Going to court costs money and takes years. Many poor people cannot afford a lawyer. So India has built a system of free legal aid and quick, friendly settlement called Lok Adalat, which means "people's court". The Constitution supports this through Article 39A. Exams ask about the Article, the 1987 Act, NALSA and the features of Lok Adalats. This post explains them in simple words. It ends with 15 previous year questions.
Key Points (Quick Revision)
- Article 39A (a Directive Principle) asks the State to provide equal justice and free legal aid. It was added by the 42nd Amendment, 1976.
- The Legal Services Authorities Act, 1987 gave Lok Adalats a legal basis. It came into force in 1995.
- NALSA, the National Legal Services Authority, was set up under this Act.
- The first Lok Adalat camp was held in 1982 in Gujarat.
- A Lok Adalat award is final; there is no appeal against it.
1. Article 39A - equal justice and free legal aid
Article 39A is a Directive Principle of State Policy. It says the State shall make sure that the legal system promotes justice on the basis of equal opportunity.
- The State shall provide free legal aid through suitable laws or schemes.
- No citizen should be denied justice because of economic or other disabilities.
It was added by the 42nd Constitutional Amendment Act, 1976. The Supreme Court has also linked free legal aid to the right to life and personal liberty under Article 21, especially for an accused person who cannot afford a lawyer.
2. Legal Services Authorities Act, 1987
Parliament passed the Legal Services Authorities Act in 1987. It came into force on 9 November 1995. That is why 9 November is observed as National Legal Services Day.
The Act created a network of legal services bodies at every level:
| Level | Body |
|---|---|
| National | National Legal Services Authority (NALSA) |
| Supreme Court | Supreme Court Legal Services Committee |
| State | State Legal Services Authority (SLSA) |
| High Court | High Court Legal Services Committee |
| District | District Legal Services Authority (DLSA) |
| Taluk | Taluk Legal Services Committee |
The Chief Justice of India is the Patron-in-Chief of NALSA, and a senior judge of the Supreme Court is its Executive Chairman. At the State level, the Chief Justice of the High Court is the Patron-in-Chief.
3. Who gets free legal aid?
Under Section 12 of the Act, free legal services are available to:
- Members of Scheduled Castes and Scheduled Tribes.
- Women and children.
- Victims of human trafficking or begar (forced labour).
- Persons with disabilities.
- Victims of mass disaster, ethnic violence, caste atrocity, flood, drought or earthquake.
- Industrial workmen.
- Persons in custody.
- Persons whose annual income is below a limit fixed by the government.
Free legal aid includes a lawyer, court fees, preparing documents and legal advice.
4. What is a Lok Adalat?
A Lok Adalat is a forum where disputes are settled by agreement between the parties. It is a form of alternative dispute resolution.
- The first Lok Adalat camp was held in 1982 in Gujarat.
- Under the 1987 Act, Lok Adalats got statutory status.
- A Lok Adalat usually has a serving or retired judicial officer and other members such as a lawyer or social worker.
Lok Adalats can take up:
- Cases pending in a court, if the parties agree or the court refers them.
- Disputes at the pre-litigation stage, before a case is filed.
They cannot settle offences that are not compoundable under law.
5. Features of a Lok Adalat award
- There is no court fee. If a pending case is settled, the court fee already paid is refunded.
- The procedure is simple and flexible; strict rules of evidence do not apply.
- The award is treated as a decree of a civil court.
- The award is final and binding on the parties. No appeal lies against it in any court.
- If the parties do not agree, the case goes back to the regular court.
National Lok Adalats are held on the same day across the country, and settle lakhs of cases in one day. E-Lok Adalats use online hearings.
6. Permanent Lok Adalats and Gram Nyayalayas
Permanent Lok Adalats were added by an amendment in 2002. They deal with disputes about public utility services such as transport, post, telephone, electricity, water, hospitals and insurance.
- Unlike a regular Lok Adalat, a Permanent Lok Adalat can decide a case on merits if the parties fail to agree.
- Its award is also final.
Gram Nyayalayas are village-level courts set up under the Gram Nyayalayas Act, 2008, to give quick and cheap justice in rural areas.
7. Previous year questions
- Which Article of the Constitution provides for free legal aid? – Article 39A
- Which amendment added Article 39A to the Constitution? – 42nd Amendment, 1976
- Under which Act do Lok Adalats get statutory status? – Legal Services Authorities Act, 1987
- When did the Legal Services Authorities Act come into force? – 9 November 1995
- Which day is observed as National Legal Services Day? – 9 November
- What is the full form of NALSA? – National Legal Services Authority
- Who is the Patron-in-Chief of NALSA? – The Chief Justice of India
- In which state was the first Lok Adalat camp held? – Gujarat
- In which year was the first Lok Adalat camp held? – 1982
- Can an appeal be filed against a Lok Adalat award? – No
- A Lok Adalat award is deemed to be a decree of which court? – A civil court
- Permanent Lok Adalats deal with disputes about what? – Public utility services
- In which year were Permanent Lok Adalats added by amendment? – 2002
- Under which Act were Gram Nyayalayas set up? – Gram Nyayalayas Act, 2008
- Which section of the 1987 Act lists those entitled to free legal services? – Section 12
8. How to revise this topic
Start with the constitutional base: Article 39A, added by the 42nd Amendment in 1976, and its link with Article 21.
Next, fix the Act: Legal Services Authorities Act, 1987, in force from 9 November 1995, which is National Legal Services Day.
Then learn the Lok Adalat features: settlement by agreement, no court fee, award final with no appeal, decree of a civil court.
Finally, remember the other forums: Permanent Lok Adalats from 2002 for public utility services, and Gram Nyayalayas under the 2008 Act.
9. Frequently Asked Questions
What is a Lok Adalat?
A Lok Adalat, or people's court, is a forum where disputes are settled by agreement between the parties. It has statutory status under the Legal Services Authorities Act, 1987.
Can you appeal against a Lok Adalat award?
No. A Lok Adalat award is final and binding on the parties, and no appeal lies against it in any court. It is treated as a decree of a civil court.
Which Article provides for free legal aid in India?
Article 39A, a Directive Principle added by the 42nd Amendment in 1976, asks the State to provide equal justice and free legal aid.
What is NALSA?
The National Legal Services Authority is the apex body for legal aid, set up under the Legal Services Authorities Act, 1987. The Chief Justice of India is its Patron-in-Chief.
What is a Permanent Lok Adalat?
It is a Lok Adalat for disputes about public utility services such as transport, post, electricity, water and insurance. Added in 2002, it can decide a case on merits if the parties do not agree.
For more Polity topics in simple language, see our Directive Principles of State Policy, Supreme Court of India and High Courts and the Judiciary posts, or browse the Polity section. Preparing for a judiciary-linked exam? Start with the UPPSC PCS guide or join the 100 Hour GS Course.