A
REPORT SUBMITTED TO
DIBRUGARH UNIVERSITY
AS A PART OF THE PRACTICAL PAPER (0705)
(PUBLIC INTEREST LAWYERING, LEGAL AID AND PARA LEGAL
SERVICES)
In Partial Fulfillment of the
Seventh Semester, B.A.LL.B Course, 2009
B.A.LL.B. Degree, 2009.
Submitted by
Tezoswie Dowarah
7th Semester, Class Roll No. 09
Examination Roll No. D.U. 58/06
Registration No. 00829 of 2006-2007 of Dibrugarh University
Centre for Juridical Studies
Dibrugarh University
PREFACE
The Constitution of India and Other legislation provide various provisions related
with the public interest lawyering, legal aid and Para legal services. In this subject we are
to study about Public Interest Litigation, Legal Aid Services, Free Legal Aid, Legal
Literacy and Awareness, Law Office Management etc.
The whole study has been arranged into four chapters. The first chapter deals with
‗School Teaching Assignment‘. This chapter introduces various aspects of school teaching
such as origin, development, maxim of teaching, teaching devices, classroom methods of
teaching, assignment matter of school teaching.
The second chapter deals with the assignment of Lok Adalat. The chapter covers
the meaning, origin, characteristics, organization, fees, procedure, intake, award, power,
and importance of Lok Adalat, Permanent Lok Adalat, Lok Adalat Assignment.
The third chapter of the report deals with Law Office Management and practical
assignment on advocate‘s chamber attendance. The fourth chapter deals with legal
awareness camps campaigned by the Centre for Juridical Studies, Dibrugarh University.
An attempt has been made to explain the topics mentioned above clearly and to jot
down the experiences gathered from the field study.
I express my thankful gratitude to lecture Dinamoni Thakuria, lecture Baharul
Islam and lecture Deepom Baruah, of Centre for Juridical Studies, Dibrugarh University,
for their inspiration and guidance for carrying out the assignment properly. I offer my
special thanks to Advocate Jainuddin Ahmed, a practicing advocate and one of our guest
lecturers for sparing his office and helping us to do this work.
I also express my thanks to my family members and some of my friends who
helped me in each and every step towards the completion of the work.
Centre for Juridical Studies
Dibrugah University,
Dibrugarh.
TEZOSWIE DOWARAH
Student of Seventh Semester
CONTENTS
Page
Chapter- I
ASSIGNMENTON SCHOOL TEACHING
01-09
1.1
Introduction
01
1.2
Origin
01
1.3
Maxims of Teaching
02
1.4
Teaching Devices
03
1.5
Some Classroom methods of Teaching
03
1.6
Assignment Matter on School Teaching
04
1.7
Conclusion
09
Chapter- II
ASSIGNMENT ON LOK ADALAT
10-20
2.1
Introduction
10
2.2
Meaning
10
2.3
Origin
10
2.4
Characteristics of Lok Adalat
11
2.5
Organization
11
2.6
Fees
11
2.7
Procedure
12
2.8
Intake
12
2.9
Legislation pertaining to Lok Adalat
12
2.10
Finality of Lok Adalat Award
13
2.11
Power
13
2.12
Importance
14
2.13
Permanent Lok Adalat
14
2.14
Organization of Permanent Lok Adalat
14
2.15
Cognizance of cases of Permanent Lok Adalat
15
2.16
Procedure of Permanent Lok Adalat
15
2.17
Difference between Lok Adalat and Permanent Lok Adalat
16
page
2.18
Difference between Lok Adalat or Permanent Lok Adalat and Court
16
2.19
Lok Adalat Assignments
16
2.20
Conclusion
19
Chapter- III ASSIGNMENT ON LAW OFFICE MANAGEMENT
21-24
3.1
Introduction
21
3.2
Factors for Success in Legal Profession
21
3.3
Law Office Management
22
3.4
Practical Assignment on Advocate‘s Chamber Attendance
24
3.5
Conclusion
24
Chapter- IV ASSIGNMENT ON LEGAL AWARENESS CAMP
25-29
4.1
Introduction
25
4.2
Constitutional Provisions
25
4.3
Statutory Provisions
26
4.4
Legal Awareness
26
4.5
Objectives
27
4.6
Report on Legal Awareness Camp
27
4.7
Conclusion
29
CERTIFICATES
30-31
BIBLIOGRAPHY
32
CHAPTER- I
1.1 Introduction: ―There is nothing more inspiration than having a mind unfolds before
you. Let people, teach who have a calling. It is never just a job.‖ ---- Abraham Kaplan
One of the basic truths in education is that the quality of education depends largely
upon the quality of the teacher.
Teaching is not a mechanical process. It is an interest, exacting, challenging job.
Teaching is more than standing before a class and applying a few specific techniques. It is
not merely presenting text book information and then testing the student‘s ability to report
it: there is no magic formula for transforming knowledge from the teacher‘s mind to align
the pupil‘s.
Teaching is considered to be an art. Children are the raw material with which the
teacher has to deal. The teacher unconsciously designs the child entrusted to him. The
teacher has a purpose and he modifies the child accordingly.
Teaching is a sublime art. It is impossible to separate the teacher and teaching. The
teacher, in fact, mirrors himself into the child; he puts an indelible stamp on the young,
growing plastic mind of the child. The child generally takes after the teacher.
The modern teaching process stresses three fundamentals:
a) Emphasizing the learner
b) Guiding the learner
c) Promoting learner Development
Teaching, if highly developed, is an art and truly fine teacher is an artist. The art of
teaching calls for a high degree of flexibility, adoptability and nimbleness of mind that
goes for beyond the mechanical application of step by step procedure.
1.2
Origin
The history of education is the history of teaching and of learning, and the history
of what might be described as the curricula: what it is that is taught or learned.
Learning something new or news of some kind has been around forever. Education
has taken place in most communities since earliest times as each generation has sought to
pass on cultural and social values, traditions, morality, religion, knowledge and skills to
the next generation.
