WEEK 1

The first week (1 June – 7 June), comprised an orientation by the learned OSD - I at the
NALSA office in the B-Block, Additional Building Complex, Supreme Court of India. It was
an insightful session, which not only briefed the interns about the internship program but also
motivated them for a career in law.

Readings were assigned to the interns during this time,

Empowerment through Law: Journey of Legal Aid in India – This coffee table book takes
its reader through the history of legal aid in India. It also provides a detailed account of the
vision and mission of NALSA, which are, “To promote an inclusive legal system in order to
ensure fair and meaningful justice to the marginalised and disadvantaged sector” and “To
legally empower the marginalised and excluded groups of the society by providing effective
legal representation, legal literacy and awareness and bridging the gap between the legally
available benefits and the entitled beneficiaries and To strengthen the system of Lok Adalats
and other Alternate Dispute Resolution mechanisms in order to provide for informal, quick,
inexpensive and effective resolution of disputes and minimise the load of adjudication on the
overburdened judiciary” respectively. The scope of legal services, functions of NALSA, the
hierarchy of legal aid services, namely State Legal Services Authorities (SLSAs) and District
Legal Services Authorities (DLSAs), along with functions of Supreme Court Legal Services
Committees (hereinafter referred to as SCLSCs), High Court Legal Services Committees
(HCLSCs), Taluk Legal Services Committees (hereinafter referred to as TLSCs).

LSA Act -The interns were also tasked to study in detail and prepare notes on the LSA Act,
with an emphasis on Chapter IV – Entitlement to Legal Services. The act came into force in
1987, 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 because of economic or other disabilities, and to organize Lok Adalats to secure
that the operation of the legal system promotes justice on a basis of equal opportunity. The act
extends to the whole of India and defines terms that are commonly used in the context of
legal services in India, such as legal service, Central, State, and District Authority, etc. The
act also provides for Lok Adalats. The courts run on very formal processes and are presised
by trained adjudicators, the concept of Lok Adalat was a new chapeter in a process of
elimination of delayed justice resulted in denial of justice, the system is baked on Gandhain
principles1. India is a developing nation, although its economy is growing, poverty is still a
challenge and such challenge should not deprive the person’s rights, since our country
believes in constitutional supremacy to fulfil the promise made in the preamble to secure all
citizens their justice which shall be social, economical and political 2. The act also ensures the
poverty does not get in the way of one’s access to justice.

Chapter II of the act, National Legal Services Authority comprises 3-5. Section 3 provides for
the Constitution of NALSA and Section 4 provides for the functions of the same. About this
section, NALSA performs multiple functions such as: laying down policies and principles for
making legal services available, coordinating and monitoring the functioning of subordinate
authorities, framing effective and economic schemes, utilizing the funds at its disposal, and
making allocations to its subordinate authorities, organizing legal aid camps, encouraging
settlement of disputes by way of alternate dispute resolution mechanisms like negotiations,
arbitration, and conciliation, spreading legal education in consultation with the Bar Council
of India and ensuring commitment to the fundamental duties of citizens under Part IVA of the
Constitution among other functions. Chapter III of the act, State Legal Services Authority,
provides for the constitution and functions of SLSAs, DLSAs, and TSLCs.

Chapter IV Entitlement to Legal Services, serves as the most significant and crucial aspect of
the act, and the same was communicated to interns at the orientation. This Chapter serves as
the core and essence of the LSA Act. Section 12 of the act provides Criteria for giving legal
services, which provides the extent of coverage of legal aid in India. Pursuant to this section,
a person can file or defend a case if that person is, a member of SC/ST, victim of trafficking
in human beings or beggar, a woman or child, a person with disability, person under
circumstances of underserved want such as being a victim of mass disaster, violence, caste
atrocity etc., an industrial workman, in custody and one in receipt of annual income of less
than nine thousand rupees or amount prescribed by the State government. It can be seen that
this section connects the most backward, vulnerable, and at-risk sections of the society with
legal assistance to ensure social justice in litigation and ensure that one does not suffer at the
doorstep of the judiciary due to a poor socioeconomic status in the society. Section 13,
Entitlement of Legal Services, provides that persons who satisfy all or any of the criteria

1
‘Access to Justice: Through Lok Adalat Issues and Challenges’ (2020) 3(3) Int'l J.L. Mgmt. & Human 1,
<https://heinonline.org/HOL/LandingPage?handle=hein.journals/ijlmhs5&amp;div=143&amp;id=&amp;page=
> accessed 6 June 2024.
2
Rannika MP, ‘Law and Poverty: Legal Aid and Statutory Provisions’ (2021) (2) Indian JL & Legal Rsch 1,
<https://heinonline.org/HOL/LandingPage?handle=hein.journals/injlolw2&amp;div=146&amp;id=&amp;page=
> accessed 6 June 2024.
specified in Section 12 shall be entitled to receive legal services provided that the concerned
authority is satisfied that such person has a prima facie case to prosecute or defend. Chapter
V Finance, Accounts and Audit provides information on the National and State Legal Aid
Funds, Central Government Grants to NALSA by the Central Government and the Accounts
and Audit of NALSA. The accounts of all legal services authorities shall be audited by the
Comptroller and Auditor-General of India.

