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Court Procedure and Legal Awareness for Judiciary Staff · Chapter 8

Legal Aid, Lok Adalats, ADR, Service Rules Awareness, Conduct and Ethics

What to remember

  • Free legal aid is a constitutional promise. Article 39A (Directive Principle) says the State must give free legal aid so that no citizen loses justice because of poverty. The Legal Services Authorities Act, 1987 gives it a legal structure.
  • A Lok Adalat award is final. It is treated as a decree of a civil court, no appeal lies against it, and the court fee paid in the case is refunded.
  • A court employee must be honest, impartial and discreet. The conduct rules protect the dignity of the court, and breaking them leads to disciplinary action.

1. Legal aid: the idea and the law

Justice must be open to all, rich or poor. Three ideas work together.

  • Article 14 and Article 21 support equality before law and a fair procedure.
  • Article 39A (inserted by the 42nd Amendment) directs the State to ensure equal justice and free legal aid.
  • The Legal Services Authorities Act, 1987 created the national structure. It came into force in 1995.

The Supreme Court has said that free legal aid is part of the right to a fair trial under Article 21. A poor accused who is not given a lawyer can have the trial set aside. Courts must inform the accused of this right. In sessions trials the State provides a lawyer at its own cost if the accused has none.

2. The structure of legal services

LevelBodyHead (general idea)
NationalNational Legal Services Authority (NALSA)Chief Justice of India is the Patron-in-Chief; a senior Supreme Court judge is the Executive Chairman
StateState Legal Services Authority (SLSA)Chief Justice of the High Court is the Patron-in-Chief; a High Court judge is the Executive Chairman
High CourtHigh Court Legal Services CommitteeA sitting High Court judge
DistrictDistrict Legal Services Authority (DLSA)The District Judge is the Chairman
Taluk / MandalTaluk Legal Services CommitteeSenior civil judge of the taluk
Supreme CourtSupreme Court Legal Services CommitteeA sitting Supreme Court judge

In Andhra Pradesh, the State Legal Services Authority works from the High Court area, with District Legal Services Authorities and mandal-level committees below it. Para-legal volunteers, legal aid clinics and legal literacy camps carry the services to villages. Panel lawyers are paid by the authority.

3. Who gets free legal services

Section 12 of the Act lists those who are entitled. In simple words, they include:

  • Members of Scheduled Castes and Scheduled Tribes.
  • Victims of human trafficking or forced labour.
  • Women and children.
  • Persons with disabilities.
  • Victims of mass disaster, violence, flood, drought, earthquake or industrial disaster.
  • Industrial workmen.
  • Persons in custody, including protective custody.
  • Persons whose annual income is below the limit set by the State (the limit is changed from time to time; check the latest order).

The services include payment of court fee and other charges, a lawyer, copies of the record, translation, and the cost of preparing appeals. An applicant files a simple application. The authority may refuse aid where it finds that the person has no prima facie case.

4. Lok Adalat (People's Court)

Lok Adalats settle disputes by agreement, in a friendly manner, without strict rules of procedure.

Key features:

  • Chapter VI of the Legal Services Authorities Act deals with Lok Adalats.
  • It is led by serving or retired judicial officers, with social workers or lawyers as members.
  • It can take up cases pending in a court and also pre-litigation disputes which have not been filed.
  • No court fee is charged for a pre-litigation matter. If a pending case is settled, the court fee paid is refunded.
  • Both parties must agree. The Lok Adalat cannot force a decision.
  • The award is deemed a decree of a civil court and is final and binding. No appeal lies against it. An unhappy party may only file a writ petition on very limited grounds, or start the case again in court if no settlement was reached.
  • Criminal cases: only compoundable offences are taken up. Non-compoundable offences cannot be settled.
  • National Lok Adalats are held on the same day all over the country, on a fixed subject or on all subjects.
  • Permanent Lok Adalats (Chapter VI-A) handle disputes about public utility services such as transport, postal, telephone, power, water, insurance and hospitals. They can decide on merits if the parties do not agree. Matters involving an offence not compoundable under the law are excluded.
PointLok AdalatRegular court
ProcedureInformal, by agreementFormal, as per the Code
Court feeRefunded on settlementNot refunded
AppealNoneProvided by law
SpeedQuick, often the same dayOften slow
OutcomeCompromiseDecision on merits