In pre-literate societies, education was achieved orally and through observation and
imitation. The young learned informally from their parents, extended family and kin. At
later stages of their lives, they received instruction of a more structured and formal nature,
imparted by people not necessarily related, in the context of initiation, religion or ritual.
With the development of writing, it became possible for stories, poetry,
knowledge, beliefs, and customs to be recorded and passed on more accurately to people
out of earshot and to future generations. In many societies, the spread of literacy was slow;
orality and illiteracy remained predominant for much of the population for centuries and
even millennia. Literacy in preindustrial societies was associated with civil administration,
law, long distance trade or commerce, and religion. A formal schooling in literacy was
often only available to a small part of the population, either at religious institutions or for
the wealthy who could afford to pay for their tutors. The earliest known universities, or
places of higher education, started teaching a millennium or more ago.
Universal education of all children in literacy has been a recent development, not
occurring in many countries until after 1850 Century. Even today, in some parts of the
world, literacy rates are below 60 per cent (for example, in Afghanistan, Pakistan,
Bangladesh and most of Africa).
Schools, colleges and universities have not been the only methods of formal
education and training. Many professions have additional training requirements, and in
Europe, from the middle Ages until recent times, the skills of a trade were not generally
learnt in a classroom, but rather by serving an apprenticeship.
1.3
Maxims of Teaching
There are some guidelines to the teacher for making teaching effective. They are
applicable in most of the lessons but the teacher should not be slave to them. He may
bring modifications in them in accordance with the nature of learner and teaching
situation. Some important maxims of teaching are--1) From known to unknown: The new knowledge should be based on the previous
knowledge.
2) From simple to complex: Simple is to be taught first. Simplicity and complexity
should be determined from the child‘s point of view.
3) From indefinite to definite: Vague and unsystematic ideas of the child should be
systematized and clarity is established.
4) From concrete to abstract: First the child should learn the concrete facts and
later on proceed towards the abstract.
5) From particular to general: Particular facts and examples should be presented to
the children before giving them general rules and principles.
6) From whole to parts: First whole is to be learnt then attention is diverted
towards its parts.
7) From analysis to synthesis: The whole is analyzed in units and then the
knowledge of these units is synthesized.
8) From empirical to rational: The rational in the child should be developed on the
basis of their experiences.
9) Follow inductive method: The inductive method is more psychological and
child‘s attention seeking. But both induction and deduction approaches are adopted by the
teacher.
10) Follow psychological sequence: The child should be taught in accordance with
his developmental cycle.
1.4
Teaching Devices
In order to achieve the purpose of causing, facilitating and promoting learning,
certain tricks commonly styled as devices of teaching are necessary.
There are two types of devices—artificial and natural. The artificial devices may
be such as oral communication through narration, exposition, explanation, description,
questioning, answering, and illustration etc. School visits celebration of festivals or other
audio-visual aids are natural devices where learning is a by-product of direct experiences.
The teacher can use both these device to get the best results.
1.5
Some classroom methods of Teaching
Methods form the most important link in the teaching learning chain. It is
necessary that teachers are fully conversant with then different methods of teaching to be
able to make the teaching interesting vital and living.
Corresponding to the requirements of different subjects, there are different
methods of teaching. The teacher may use different methods which may be as follows:
1) Telling method- It is a pedagogical device whereby the teacher makes a brief oral
presentation of some fact or concept of educational significance. Telling, as a method
should be used when it is not possible to elicit the information for the elements or to make
them active participants in the learning –process. It is an art which every teacher should
know.
2) Lecture method- It is a pedagogical method whereby the teacher formally delivers a
carefully planned expository address on some particular problem or topic. The teacher
should choose the occasions for his lectures with great care. It is always teacher to prepare
a synopsis of the lecture as it is useful both for teacher and taught. Lecture should make
extensive use of verbal imagery and other oral illustrations.
3) Discussion method- This is another useful method of teaching. A problem, an issue, a
situation in which there is a difference of opinion, is suitable for discussion method of
teaching. Discussion, in fact is an ordered process of collective decision making. There are
two types of discussion used in school—the informal and the formal. An informal
discussion is one which involves the free verbal interchange of the participants without
being governed by a pre-determined set of rules. A formal discussion is one which
proceeds in a predetermined manner, according to prescribed procedures. Formal
discussion may assume some such form as a debate, a symposium a penal or round table
discussion etc.
4) Demonstration method- This method involves the presentation of a pre-arranged series
of events to a group for their observation. This is accompanied by explanatory remarks.
This method is most commonly used in science and fine arts. It can be used in giving
information, training and knowledge. This method can open a student‘s eye to a new
world of understanding. It also shortens the time for learning and lengthens the memory of
facts and principles.
5) The problem method- In this method attempt is made to train the minds of the pupils by
confronting them with real problems and giving them the opportunity and freedom to
solve them. The major purpose of the problem as it is used in school is to afford training to
the pupils in thinking, in solving the problems mentally. Problem solving approach is
meaningful, developmental, sequential and based on the discovery of generalizations.
6) Assignment method- This method is generally advocated for teaching different subjects
to pupils in the higher class. The syllabus is spilt up into significant units or topics. Each
unit or topic, in its turn, is subdivided into learning assignments for pupils. The pupils are
usually required to prepare the assignments in writing. It is felt; written assignments help
in organization of knowledge, assimilation of facts and better preparation for examination.
7) Supervised study- It is another method of teaching for promoting optimum learning.
The main principle is the self-effort of the child, carried on independently in learning new
things under the supervision and guidance of the teacher. Supervised study is, in fact,
teaching the students how to study and giving their study efforts is a part of the class
period set aside for that purpose. It is a process of teaching pupils how to study by
studying with them and by giving individual help is a period set apart for study. The chief
aim of the method is to help the students acquire good study techniques and be efficient
learners.