Chapter VI Lok Adalats provide for the organization of Lok Adalats, Cognizance of cases by
Lok Adalats, Award by Lok Adalat and the powers of Lok Adalat or Permanent Lok Adalat
(hereinafter referred to as PLA). Under the LSA Act, NALSA in collaboration with various
Legal Services Institutions, conducts Lok Adalats. These Lok Adalats serve as a forum for
alternative dispute resolution, enabling the amicable settlement or compromise of disputes
and cases, whether pending in courts or at the pre-litigation stage. In the year 1959, the then
Union Law Minister gave a statement on the floor of the Parliament that little inquiries ought
to be left to be picked by the course of action of associations like Lok Adalats3, however the
same is not the case in the present day. The Act confers statutory status on Lok Adalats, and
the awards or decisions rendered by these forums are deemed equivalent to civil court
decrees. These awards are final and binding on all parties involved, with no provision for
appeal in any court of law. In proceedings before a Lok Adalat, no court fee is required. If a
case pending in a court is referred to a Lok Adalat and subsequently resolved, the court fee
initially paid is refunded to the parties. The adjudicators in Lok Adalats, known as Members,
function solely as statutory conciliators without any judicial authority. Their role is to
facilitate and persuade the parties towards an amicable settlement, without exerting any form
of pressure or coercion, whether direct or indirect. The Lok Adalat itself does not adjudicate
the referred matters; rather, the resolution is based on the compromise or settlement achieved
between the parties4. The Members are tasked with assisting the parties impartially and
independently in their efforts to reach a mutually agreeable resolution. The nature of cases to
be referred to the Lok Adalat are: i) any case pending before any court ii) any dispute that has
not been brought before any court and is likely to be filed before the court, provided that such
matters relating to an offense are not compoundable under the law and shall not be settled in

3
Aditya Manral, ‘Role of Lok Adalat in Mutual Settlement of Commercial Disputes’ (4) Int'l JL Mgmt. &
Human 2681,
<https://heinonline.org/HOL/LandingPage?handle=hein.journals/ijlmhs12&amp;div=257&amp;id=&amp;page=
> accessed 6 June 2024.
4
Sarfaraz Ahmed Khan, Lok Adalat: An effective alternative dispute resolution mechanism (A.P.H. Pub. House
2006) 67.
Lok Adalat. Chapter VIA Pre-Litigation Conciliation and Settlement defines and provides for
the establishments of a PLA, cognizance of cases by PLA, procedure followed and the
finality of the award provided. In response to the pressures on the Indian legal system, the
Supreme Court of India has initiated legal reforms with the primary objective of reducing
judicial backlog and delay. Among the key mechanisms employed by the Indian Parliament
and judiciary to address this issue is the establishment of PLAs. These courts are designed to
facilitate rapid conciliation and binding resolution of disputes. While these efforts have
achieved some success in diminishing the backlog, it is noteworthy that a campaign led by
the Supreme Court in the early 1990s also contributed to reducing delays by enforcing
discipline within the courts. The purpose of instituting Lok Adalats extends beyond merely
alleviating backlog; they also aim to ensure the prompt and equitable resolution of disputes in
a manner that aligns with traditional Indian jurisprudence5. Chapter VII Miscellaneous
provides for miscellaneous but pertinent provisions of the act. Sections 23-30 of the act,
designate members and staff of legal services authorities and Lok Adalats as public servants.
They protect actions taken in good faith, give the Act overriding effect, and empower the
Central and State Governments to make rules and regulations, subject to legislative review.