5. Alternative Dispute Resolution (ADR)

ADR is the name for ways of solving disputes outside regular trial. Section 89 of the Code of Civil Procedure tells a civil court to look at settlement outside court where there are elements of a settlement. It lists four ways:

  • 1. Arbitration (the Arbitration and Conciliation Act, 1996).
  • 2. Conciliation (the same Act).
  • 3. Judicial settlement, including settlement through a Lok Adalat.
  • 4. Mediation.
MethodWho decidesResult
ArbitrationA neutral arbitrator gives an awardBinding; enforceable like a decree after the time for challenge
ConciliationThe conciliator proposes termsBinding if the parties sign the settlement
MediationA trained mediator only helps; the parties decideA settlement agreement
Lok AdalatPanel helps in compromiseAward equal to a decree
Judicial settlementCourt refers the case to another forumCompromise recorded

Mediation also has a statute now: the Mediation Act, 2023. It covers pre-litigation mediation, community mediation and recognition of settlement agreements. The arbitration law allows interim relief from the court, and an award may be set aside only on narrow grounds.

6. Service rules awareness

Ministerial and subordinate staff of the district judiciary in Andhra Pradesh are governed by service rules made for the State judicial service. Candidates should know the following in general terms (check the latest rules for details):

  • Recruitment is through the High Court or the authorities named in the rules, with reservation as per State policy.
  • A fixed period of probation applies, after which the employee is confirmed if work is satisfactory.
  • The rules classify posts into categories and set qualifications, scales and promotion channels.
  • Control over the district judiciary and its staff rests with the High Court (Article 235 for judicial officers; the High Court's Chief Justice appoints its own officers and servants under Article 229).
  • Staff can be transferred, promoted, suspended, or punished only as per procedure. The appointing authority conducts a disciplinary inquiry and gives the employee a chance to answer the charges.
  • Appeals and review are available against major penalties.

7. Conduct and ethics

A court employee deals with litigants, advocates and the public. Public faith in the court rests on honest staff.

Duties:

  • Integrity, honesty and devotion to duty.
  • Punctuality and regular attendance; no leaving the office without permission.
  • Courtesy to the public; no rudeness or arrogance.
  • Impartiality: no favour to a lawyer or party.
  • Confidentiality: do not reveal orders before they are pronounced, nor the contents of files, nor the leanings of the judge.
  • Prompt and careful handling of files, registers and cash.

Prohibitions:

  • Accepting gifts, bribes or illegal gratification (it is a criminal offence as well as misconduct).
  • Acting as a "tout" or discussing a case with a party for gain.
  • Taking part in politics or in demonstrations against the Government, in the way the conduct rules bar.
  • Drinking or being intoxicated in the office.
  • Misusing office records or social media for comment on court matters.
  • Absence without leave or false statements about leave, age, qualification or caste.
ConductAction
Minor lapse (delay, carelessness)Censure, warning, recovery of loss
Serious misconduct (bribery, forgery)Suspension, reduction in rank, removal or dismissal after inquiry
Offence under criminal lawCase in addition to departmental action

Natural justice applies in every inquiry: the employee must be told the charges, given a fair chance to explain, and the decision must be reasoned.

Exam traps

  • Article 39A vs Article 21: Article 39A is a Directive Principle on free legal aid; Article 21 is a Fundamental Right that includes fair trial.
  • NALSA head: the Chief Justice of India is Patron-in-Chief; the Executive Chairman is a senior Supreme Court judge.
  • DLSA head: the District Judge is chairman, not the Collector.
  • Lok Adalat vs court: a Lok Adalat award has no appeal; a court decree has.
  • Pre-litigation vs pending: a pre-litigation Lok Adalat case has no court fee; in a pending case the fee is refunded.
  • Permanent Lok Adalat: it covers public utility services, and may decide on merits if no settlement.
  • Arbitration vs mediation: the arbitrator decides; a mediator only helps.
  • Gift vs gratitude: even a small gift from a litigant is misconduct.

