National Mission for Delivery of Justice and Legal Reforms (Strategic Initiatives) 2009-12 is geared towards meaningful improvements in justice dispensation.
A few notable steps have been taken at times towards timely delivery of justice to all. 1543 under-trials released across the country on Republic Day 2010. Further, a demand exists for out of turn and fast track disposal of cases filed by:
· senior citizens
· terminally ill
· cases pertaining to pretrial and juvenile prisoners
· women who are victims of violence.
Law is an important instrument of social and political change. For the rule of law to be a reality, it would be imperative to maintain the faith of the society in the legal system of our country. There is an urgent need to reduce the pendency of cases in courts and also to shorten the average life span of litigation. The time for change is now.
We, the people of India, having solemnly resolved to constitute India into a [Sovereign Socialist Secular Democratic Republic] and to secure to all its citizens:
Justice, social, economic and political.
The word 'secure' means to fix or fasten securely, succeed in obtaining, protect against threats.
The framers of the Constitution did not make use of words like provide, give, render and deliver etc.
The word 'secure' was used. This word conveys greater certainty or a definite action, suggestive of some obligation. Therefore, it is the Will of the people to securely obtain to all its people justice. It is indicative of a firm resolve or determination that access or delivery of justice should be within reach of all its people.
Law conveys rule or system of rules recognised by a country or community as regarding the actions of its members and enforced by the imposition of penalties.
Justice is a virtue by which we give to every man what is his due, opposed to injury or wrong. It is the administration of the law or authority in maintaining just behaviour or treatment.
Article 39A, one of the Directive Principles of the State Policy is of relevance in this context. It relates to equal justice and free legal aid. The Article lays down 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 for reason of economic or other disabilities.
1. Free legal aid has been mentioned in the heading of the Article along side equal justice. The obvious implication is that the two go side by side.
2. It is to be appreciated that equal justice cannot be provided quantitatively. It is a notion and principle.
3. The reference to equal justice is in the sphere of equal opportunity to seek justice.
4. Framing of suitable legislation is indicated as a mechanism for providing equal justice. Thus a road or way has been pointed out for the State to obtain equal justice.
5. Use of words 'in any other way' is a device to introduce any innovation any time in future. This could be a legislation, or an executive scheme or take any other shape.
6. Other disabilities could relate to physical, medical, caste, social or regional aspects.
An Act to constitute legal services authorities to provide free and competent legal service 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 the basis of equal opportunity.
1. Free and competent legal service to the weaker sections of the society. Free service indicates easy availability. The quality has to be competent in grade and hence by experienced and qualified person.
2. To ensure that the opportunities for securing justice are not denied. This would involve a monitoring and accountability mechanism which would serve as a watchdog.
3. Organisation of Lok Adalats.
Central Authority section 2(1)(aa). It means the National Legal Services Authority constituted under section 3.
Legal Service section 2(1)(c). The term would include 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.
Scheme section 2(1)(g). It 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.
National Legal Services Authority is provided for under section 3.
Supreme Court Legal Services Committee is indicated in section 3A.
National Legal Services Authority (NLSA).
Working of Free Legal Service Schemes has been mentioned in section 3(1) which States that the Central Government shall constitute a body to be called the National Legal Services Authority to exercise the powers and perform the functions conferred on, or assigned to, the Central Authority under this Act.
Central Authority.Its composition has been shown in section 3(2). This is to have:-
1. CJI - Patron-in-Chief
2. Serving or Retired Judge to be appointed by the President in consultation with the CJI to be Executive Chairman.
3. Members to be nominated by the President in consultation with CJI.
Supreme Court Legal Services Committee has been dealt with under section 3A. It is to be constituted by the Central Authority and is to have:-
1. Sitting Judge of the Supreme Court - Chairman.
2. Members - All to be nominated by the CJI.
Functions of the Central Authority are enumerated in section 4. These include:-
1. Frame policies, principles and schemes.
2. Utilisation of funds.
3. Social justice litigation for consumer protection, environmental protection.
4. Organise legal aid camps.
5. Undertake and promote research.
Functions of the State Authority are listed in section 7. These are to:-
1. To give effect to the policies and directions of the Central Authority.
2. Give legal service to persons who satisfy the criteria.
3. Conduct Lok Adalats.
4. Undertake preventive and strategic legal aid programmes.
5. Such other functions as fixed by the regulations.
Entitlement to legal services is covered under section 12. These include:-
1. A member of SC/ST.
2. A victim of trafficking in human beings or beggar.
3. A woman or child.
4. A person with disability.
5. Victims of mass disasters, ethnic violence, caste atrocities, floods, droughts, earthquakes or industrial disasters.
6. Industrial workmen.
Free legal services would include within its ambit:-
1. Payment of court fee, process fee and other charges.
2. Services of Advocates.
3. Access to certified true copies and other documents
4. Preparation and filing of appeal, paper book.
5. Pre-litigation settlement.
The location where free legal services are to be accessible at are as undermentioned.
1. Supreme Court Legal Services Committee.
2. State Legal Services Authority.
3. High Court Legal Services Committee.
4. District Legal Services Authority.
The term in custody would include custody in protective home or a juvenile home at a psychiatric hospital or psychiatric nursing home.
Free legal services are meant to be given to those in receipt of annual income less than Rupees Nine Thousand.
A forum where the disputes or cases pending in the court of law or at a pre- litigation stage are settled/compromised amicably.
Lok Adalats are to be organised at such intervals and places and for exercising jurisdiction as decided by:
- State Authority
- District Authority
- Supreme Court and High Court Legal Services Committee.
- Taluk Legal Services Committee.
Composition of Lok Adalat has been indicated in section 19(2). This would comprise of:-
1. Serving or retired judicial officers. Lok Adalats are usually presided over by retired judges.
2. Other persons of the area. These may include social activists or other members of the legal profession.
Section 19(5) relates to jurisdiction of a Lok Adalat. It is to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of:
(a) Any case pending before,
(b) Any matter falling within its jurisdiction and not brought before any court.
Proviso - It is not to have any jurisdiction in respect of any case or matter relating to an offence not compoundable under any law.
1. Lok Adalats carry statutory status under LSAA, 1987.
2. An award made by it is deemed to be a decree of a civil court and is final and binding on all parties. No appeal lies before any court against it.
Case means a trial. A statement of facts and documents, raising a point of law, submitted for the opinion of a counsel. Means a case, 'suit' or proceeding in court or tribunal.
Dispute means a controversy having both positive and negative aspects. It postulates the assertion of a claim by one party and its denial by the other. For example, an action to seek a succession certificate is a case when it may not involve any dispute.
An agreement that is reached by each side making concessions. To settle a dispute by mutual concessions.
It is an official agreement intended to resolve a dispute or conflict.
Trigger mechanism for Lok Adalat. It could come about in any of the following ways.
1. Where the parties agree.
2. One of the parties makes an application to the court.
3. Where the court is satisfied that the matter is appropriate.
Procedure to be followed by a Lok Adalat. It is to be guided by principles of justice, equity, fair play and other legal principles.
If no award is made, Lok Adalat is expected to advise the parties to seek remedy in a court. The matter would then go back to the same stage.
It is provided for under section 21 that the court-fee paid in a case where a compromise or settlement is reached or arrived at by a Lok Adalat should be refunded.
Another significant aspect is covered under section 22B which lays down that Pre-litigation Conciliation and Settlement is envisaged for public utility service.
1. Transport
2. Postal, telegraph or telephone
3. Power, light or water
4. Public conservancy or sanitation
5. Hospital or dispensary
6. Insurance service.
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