NALSA Rules and Regulations: The Central Government in exercise of the powers
conferred by Section 27 of the LSA Act, has made the National Legal Services Authority
Rules, 1995. The National Legal Services Authority Rules, 1995, stipulate the structure and
functioning of the NALSA. The rules came into effect upon their publication in the Gazette
of India. Key definitions include the Act, Central Authority, member, and Member-Secretary,
all relating to the LSA Act. NALSA, comprising no more than twelve members, includes ex-
officio members such as the Secretary of the Department of Justice, the Secretary of the
Department of Expenditure, and two Chairmen of the State Legal Services Authorities. Other
members are nominated by the Central Government in consultation with the Chief Justice of
India, and must be eminent persons in the field of law, those with a strong interest in legal
services implementation, or social workers involved in the upliftment of weaker sections of
society. The Member-Secretary, appointed by the Central Government in consultation with
the Chief Justice of India, must be a senior officer with significant administrative and legal
aid experience. Their responsibilities include overseeing legal services schemes, managing
finances and properties, maintaining records, liaising with state authorities, and producing
5
Manoj Kumar Sinha, ‘In the Name of Efficiency: The Role of Permanent Lok Adalats in the Indian Justice
System and Power Infrastructure’ [2009] GLOBAL GOVERNANCE, DEVELOPMENT AND HUMAN
RIGHTS 1, <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1395957> accessed 6 June 2024.
public awareness materials. Members serve a two-year term, with eligibility for one re-
nomination. They receive travel and daily allowances like Grade "A" officers. The Member-
Secretary has a term of up to five years or until age 62, with conditions like those in the
Central Government. NALSA’s staff structure and remuneration are aligned with equivalent
Central Government positions. The SCLSC, comprising up to nine members including ex-
officio members like the Attorney General of India, follows similar nomination criteria.
Individuals with annual incomes below Rs. 50,000 are eligible for legal services before the
Supreme Court. The qualifications for Lok Adalat members organized by the Supreme Court
Legal Services Committee include being legal professionals, individuals interested in legal
services, or social workers focusing on the weaker sections of society.

Statistical Reports: There are 3 statistical snapshots of NALSA, which are publicly available
at the NALSA portal, for years 2020-2022. The reports consist of national data on the
presence of legal services institutions in India, budget allocation and workforce, legal aid
activities, as in, beneficiaries, cases, clinics, front offices, etc., Lok Adalat and mediation,
victim compensation, legal services to prisoners, as in, to women, convicts, suspects etc. and
NALSA Web Portal and mobile app.

Presence of Legal Services Institutions in India and Workforce

Presence of Legal Services Institutions in India

Year SCLSC HCLSC SCLSC DLSA TLSC

2020 1 39 36 670 2277
2021 1 39 37 673 2351
2022 1 39 37 679 2363

Workforce of Legal Services Institutions

Year Panel Lawyers Para Legal Volunteers

2020 27,327 49,285
2021 33,556 44,704
2022 31,128 42,446

Legal Aid Activities

 Year Legal Services Clinic
2020 13,459
2021 12,794
2022 11,880

Year Front Offices

2020 1,464
2021 666
2022 669

Lok Adalats and Mediation

Total cases disposed of by Lok Adalats

Year Total Number of Cases

Disposed
2020 31,34,636
2021 1.27 cr
2022 71,93,177

Mediation

Year Cases Settled

2020 32,042
2021 52,568
2022 84,607

Preparation of Application and ATR Briefs: During the first week, the interns prepared
briefs on legal aid applications and Action Taken Reports (hereinafter referred to as ATRs).
These applications were from all across the country, received by NALSA either through the
office of any authority, by post, or through the online digital portal. NALSA must revert / act
on these applications within 7 working days. There are two OSDs in NALSA, OSD – I,
learned Ms. Shreya Arora Mehta, and OSD – II, learned Ms. Harshita Mishra, with about 14
states being assigned to each. At times, applications received by NALSA are also forwarded
to concerned SLSAs directing them to act and appraise NALSA within 7 working days, and
the applicant is also informed of this action. At times, applications are also forwarded to
SCLSC, for instance, in case the applicant seeks a transfer of divorce petition from one state
to another. Among other things, the grievances mostly seek requests for a panel lawyer to file
a case or writ petition.

Preparation of Pamphlet on NALSA Schemes: The interns were also required to go

through and study in detail the NALSA Compendium on Schemes and were assigned to
prepare an informatory pamphlet which will aid in the spread of legal literacy on the same.
There are 10 legal schemes targeting and working to legally assist disaster victims, children,
impoverished sections of society, victims of trafficking and commercial sexual exploitation,
mentally ill and disabled persons, tribal persons, victims of drug abuse, senior citizens, and
victims of acid attacks. I prepared an informatory pamphlet on the NALSA (Victims of
Trafficking and Commercial Sexual Exploitation) Scheme, 2015. The pamphlet was prepared
in English (as NALSA works on a pan-India level) and in one vernacular language, I chose
Hindi. The aim was to brief a potential beneficiary about the scheme and guide them to the
legal aid helpline number and communication address of NALSA.