One-liners

  • 1. Article 39A gives the direction on free legal aid.
  • 2. The Legal Services Authorities Act was passed in 1987.
  • 3. NALSA is the apex legal services body.
  • 4. DLSA is headed by the District Judge.
  • 5. Section 12 lists persons entitled to free legal services.
  • 6. A Lok Adalat award is deemed a civil court decree.
  • 7. No appeal lies against a Lok Adalat award.
  • 8. Court fee is refunded on settlement in a Lok Adalat.
  • 9. Section 89 of the Code of Civil Procedure lists ADR methods.
  • 10. The Arbitration and Conciliation Act was passed in 1996.
  • 11. The Mediation Act was passed in 2023.
  • 12. Control over district court staff rests with the High Court.

Practice questions

  1. Which Article of the Constitution directs the State to provide free legal aid?

    1. Article 51A
    2. Article 21A
    3. Article 39A
    4. Article 14
    Answer

    C. Article 39A

    Article 39A is the Directive Principle on equal justice and free legal aid.

  2. The Legal Services Authorities Act was passed in

    1. 1987
    2. 2019
    3. 1950
    4. 2002
    Answer

    A. 1987

    The Act dates from 1987.

  3. Article 39A was inserted into the Constitution by the

    1. 44th Amendment
    2. 61st Amendment
    3. 42nd Amendment
    4. 73rd Amendment
    Answer

    C. 42nd Amendment

    The 42nd Amendment added Article 39A.

  4. The apex body for legal services in India is

    1. NALSA
    2. SLSA
    3. NITI Aayog
    4. NHRC
    Answer

    A. NALSA

    NALSA is the National Legal Services Authority.

  5. The Chairman of a District Legal Services Authority is the

    1. District Medical Officer
    2. District Judge
    3. Collector
    4. Superintendent of Police
    Answer

    B. District Judge

    The District Judge heads the DLSA.

  6. The Patron-in-Chief of NALSA is the

    1. Law Minister
    2. President of India
    3. Prime Minister
    4. Chief Justice of India
    Answer

    D. Chief Justice of India

    The Chief Justice of India is the Patron-in-Chief.

  7. Which section of the Legal Services Authorities Act lists persons entitled to free legal services?

    1. Section 12
    2. Section 21
    3. Section 3
    4. Section 89
    Answer

    A. Section 12

    Section 12 gives the eligibility list.

  8. Which of the following is entitled to free legal aid irrespective of income?

    1. A company director
    2. A landlord
    3. A tax consultant
    4. A member of a Scheduled Caste
    Answer

    D. A member of a Scheduled Caste

    SC and ST members are listed in the Act.

  9. A Lok Adalat award is treated as

    1. A recommendation
    2. An arbitral opinion
    3. A decree of a civil court
    4. A police report
    Answer

    C. A decree of a civil court

    The award is deemed a civil court decree.

  10. An appeal against a Lok Adalat award

    1. Lies to the High Court
    2. Does not lie
    3. Lies to the District Court
    4. Lies to the Collector
    Answer

    B. Does not lie

    The award is final; no appeal lies.

  11. When a pending case is settled in a Lok Adalat, the court fee paid is

    1. Kept as costs
    2. Doubled
    3. Refunded
    4. Forfeited
    Answer

    C. Refunded

    The Act provides refund of court fee.

  12. Section 89 of the Code of Civil Procedure relates to

    1. Review
    2. Execution
    3. Appeal
    4. Settlement of disputes outside court
    Answer

    D. Settlement of disputes outside court

    Section 89 lists ADR methods.

  13. Which of the following is NOT listed in Section 89 as a mode of settlement outside court?

    1. Trial by jury
    2. Arbitration
    3. Judicial settlement including Lok Adalat
    4. Mediation
    Answer

    A. Trial by jury

    Section 89 does not provide for jury trial.