1.6
Assignment Matter on School teaching
As a part of the School teaching Assignment and as advised and asked by the
lectures-in-charge of Centre for Juridical Studies; Dibrugarh University, we had gone to
meet the Principal of the Moran Higher Secondary School, on the 3rd September, 2009. I
stated the matter of School Teaching assignment as endorsed in syllabus prescribed for the
students of 7th Semester class of Juridical Studies of the University. I also submitted to the
Principal of the school, of the order of the concerned department of Dibrugarh University.
The Principal of Moran Higher Secondary School very sincerely heard from me
the related matter of Juridical Department of Dibrugarh University and allowed us to take
up teaching class and prescribed a suitable date i.e. on 12 September, 2009.
It was 10-15 a.m. on the 12 September, 2009, the hour of second period began,
after the first period. I was taken to class IX (B) by a senior teacher of the school. Entering
into the class I introduced myself before the pupils as a Student-Teacher; and asked the
students that I would teach upon the topic ‗The President of India‘.
Finding me as a new teacher, the pupils of the class very silently heard of my
words. I try, at first, to motivate the pupils on the teaching-subject concerned, for three
minutes. Thereafter, the whole matter of the teaching on concerned subject was explained
before the pupils. I asked a number of questions related to the subject concerned, the
pupils tried to give answers. Few numbers of pupils failed to give correct answers and I
explained again in brief of the concerned matter for those who could not get arrest the
knowledge of the Subject content. The pupils also put certain questions on the concerned
subject before me. I tried my best to answer those queries put by them. This action creates
an interest in which both the pupils and I interact with each other and the topic raised a
great interesting matter of discussion in which the whole class participated.
Thereafter, I served the pupils a number of questions as Home-Work.
Lastly, I bade good bye to the pupils of the class after the day‘s assignment of my
work performance.
A brief description of Moran Higher Secondary School
1. Name of the School:
Moran Higher Secondary School
2. Year of Establishment:
1940
3. Name of the Principal:
Mr. Rajib Kumar Borah.
4. Number of class:
From Class V to XII
5. Number of Teachers:
27
6. Number of students in Class IX (B): 64
Topic:
‘The President of India’
The term ‗executive‘ may be used in two senses:
a) In broad sense it includes the totality of all agencies and officials which are concerned
with the administration of the public affairs. It includes the King or President and the
Ministers and a host of subordinate officials.
b) Secondly, it refers to the heads of the governmental organization, including the
President or the King and the members of the cabinet.
In Presidential form of Government, the President is the real executive; he is the
head of the state as well as head of the executive. But, in Parliamentary form of
Government (e.g. U.K. or of India), the President is nominal executive and cabinet is the
real executive. President in India does everything on the advice of his ministers whose
advice is binding on him except a few exceptional circumstances.
Election of President
Qualification: According to the Article 58 of the Constitution of India, the person shall be
eligible for election as President, if he is a citizen of India, has been completed the age of
thirty-five years and is qualified for election as a member of the House of the People.
Manner of Election of President of India: According to Article 54, the President shall be
elected by the members of an electoral college consisting of the elected members of the
both house of parliament and the elected members of the Legislative Assemblies of the
States.
According to Article 55, election of the President is required to be held in
accordance with the system of proportional representation by means of the single
transferable vote. The voting of the President is requires to be by secret ballot. It has been
made clear that as far as practicable, there shall be uniformity in the scale of representation
of the different States at the election of the President.
According to Article 57, a person who holds or has held office of the President
shall be eligible for re-election to that office.
Term of Office of President: According to Article 56, the President shall hold office for a
period of five years from the date on which he enters upon his office.
Impeachment: According to Article 61, when a President is to be impeached for violation
of the Constitution. The charge shall be preferred by either House of Parliament. The
proposal to prefer such charge is contained in a resolution which has been moved after at
least fourteen days‘ notice in writing signed by not less than one-fourth of the total number
of members of the House has been gives of their intention of move the resolution and such
resolution has been passed by majority of not less than two-third of the total membership
of the House. When the charge is preferred by either Hose of Parliament, the other House
shall investigate the Charge or cause the charge to be investigated and the President shall
have the right to appear and to be represented at such investigation. If as a result of the
investigation a resolution is passed by a majority of not less than two-third of the total
membership of the House by which the charge was investigated or caused to be
investigated declaring that the charge preferred against the President has been sustained
such resolution shall have the effect of removing the President from his office as from the
date on which the resolution is so passed.
Powers and Function
The powers and functions of the President can be discussed under following
heading:
1. Legislative Power:
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
According to Article 103, if any question arises as to whether a member of either
House of Parliament has become to be disqualified or not then the question shall be
referred for the decision of the President and his decision shall be final.
Under Article 85, the President may from time to time prorogue the Houses or the
either House of Parliament and he may also dissolve the House of People.
Under Article 86, the President may address either House of Parliament or both
House assembled together and for that purpose require the attendance of members.
According to Article 87, the commencement of the first session after each general
election to the house of people and at the commencement of the first session of
each year, the President shall address both Houses of Parliament assembled
together and inform Parliament of the causes of its summons.
Under Article 111, a Bill becomes Act only when the President gives his assent to
it.
Under Article 117(1), for the introduction of Money Bills and amendments thereto,
the prior recommendation of the President is necessary.
According to Article 117(3), a Bill which if enacted and brought into operation
would involve expenditure from the Consolidated Fund of India shall not be passed
by either House of Parliament unless the President has recommended to that House
the consideration of the bill.
According to Article 3, for the introduction a Bill relating to formation of new
states or alteration of areas, boundaries or names of existing states, the prior
recommendation of the President is necessary.
According to Article 77(2), the President has conferred rule-making power. The
orders and other instruments made and executed in the name of the President shall
be authenticated in such manner as may be specified in rules to be made by the
President.
Article 123 empowers the President to promulgate Ordinance during recess of
Parliament. In T. Venkata Reddy v. State of A.P., (1985)3 SCC 198, the Court held
that besides the Ordinance making power of the President is exercised by him on
his satisfaction that circumstances exist which render it necessary for him to take
immediate action. The court cannot inquire into the reasons for his satisfaction or
the sufficiency of the reason for his satisfaction.
