Unit 1 of Practical Training – II: Alternate Dispute Resolution (syllabus: Module I — legal services authorities, services and persons entitled to them, Lok Adalats, para-legal training and legal literacy, and Permanent Lok Adalats). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- Why was the Legal Services Authorities Act, 1987 enacted, and what problem was it meant to solve?
- How are the legal services authorities constituted, and who heads each of them?
- What are the functions of the Central Authority, and where do legal literacy and para-legal work fit in?
- Who is entitled to free legal services, and what must the authority be satisfied of before granting them?
- When does the constitutional right to free legal aid in a criminal case arise, and can it be lost by not asking for it?
- What may a Lok Adalat take up, and by what routes does a case reach it?
- What is the status of a Lok Adalat award, and why does no appeal lie against it?
- How does a Permanent Lok Adalat differ from an ordinary Lok Adalat?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Legal Services Authorities Act, 1987, s. Preamble; Article 39A of the Constitution
- Legal Services Authorities Act, 1987, s. ss. 3, 3A, 6, 8A, 9, 11A
- Legal Services Authorities Act, 1987, s. ss. 4, 7(2)(c)
- Legal Services Authorities Act, 1987, s. ss. 12, 13
- Constitution of India and the law of criminal procedure, s. Article 21; Article 39A
- Legal Services Authorities Act, 1987, s. ss. 19, 20
- Legal Services Authorities Act, 1987, s. ss. 21, 22
- Legal Services Authorities Act, 1987, s. ss. 22A-22E
Leading cases
- Hussainara Khatoon v. State of Bihar
- Centre of Legal Research v. State of Kerala
- Khatri v. State of Bihar