  14. The Arbitration and Conciliation Act was passed in

    1. 2006
    2. 1996
    3. 1976
    4. 2016
    Answer

    B. 1996

    The Act is of 1996.

  15. The statute on mediation in India was enacted in

    1. 2013
    2. 2003
    3. 2023
    4. 1993
    Answer

    C. 2023

    The Mediation Act is of 2023.

  16. Under Article 235, control over district judiciary vests in the

    1. Public Service Commission
    2. High Court
    3. Collector
    4. Governor alone
    Answer

    B. High Court

    Article 235 vests control in the High Court.

  17. Who appoints the officers and servants of a High Court?

    1. President
    2. Chief Minister
    3. Governor
    4. Chief Justice (or a judge he directs)
    Answer

    D. Chief Justice (or a judge he directs)

    Article 229 gives this power to the Chief Justice.

  18. Permanent Lok Adalats deal with

    1. Murder cases
    2. Land acquisition awards only
    3. Public utility services disputes
    4. Election petitions
    Answer

    C. Public utility services disputes

    They are for disputes about public utility services.

  19. Which offences can be taken up in a Lok Adalat?

    1. Only offences under special Acts
    2. Only compoundable offences
    3. Only murder
    4. All offences
    Answer

    B. Only compoundable offences

    Non-compoundable offences cannot be settled.

  20. Statement 1: Arbitration is decided by a neutral arbitrator who gives an award. Statement 2: In mediation, the mediator imposes the decision.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    A mediator only helps; the parties decide, so 2 is wrong.

  21. Statement 1: A Lok Adalat award can be appealed in the High Court as of right. Statement 2: A Lok Adalat can hear pre-litigation disputes.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    No appeal lies; pre-litigation matters are allowed.

  22. Statement 1: Free legal aid is a part of fair trial under Article 21. Statement 2: Article 39A is a Fundamental Right.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    Article 39A is a Directive Principle, so 2 is wrong.

  23. Statement 1: Legal services committees exist at taluk level. Statement 2: A High Court has a Legal Services Committee.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both levels exist in the structure.

  24. Statement 1: Accepting a small gift from a litigant is allowed. Statement 2: Confidential order contents may be revealed before pronouncement.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    D. Neither 1 nor 2

    Both are misconduct.

  25. Match the pair: Patron-in-Chief of a State Legal Services Authority is

    1. Chief Justice of the High Court
    2. Chief Minister
    3. Governor
    4. Advocate General
    Answer

    A. Chief Justice of the High Court

    The High Court's Chief Justice is Patron-in-Chief.

  26. Match the pair: Executive Chairman of SLSA is a

    1. Retired minister
    2. Registrar
    3. District Collector
    4. Serving High Court judge
    Answer

    D. Serving High Court judge

    A High Court judge is Executive Chairman.

  27. Match the pair: a pre-litigation matter in a Lok Adalat

    1. Attracts fee of the decree amount
    2. Attracts a stamp of 10 percent
    3. Attracts no court fee
    4. Attracts a heavy court fee
    Answer

    C. Attracts no court fee

    No court fee is charged for pre-litigation matters.

  28. Which of the following is the best example of a National Lok Adalat?

    1. A writ in the High Court
    2. A sitting held on one day across the country
    3. A tribunal order
    4. A trial in a sessions court
    Answer

    B. A sitting held on one day across the country

    National Lok Adalats are held on the same day everywhere.

  29. A court employee is offered a gift by a litigant on a festival. The proper action is to

    1. Refuse it and report if pressed
    2. Accept as a gift of goodwill
    3. Accept and share with colleagues
    4. Accept only if small
    Answer

    A. Refuse it and report if pressed

    Gifts from litigants are prohibited.

  30. The principle that an employee must be heard before punishment is called

    1. Mens rea
    2. Res judicata
    3. Stare decisis
    4. Natural justice
    Answer

    D. Natural justice

    Fair hearing is part of natural justice.

  31. A clerk reveals the content of a reserved order to a party before pronouncement. This is

    1. Breach of confidentiality and misconduct
    2. Allowed on request
    3. Helpful service
    4. Allowed for senior parties
    Answer

    A. Breach of confidentiality and misconduct

    Order contents must not be revealed.