Under Article 200, the Governor is bound to reserve a Bill for consideration of the
President, if in his opinion it would in case it becomes law so derogate from the
powers of the High Court as to endanger the position which that Court is by the
Indian Constitution designed to fill.
According to Article 274, prior recommendation of the President is required for the
recommendation of a Bill or an amendment affecting taxation in which States are
interested.
According to Article 372 A, the President may by order make such adaption and
modification of the law whether by way of repeal or amendment as may be
necessary or expedient and any such adaption or modification shall not be
questioned in any court of law.
Executive Power
According to Article 53(1), the executive power of the Union shall be vested in the
President and shall be exercised by him either directly or through officers subordinates to
him in accordance with the Constitution.
I.
II.
III.
IV.
V.
VI.
As par the Article 75(1), the Prime Minister shall be appointed by the President
and other Minister shall be appointed by the President on the advice of the Prime
Minister.
According to Article 75(2), the Minister shall hold office during the pleasure of the
President. But, in this respect the President‘s discretion is very limited.
Under Article 78, it is the duty of the Prime Minister to furnish to the President the
information regarding the affairs of his government.
The President appoints various officials e.g. Attorney-General of India,
Comptroller and Auditor General of India, the members of the Finance
Commission, Chairman and other Members of the Union Public Service
Commission, Chief Election Commissioner, Special office for Scheduled Caste
and Schedule Tribes, Special Officer for Linguistic Minorities, Judges of the High
Courts and Supreme Court, Governor of the States. The President has power to
appoint Commission to investigate the condition of socially and educationally
backward classes within the territory of India. He may appoint Commission to
report on official language and may also appoint Commission to report on the
administration of the scheduled areas and the welfare of the scheduled tribes in the
States.
According to Article 53(2), the Supreme Command of the Defense Forces of the
Union shall be vested in the President and exercised thereof shall be regulated by
law.
The President of India represents India in International affairs. He appoints Indian
representatives and receives Ambassadors and other diplomatic representatives
from foreign countries. All treaties and International agreements are entered into
the name of the President.
Judicial Power
According to Article 124, the President plays important role in the appointment
and removal of the Judges of the High Courts and Supreme Court and also in transfer from
one High Court to another High Court.
I.
Article 72 empowers the President to grant pardons, respites etc. and to suspend,
remit or commute sentences in certain cases. This power has been given to the
President with the object to afford relief from undue harshness or evident mistake
in the operation or the enforcement of the criminal law.
Emergency Power
I.
National Emergency: Under Article 352, if the President is satisfied that a grave
emergency exists where by the security of India or of any part of the territory thereof is
threatened, whether by war or external aggression or armed rebellion, he may by
proclamation make a declaration to that effect in respect of the whole of India or such part
of the territory thereof as may be specified in the Proclamation.
II.
State Emergency: Article 356 makes provision with respect to the President‘s rule
in state. If the President, on receipt of a report from the Governor of the state or otherwise,
is satisfied that a situation has arisen in which the Government of the State cannot be
carried on in accordance with the provision of the Constitution, the President may by
proclamation declare the President‘s rule in the State.
III.
Financial Emergency: According to Article 360, if the President is satisfied that a
situation has arisen whereby the financial stability or credit of India or of any part of the
territory thereof is threatened, he may, by a Proclamation, make a declaration to that
effect.
IV.
According to Article 359, where a Proclamation of Emergency is in operation, the
President may by order declare that the right to move any Court for the enforcement of
such of the Fundamental Rights (except Articles 20 and 21) as may be mentioned in the
order and all proceedings pending in any court for the enforcement of the right so
mentioned shall remain suspended for the period during which the Proclamation of
Emergency is in force or for such shorter period as may be specified in the order. In
Attorney General for India v. Amritlal Prajivandas, (1994) 5 SCC 54, the Court held that
Article 359 empowers the President to suspend the enforcement of the Fundamental
Rights but does not empower him to suspend the Fundamental Rights themselves.
Questionnaires put by Students
1. What is the position of President in India?
2. Whether the President is bound by the advice given by Council of Ministers?
3. Whether President can dissolved Rajya Sabha or not?
1.7
Conclusion: A human being gathers a lot of knowledge and experience from the
works he had done in his life. As a human being I also gain a lot of experience as well as
knowledge from this practical work i.e. teaching practices in the Moran Higher Secondary
School.
From this practical Assignment, I got to know that it requires much dedication and
speaking skill on the part of the teacher and the kind of satisfaction, a teaches gets, when
the students understands well what he has taught.
At last, a thankful regards to our teachers for assigning us such an opportunity as
well as to the Principal and Teaching Staff of Moran Higher secondary School for help us
to fulfill our working performance.
CHAPTER- II
INTRODUCTION: The emergence of alternative dispute resolution has been one of
the most significant movements as a part of conflict management and judicial reform, and
it has become a global necessity. Lawyers, law students, law-makers and law interpreters
have started viewing disputes resolution in a different and divergent environmental light
and with many more alternatives to the litigation. While ADR is, now, envisioned and
ingrained in the conscience of the Bench and the Bar and is an integral segment of modern
practice.
2.1
2.2
MEANING
The concept of Lok Adalat (Peoples‘ Court) is an innovative Indian contribution to
the world jurisprudence. The institution of Lok Adalat in India, as the very name suggests,
means, People's Court. ‗Lok‘ stands for ‗people‘ and the vernacular meaning of the term
‗Adalat‘ is the court. The Lok Adalat is a system of Alternative Dispute Resolution
developed in India. India has had a long history of resolving disputes through the
mediation of village elders.
