Article 39-A of the constitution of india provides equal justice and free legal aid to the citizens of India. In view of the provisions of Art. 39-a, it is the constitutional obligation upon the state to provide true legal service to the citizen of India. To discharge the legal obligation of the State, the Legal Services Authority Act, 1987 has been enacted. The Act has been brought into force with effect from 9th November, 1995.
Need of involvement of the para legals in legal services:-
The sole object of the legal services is to educate, enlighten and create awareness among the people belonging to weaker sections of the society, and make them known and existence of legal rights and encourage the settlement of disputes by way of negotiations, arbitration and conciliation. In the semi-illiterate country like India, Government’s legal services Authority alone cannot perfom legal aid services effectively. Hence, the involvement of para legal is required to make legal services more effective and efficient. To achieve the real object of the Act, the provisions as to working in co-ordination with Government and non-government agencies, universities and other, who are engaged in the work of promoting the cause of legal services to poor, have been made in sec 5 of the legal services act. With the help of voluntary organisation,universities , law students, bar councils and public interest litigations, the obligation cast upon the state by the constitution, can be discharged, and hence in the case upon the state by the constitution, can be discharged, and hence in the case cited in AIR 1986 SC 1322 and AIR 1986 SC, our Apex court has observed that voluntary organisations and social action groups engaged in legal aid programmes must be encouraged and supported by the state. In the case cited in AIR 1982 SC 1473 , our supreme court has observed that public interest litigation in intended to bring justice within the reach of the poor masses. The involvement of bar council is absolutely necessary in implementing the legal Aid Scheme. The lawyers must reach out of these sections of humility, who are poor, illiterate and ignorant. In the case cited in AIR 1990 SC 2140, our supreme court has observed that it is the high time, the senior counsel practising in the Courts concerned should volunteer to defend indigent accused as a part of their professional duty.
Alternate dispute resolution method:-
In the civil matters , the resort of alternate dispute resolution method is obligatory for the courts as per sec 89 of civil procedure act of 1999. According to said section it is the duty of the court to make an attempt to settle the disputes between the parties amicably. Manimath Committee recommended to make it obligatory for the courts to refer the dispute after issues are framed, for settlement either to way of arbitration, conciliation, mediation, judicial settlement or through Lok Adalat. To resolve the dispute by alternative remedy, involvement of the para legals are necessary . In most of the talukas and districts, the permanent conciliation committees have been established with the help of NGOs and they are doing very good job. IN our state, so many Lok adalats are held with the help of para legal and disputes are settled between the parties amicably. By pre-litigation Lok adalat disputes , which are not entered in the courts can be settled.
The Rajasthan State Legal services Authority have also undertaken.
1.Legal Aid Committee for all the Courts in the State to give timely and free-legal assistance to the presons in custody.
2.Legal aid and advice to prisoners in jail.
3. Legal literacy and legal awareness camps.
4. Councilling centres for guiding the public on legal issues.
5.Legal aid clinics.
6.Legal aid to poor.
7. Legal aid to women and children, and
8. Members of Scheduled Castes and Schedulted Tribes.
To administer justice to the poor, for which the act has been enacted, the services of para-legal are necessary and without taking the services of para-legal services cannot be made more effectiv and efficient.