  32. Which of the following is the correct sequence of disciplinary action?

    1. Inquiry, punishment, reply, charges
    2. Charges, reply, inquiry, decision
    3. Reply, charges, punishment, inquiry
    4. Punishment, charges, reply, inquiry
    Answer

    B. Charges, reply, inquiry, decision

    Charges are served, a reply is taken, an inquiry held, then a decision.

  33. Which of the following can be treated as misconduct of a court employee?

    1. Attending training
    2. Maintaining registers
    3. Submitting leave on time
    4. Acting as a tout
    Answer

    D. Acting as a tout

    Acting as a tout is misconduct.

  34. An accused in a sessions trial cannot afford a lawyer. The correct course is

    1. Trial proceeds without a lawyer
    2. Bail is granted automatically
    3. The State provides a lawyer at its cost
    4. The trial is dismissed
    Answer

    C. The State provides a lawyer at its cost

    Legal aid at State cost is available to a poor accused.

  35. A party agrees to settle a pending civil suit in a Lok Adalat. The suit is then

    1. Decided on merits by the judge
    2. Kept pending until the next year
    3. Closed with the award treated as a decree
    4. Sent for appeal
    Answer

    C. Closed with the award treated as a decree

    The settlement award has the force of a decree.

  36. Which kind of employee action is NOT a conduct breach?

    1. Absence without leave
    2. Taking part in banned political activity
    3. False statement about age
    4. Courteous service to the public
    Answer

    D. Courteous service to the public

    Courtesy is a duty.

  37. Panel lawyers working for legal services are paid by the

    1. Municipality
    2. Litigant
    3. Bar Council only
    4. Legal services authority
    Answer

    D. Legal services authority

    The authority pays the panel lawyer.

  38. Para-legal volunteers mainly

    1. Spread legal awareness and help access to legal aid
    2. Execute decrees
    3. Decide cases
    4. Issue warrants
    Answer

    A. Spread legal awareness and help access to legal aid

    They carry legal services to villages.

  39. An arbitral award can be set aside by a court only

    1. For any mistake of fact
    2. On narrow grounds given in the Act
    3. On request of any party
    4. Never
    Answer

    B. On narrow grounds given in the Act

    Grounds for setting aside are limited.

  40. Which of the following is NOT an aim of ADR?

    1. Friendly resolution
    2. Faster settlement
    3. Increasing pendency
    4. Lower cost
    Answer

    C. Increasing pendency

    ADR aims to reduce pendency, not increase it.

  41. The Chairman of a Taluk (Mandal) Legal Services Committee is generally a

    1. Bar Association head
    2. Senior civil judge of that area
    3. Police inspector
    4. Tahsildar
    Answer

    B. Senior civil judge of that area

    A judicial officer of the area chairs it.

  42. A conciliator differs from an arbitrator in that the conciliator

    1. Proposes terms for the parties to accept
    2. Never meets the parties
    3. Is always a judge
    4. Passes a binding award on his own
    Answer

    A. Proposes terms for the parties to accept

    The conciliator suggests terms; the parties decide.

  43. Which statement about legal aid is correct?

    1. It is available only to men
    2. It is a facility based on Article 39A and the 1987 Act
    3. It is available only in High Courts
    4. It is a favour from the State
    Answer

    B. It is a facility based on Article 39A and the 1987 Act

    It rests on Article 39A and the Act.

  44. A Permanent Lok Adalat may decide a dispute on merits when

    1. Both parties settle
    2. The parties fail to settle
    3. The case is time barred
    4. The matter is a murder
    Answer

    B. The parties fail to settle

    Unlike a normal Lok Adalat, it can decide on merits if no settlement.

  45. Which of the following best describes confidentiality in the court office?

    1. Not disclosing contents of files and pending orders
    2. Posting about cases online
    3. Sharing file details with friends
    4. Selling case information
    Answer

    A. Not disclosing contents of files and pending orders

    Court staff must not disclose official information.

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