2.3
ORIGIN
There is considerable evidence that Alternative Dispute Resolution was widely
used in ancient India, Rome and Egypt for the settlement of varied disputes. Alternative
Dispute Resolution's growth has long been an integral part of world‘s landscape, reflecting
a sense that system of justice based on technical rules and procedures and formal
processes was inefficient, insufficient and incomplete response to the needs and
expectations of mankind.
India has a long tradition and history of such methods being practiced in the
society at grass roots level. These are called panchayat and in the legal terminology, these
are called arbitration. These are widely used in India for resolution of disputes both
commercial and non-commercial. Other alternative methods being used are Lok Adalat
(People's Court), where justice is dispensed summarily without too much emphasis on
legal technicalities. It has been proved to be a very effective alternative to litigate the
ancient concept of settlement of dispute through mediation, negotiation or through arbitral
process known as ‗Peoples‘ Court verdict‘ or decision of ‗Nyaya-Panch‘ is conceptualized
and institutionalized in the philosophy of Lok Adalat. Some people equate Lok Adalat to
conciliation or mediation; some treat it with negotiations and arbitration. Those who find it
different from all these, call it ‗Peoples‘ Court‘. It involves people who are directly or
indirectly affected by dispute resolution.
The salient features of this form of dispute resolution are participation,
accommodation, fairness, expectation, voluntariness, neighborliness, transparency,
efficiency and lack of animosity.
The concept of Lok Adalats was pushed back into oblivion in last few centuries
before independence and particularly during the British regime. Now, this concept has,
once again, been rejuvenated. It has, once again, become very popular and familiar
amongst litigants. This is the system which has deep roots in Indian legal history and its
close allegiance to the culture and perception of justice in Indian ethos. Experience has
shown that it is one of the very efficient and important Alternative Dispute Resolution
mechanisms and most suited to the Indian environment, culture and societal interests.
The system of Lok Adalats is an improvement on that and is based on the
principles of Mahatma Gandhi. Camps of Lok Adalats were started initially in Gujarat in
March 1982 and now it has been extended throughout the Country. The evolution of this
movement was a part of the strategy to relieve heavy burden on the Courts with pending
cases and to give relief to the litigants who were in a queue to get justice. The first Lok
Adalat was held on March 14, 1982 at Junagarh in Gujarat the land of Mahatma Gandhi.
2.4
Characteristics of Lok Adalat:
1.
It is a judicial institution developed by the people themselves for social justice.
2.
It settles litigation by negotiation, arbitration or conciliation.
3.
It is a dispute settlement agency.
4.
Lok Adalats are not alternative to the existing courts. They are only supplementary
to the courts.
5.
2.5
It does not have jurisdiction on matters related to non-compoundable offences.
Organisation:
Lok Adalat accepts the cases which could be settled by conciliation and
compromise and pending in the regular courts within their jurisdiction. This is a nonadversarial system, where by mock courts (called Lok Adalats) are held by the State
Authority, District Authority, Supreme Court Legal Services Committee, High Court
Legal Services Committee, or Taluk Legal Services Committee, periodically for
exercising such jurisdiction as they thinks fit (Section 19 of the Legal Services Authorities
Act, 1987).
1. The Lok Adalat is presided over by a sitting or retired judicial officer as the chairman,
2. Two other members, usually a member of legal profession or a person of repute who is
especially interested in the implementation of the Legal Services Schemes and
Programmes or social worker.
2.6
Fees:
There is no court fee and no rigid procedural requirement (i.e. no need to follow
process given by Civil Procedure Code or Evidence Act), which makes the process very
fast. If the case is already filed in the regular court, the fee paid will be refunded if the
dispute is settled at the Lok Adalat.
2.7
Procedure:
The procedural laws and the Evidence Act are not strictly followed while assessing
the merits of the claim by the Lok Adalat. Parties can directly interact with the judge,
which is not possible in regular courts.
2.8
Intake:
The most important factor to be considered while deciding the cases at the Lok
Adalat is the consent of both the parties. It cannot be forced on any party that the matter
has to be decided by the Lok Adalat. However, once the parties agree that the matter has to
be decided by the Lok Adalat, then any party cannot walk away from the decision of the
Lok Adalat. In several instances, the Supreme Court has held that if there was no consent
the award of the Lok Adalat is not executable and also if the parties fail to agree to get the
dispute resolved through Lok Adalat, the regular litigation process remains open for the
contesting parties.
The Supreme Court has also held that compromise implies some element of
accommodation on each side. It is not apt to describe it as total surrender.
A compromise is always bilateral and means mutual adjustment. Settlement is
termination of legal proceedings by mutual consent. If no compromise or settlement is or
could be arrived at, no order can be passed by the Lok Adalat.
2.9
Legislation pertaining to Lok Adalats
The advent of Legal Services Authorities Act, 1987 gave a statutory status to Lok
Adalats, pursuant to the constitutional mandate in Article 39-A of the Constitution of
India, contains various provisions for settlement of disputes through Lok Adalat. It is an
Act to constitute legal services authorities to provide free and competent legal services 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 organize Lok
Adalats to secure that the operation of the legal system promotes justice on a basis of
equal opportunity. Even before the enforcement of the Act, the concept of Lok Adalat has
been getting wide acceptance as People‘s Courts as the very name signifies. Settlement of
disputes at the hands of Panchayat Heads or tribal heads was in vogue since ancient times.
When statutory recognition had been given to Lok Adalat, it was specifically provided that
the award passed by the Lok Adalat formulating the terms of compromise will have the
force of decree of a court which can be executed as a civil court decree.
Lok Adalats can take cognizance of matters involving not only those persons who
are entitled to avail free legal services but of all other persons also, be they women, men,
or children and even institutions. Anyone, or more of the parties to a dispute can move an
application to the court where their matter may be pending, or even at pre-litigative stage,
for such matter being taken up in the Lok Adalat whereupon the Lok Adalat Bench
constituted for the purpose shall attempt to resolve the dispute by helping the parties to
arrive at an amicable solution and once it is successful in doing so, the award passed by it
shall be final which has as much force as a decree of a Civil Court obtained after due
contest.
