurred heavy expenses of litigation of this civil
revision application. The aggregate amount of expenses and the fees, if any paid by her in
case to her counsel exceeds the amount to be given to her by the Gujarat High Court
Legal Services Committee, she has to bear the burden of difference. Where the amount of
expenses and the fees is less than the amount of expenses and fees to be sanctioned by the
Committee, then to that extent only the amount has to be paid.24
 A lawyer did not defend the accused and the accused took a plea that the theft was
committed in the studio /shop but the charge shows that the offence was committed in the
house. It is up to the learned Chief Judicial Magistrate to rectify the error or to frame a
fresh charge. Learned Chief Judicial Magistrate shall also enquire from the accused as to
21
State of Maharashtra v. Manubhai Pragaji Vashi, AIR 1996 SC 1.
22
Kishore Chand v. State of Himachal Pradesh, 1990 Cri LJ 2289.
23
Rajeshreeben Dhannendrabhai Patadia v. State of Gujarat, 2002 Cri LJ NOC 5 (Guj).
24
Prafullaben Dhirubhai Kanjiya v. Dhimbhai Kachrabhai Kanjiya, AIR 2001 (Guj) 160.

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 whether he comes under any of the provisions of Section 12 of the State Legal Services
Authority Acts and Rules and if it appears that, the accused comes under any of the
provisions, he is entitled to legal aid at the cost of State. The accused was convicted on its
own plea of guilty. It is not on the record that the Chief Judicial Magistrate had informed
the accused that he is entitled to free legal assistance. Offer for legal aid by Presiding
Officer of a court has to be reflected in the Order-sheet.25
 The Court, on the first available opportunity to it to ascertain from the litigant concerned
whether he or she was desirous of taking the free legal services or not; where he or she
desired.26
 Only a sitting Judge of the High Court concerned can be appointed Chairman of the State
Legal Services Authority (SLSA).27
 In the affidavit filed by the National Legal Service Authority, it is has been accepted that
the functioning of the SLSAs, where retired judges have been appointed as Chairman, is
not satisfactory.28

CONCLUSION
The focus of Legal Aid is on distributive justice, effective implementation of welfare
benefits and elimination of social and structural discrimination against the poor. It works in
accordance with the Legal Services Authorities Act, 1987 which acts as the guideline for
rendering of free justice.

It will be interesting to know the special problems of the rural poor and the urban poor
separately and also to find how they compare with the legal problems of the non-poor living
in rural and urban India. An efficient organization of a legal services delivery system may
have to take account of all these differences in legal needs of the poor and design the program
accordingly.

Except sketchy impressionistic references in the reports of the various legal aid committees,
there has been a very little attention given to the analysis of the legal problems of the poor at
the academic, official or professional level.

25
Anand Bardewa v. State of Sikkim 1999, Cri LJ 1804 at 1807 (Sikkim).
26
Sugreev v. Sushila Bia, AIR 2003 Raj 149.
27
A Bench of Justice Arijit Pasayat and Justice D.K. Jain passed this order on a writ petition filed by the
Supreme Court Bar Association alleging that appointment of a retired Judge of the High Court as Chairman of
the SLSA concerned in different States "falls foul of the desired legislative effect".
28
http.//www.hindu.com/2007/04/18/stories visited on 30 th January 2018.

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The discomfort of the bureaucracy arising out of the policing role of legal aid is
understandable. In a Welfare State, the Government cannot be made available for litigation
against itself to vindicate the legal rights of the poor. The criticism that legal aid litigation,
aims at law reform thereby making the judiciary usurps the functions of the legislature is
illogical and does not carry conviction in common law jurisprudence.

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