2.10
Finality of Lok Adalat award
The focus in Lok Adalats is on compromise. When no compromise is reached, the
matter goes back to the court. However, if a compromise is reached, an award is made and
is binding on the parties. It is enforced as a decree of a civil court. An important aspect is
that the award is final and cannot be appealed, not even under Article 226 because it is a
judgment by consent.
All proceedings of a Lok Adalat are deemed to be judicial proceedings and every
Lok Adalat is deemed to be a Civil Court.
In one of the recent decisions, the Supreme Court of India has once again laid to
rest all such doubts. In unequivocal terms, the Court has held that award of the Lok Adalat
is as good as the decree of a Court. The award of the Lok Adalat is fictionally deemed to
be decrees of Court and therefore the courts have all the powers in relation thereto as it has
in relation to a decree passed by itself. This includes the powers to extend time in
appropriate cases. The award passed by the Lok Adalat is the decision of the court itself
though arrived at by the simpler method of conciliation instead of the process of
arguments in court.
In P.T. Thomas v. Thomas Job, A.I.R. 2005 S.C. 3575, the Supreme Court held that
award passed by Lok Adalat is order by the Lok Adalat under consent of the parties and
so, no appeal lies from award of Lok Adalat under Section 96(3) of C.P.C.
In Joti Sharma v. Rajinder Kumar, A.I.R. 2007 J. & K. 35, the Court has held that
award passed by the Lok Adalat is amendable to writ jurisdiction of the High Court.
However, the writ Court should exercise this jurisdiction sparingly and in exceptional
cases.
2.11
Power
Under Section 22 of the Legal Services Authorities Act, 1987 which makes
provisions in relation to the power of the Lok Adalat or Permanent Lok Adalat and it
provides that the Lok adalat or Permanent Lok Adalat shall, for the purposes of holding
any determination under this Act, have the same powers in a civil court under the Code of
Civil Procedure, 1908 while trying a suit respect of the following matters, namely:
a) Summoning and enforcing the attendance of any witness and examining him on
oath;
b) The discovery and production of any document;
c) The reception of evidence on affidavits;
d) The requitioning of any public record or document or copy of such record or
document from any court or office;
e) Such other matters as may be prescribed.
All proceedings before the Lok Adalat or Permanent Lok Adalat shall be deemed
to be judicial proceedings within the meaning of Section 193, 219 and 228 of the Indian
Penal Code and every Lok Adalat or permanent Lok Adalat shall be deemed to be a civil
Court for the purpose of Section 195 and Chapter XXVI of the Code of Criminal
Procedure, 1973.
In Moni Mathai v. Federal Bank Ltd, A.I.R. 2003 Kerala 164, the Court has made
it clear that the committees constituted under the Act are required to follow the procedure
prescribed under the Act, Rules and Regulation strictly. The duty of the Lok Adalat is not
to dispose of the cases somehow but settle case amicably. The Court has observed that the
Lok Adalats are bound to follow the principles of natural justice, equity, fair play and
other legal principles.
When only one of the parties to the dispute makes an application to the Court for
reference of the case to the Lok Adalat for settlement, even in such a situation the Court
shall refer the dispute to the Lok Adalat for settlement, but in this case the additional
requirement is that the Court should be prima facie satisfied that there are chances of such
settlement.
2.12
IMPORTANCE
1.
Judicial justice is much despised in our country by the common man because of the
ruinous cost of litigation, far too technical legal process, prolonged litigation and
inordinate delay in disposal of cases. The scheme is not only helpful to the parties, but also
to the overburdened Courts to achieve the constitutional goal of speedy disposal of the
cases. About 90% of the cases filed in the developed countries are settled mutually by
conciliation, mediation etc. and, as such, only 10% of the cases is decided by the Courts
there. In our country, which is developing, has unlike the developed countries, number of
Judges disproportionate to the cases filed and, hence, to alleviate the accumulation of
cases, the Lok Adalat is the need of the day
2.
This form of redress is needed for enabling the common people to ventilate their
grievances against the state agencies or against other citizens and to seek a just settlement
if possible.
3.
There are certain definite advantages of this institution.
4.
The parties are saved from extremely technical court procedures, which are
followed in a regular court.
5.
They are saved from protracted litigation, anxiety, bitterness apart from the saving
of expenses of court fees and other expenses, which they are likely to incur in future
litigations by way of further appeal etc.
6.
The organization of Lok Adalat is informal and flexible. Apart from some minimum
requirements in respect of procedures and approaches, the rest of the exercise is simple
and varied as the nature of the problems and the culture of the community demand.
2.13
Permanent Lok Adalat
In 2002, Parliament brought about certain amendments to the Legal Services
Authorities Act, 1987. The said amendment introduced Chapter VI-A with the caption
PRE LITIGATION CONCILIATION AND SETTLEMENT. Section 22-B envisages
establishment of "PERMANENT LOK ADALATS" at different places for considering the
cases in respect of Public Utility Services.
2.14
Organisation of Permanent Lok Adalat
a) A person who is, or has been a District Judge or additional District Judge or has held
judicial office higher in rank than that of a District judge, shall be the Chairman.
b) two other person having adequate experience in public utility service to be nominated
by the central Government, or as the case may be the State Authority, appointed by the
Central Authority or a, as the case may be the State Authority, establishing such
Permanent Lok Adalat and the other terms and conditions of the appointment of the
Chairman and other persons may be prescribed by the Central Government.
2.15
Cognizance of cases of Permanent Lok Adalat
If there is a dispute with respect to public utility service, as per Section 22-C(1)
any party to such a dispute can, before bringing it to a court of law for adjudication, make
an application to Permanent Lok Adalat for the settlement of that dispute. The only
limitation is that Permanent Lok Adalat shall not have jurisdiction to consider a dispute
relating to an offence not compoundable under any law or any matter where the value of
the property in dispute exceeds Rs 10 lakhs {Municipal Council, Tonk v Serva Seva
Sansthan, Tonk, A.I.R. 2004 Raj 96; Rita Kumari Shahu v Shyam Sundar Shahu, A.I.R.
2007 (DOC) 259 (Cal.)}. But the Central Government can, by an appropriate notification,
increase this limit. Once an application has been made to PLA Permanent Lok Adalat by
one party, no party to that application shall invoke the jurisdiction of any court in the same
dispute.
Section 22-C (3) provides that when an application is filed raising a dispute, the
parties shall be directed to file written statements with appropriate proof, including
documents and other evidence. Copies of documents produced and statements made by the
parties shall be given to each other. Thereafter Permanent Lok Adalat, under Section 22-C
(4) shall conduct conciliation proceedings between the parties to bring about an amicable
settlement to the dispute as it thinks appropriate taking into account the circumstances of
the cases.
It is the primary duty of Permanent Lok Adalat as per Section 22-C (5) while
conducting such conciliation proceedings, it is incumbent on the members of Permanent
Lok Adalat to assist the parties to reach an amicable settlement of the dispute in an
independent and impartial manner.
Under Section 22-C (6), the parties are also obliged to cooperate in good faith with
Permanent Lok Adalat.
According to the Section 22-C (7), if PLA is of the opinion that ‗there exist
elements of settlement in such proceedings, which may be acceptable to the parties‘, it
shall formulate the terms of possible settlement, communicate its observations to the
parties and if the parties agree, the settlement shall be signed and an award shall be passed
in terms of such settlement and copies of the award shall be furnished to the parties.
It is also provided in Section 22-C (8) that in cases where there exist elements of
settlement, but the parties fail to reach at an agreement, ‗the Permanent Lok Adalat shall,
if the dispute does not relate to any offence, decide the dispute‘.
2.16
Procedure of Permanent Lok Adalat ( Section 22-D)
The Permanent Lok Adalat conducts conciliation proceedings or deciding a dispute
on merit under the Act, and be guided by the principles of natural justice, objectivity, fair
play, equity and other principles of justice. They are not bound by the Code of Civil
Procedure, 1908 and the Indian Evidence Act, 1872.
According to the Section 22-E, every award of the Permanent Lok Adalat is
considered as final and binding on all the parties. It is deemed to be a decree of a civil
court and shall not be called in question in any original suit, application or execution
proceeding.
2.17
Difference between Lok Adalat and Permanent Lok Adalat
1. Any party to a dispute may make an application to the permanent Lok Adalat for
settlement of the dispute before the dispute is brought before any Court. There is no such
condition in relation to the Lok Adalat.
2. Permanent Lok Adalat has jurisdiction in respect of one or more public utility
service. Its jurisdiction is limited to the matter where the value of the property in dispute
does not exceed ten lakh rupees. There is no such limitation in relation to the Lok Adalat.
3. Lok Adalat can make award only when the parties arrive at compromise or
settlement. But as per Section 22-C (8) where the parties fail to reach at an agreement, the
Permanent Lok Adalat shall, if the dispute do not relate to any offence, decide the dispute.
4. Lok Adalat is temporary in nature, organized from time to time. But, Permanent
Lok Adalat is permanent in nature.
2.18
Difference between Lok Adalat or Permanent Lok Adalat and Court
1. Lok Adalat or Permanent Lok Adalat is supplementary to and not substitute for,
Court. The Court is the forum of deciding the dispute between the parties, on merit
according to law.
2. Lok Adalat or Permanent Lok Adalat does not have jurisdiction in respect of the
matter relating to an offence which is not compoundable in nature under any law. There is
no such limitation on the jurisdiction of the full fledged Court.
3. Lok Adalat or Permanent Lok Adalat is not court but but it is in the nature of
quassi-judicial body. It fools its own procedure in determining the dispute. It is not bound
to follow Civil Procedure Code, Criminal Procedure Code or Evidence Act, but bound to
observe the principles of natural justice. The Courts are bound to observe the provision of
Civil Procedure Code, Criminal Procedure Code or Evidence Act and follow the principles
of natural justice.
4. The Court consists of law experts but some of the member of Lok Adalat or
Permanent Lok Adalat may not be law experts.
2.19
Lok Adalat Assignments
In syllabus prescribed for the students of Seventh Semester class of Juridical
Studies of Dibrugarh University and as advised and asked by the of Centre for Juridical
Studies, Dibrugarh University, we had gone to Dibrugarh District and Session Judges‘
Court to acquire knowledge about Lok Adalat proceedings 29th August, 2009.
It was 10-00 a.m. on the 29th August, 2009, a proceeding was held on the office of
the Judicial Magistrate First Class. A. K. Baruah, Judicial Magistrate First Class
performed the role of conciliator of that particular proceeding. The case was related with
the Section 406 and 420 of Indian Penal Code, 1860. Name of the parties of the Case were
Sri Cheniram Nath v. Sri Atul Chandra Hazarika. Case no. was 157 C/09.
Another case was also held on that place, regarding the matter related with the
Section 177 and 196 of Motor Vehicle Act, 1988. Name of the parties of the case were
Ratan Kumar Gowala v. Prafulla Goswami and Case No. was 7931 MV/09.
In another place, a dispute related with the allocation of the shares of a Hindu joint
family was decided. The name of the parties of this case was Badan Konwar v.D. Konwar.
The proceedings brought before the Lok Adalat is considered as the process of
mediation in which the disputes are solved mutually and voluntarily by way of amicable
manner by both of the disputant parties. The 29th August, 2009 is considered as the
memorable date for us because in this date, we, the students of 7th semester, Centre for
juridical Studies, Dibrugarh University gain a lot of knowledge regarding, the process and
the cases dealt by Lok Adalat. It is essential for a student of legal studies to gather
knowledge on this particular matter which is helpful for their future prospect.
Example of cases dealt by Dibrugarh Legal Service Authority on 29th August, 2009
Case-I
C.R. Case No. -157 C/09.
Name of the parties of the Case:
Sri Cheniram Nath
v.
Sri Atul Chandra Hazarika
Nature of Case:
Criminal
Subject:
Section 406 (Punishment for criminal breach of trust) and
420 (Cheating and dishonestly inducing delivery of property) of
Indian Penal Code, 1860.
Facts of the case
In this case, the Complainant is the registered owner of a bus (Ashok Leyland,
Vehicle No. AS-01R-4393, Engine No. CV14236365, Chassis No. BVA-038358)
complained that the accused person was in -charge of a bus and he approached the
complainant to deliver the possession of the above mentioned vehicle to the complainant
on sale for the consideration price which is fixed at Rs. 6,00,000/- only, which was to be
paid to the complainant on or before 28/06/2007 to get his name registered immediately
after the reimbursement consideration amount and accordingly the complainant received
the amount and furnished him all the documents just to transfer the ownership of the
vehicle and to shift all the liabilities and other burden to the accused person.
The complainant delivered the possession of the vehicle to the accused person on
accepts of the full amount of consideration. Accordingly person also promised to clear the
Road Tax, Insurance Premium w.e.f. 28-08-2007 with a view of making free the
complainant from these liabilities as the owner of the vehicle.
The accused person is not showing any interest to fulfill the terms and conditions
of the agreement and as a result the complainant is to pay the entire amount arising out of
Road Tax, Insurance Premium and as a whole he has been suffering a that for not shifting
the burden from the complainant in spite of making many correspondence with the
accused person.
The accused person is playing a very dramatic role by enjoying the profit arising
out of the vehicle and on the other hand he has not been discharging his liabilities with an
intention to cheat the complainant for his wrongful gain. It appears from the behavior of
the accused person that the accused person is not interest to get his name registered in
respect of the Vehicle No. AS-01R-4393 by clearing the Road Tax, insurance Premium
and etc. and due to nonpayment of the Road Tax, Insurance Premium etc., he has caused
injury to the complainant for his own benefit.
The complainant person attempted to meet the accused person for several times,
but each and every time he has been avoiding the company of complainant in a very
fraudulent manner.
The accused person is misappropriating the property of the complainant in a very
deceitful manner and unless the above vehicle in question is recovered immediately from
the possession of the accused person by issuing search warrant under Section 93 of the
Code of Criminal Procedure, 1973, the complainant will suffer an irreparable loss and
money.
According to the facts the accused person is liable to be punished under Section
406 and 420 of Indian Penal Code, 1860. Therefore it was prayed by the complainant
before the court of Chief-Judicial-Magistrate, Dibrugarh District and Session Judge Court,
Dibrugarh to take cognizance of the offence under Section 93 of the Code of Criminal
Procedure, 1973 for recovery of the vehicle (Bus), Registered No. AS-01R-4393 from the
possession of the accused person immediately for the sake of Justice.
Case-II
Name of the parties of the Case:
Badan Konwar
v.
D. Konwar
Facts of the Case
The case of the plaintiff is that the plaintiff and the defendant are members of a
Hindu joint family have an ancestral property. One such immovable property was acquired
by Airport Authority of India and compensation thereon was paid to the defendant. The
defendant took the entire share of compensation without allocating 5/6 of the share
compensation amount to the plaintiff. Hence, he suits for receiving 5/6 compensation
amount.
The case of the defendant is that the joint family has many properties and the
plaintiff has been allotted their shares in the other property. The compensation amount
paid in this particular property by Airport Authority belongs to solely to the defendant and
he is entitled to the entire compensation amount and not 1/6 compensation amount as
claim by the plaintiff.
The day, 29th August, 2009 was fixed for plaintiff evidence and cross examination.
Accordingly, the plaintiff has filed evidence by affidavit and he was cross examines as
plaintiff witness no. 1 by the defendant advocate for the defendant. Next day is fixed for
further evidence of plaintiff.
Case-III
Case No. -7931 MV/09
Name of the parties of the Case:
Ratan Kumar Gowala
v.
Prafulla Goswami
Non FIR Case No. 07/08 (Police Thana, Khowang)
Under Section 177 and 196 of Motor Vehicle Act, 1988
Section 177- General provision for punishment of offences – Whoever contravenes any
provision of this Act or of any rule, regulation or notification made there under shall, if no
penalty is provided for the offence, be punishable for the first offence, with fine which
may extend to one hundred rupees, and for any second or subsequent offence with fine
which may extend to three hundred rupees.
Section 196- Driving uninsured vehicle- Whoever drives a motor vehicle or causes or
allows a motor vehicle to be driven in contravention of the provisions of section 146 shall
be punishable with imprisonment which may extend to three months, or with fine which
may extend to one thousand rupees, or with both.
Order: He (Accused) is pleaded guilty in this case and accordingly he is committed under
Section 177 and 196 of Motor vehicle Act, 1988 and he is sentenced to pay a fine of Rs.
50/- under Section 177 of Motor Vehicle act, 1988 in default, simple imprisonment to jail
for 2 days and Rs. 100 under Section 196 of Motor Vehicle Act, 1988 in default, Simple
imprisonment for 3 days.
2.20
Conclusion
In every kind of civilization, pursuit of justice is instinctive, it is, in fact, a basic
and primordial instinct in every human being; it is an individual, as well as, societal
instinct and every society strives or aspires to attain it through its legal system. The degree
of perfection attained by legal system may be measured by the extent to which it exists in
good instinct for justice system to express itself and to find its fulfillment.
Law and system of justice are not like antiques to be taken down, dusted, admired
and put back on the shelf, but they are rather like a vigorous tree which has its roots in
history and takes on new graft, puts out new sprouts and occasionally drops dead wood. It
is a dynamic instrument fashioned for the purpose of achieving ameliorative and
harmonious adjustment, and settlement of disputes arising out of human relations by
eliminating social tensions and conflicts and it must, therefore, change with changing
socio-economic conditions.
Law and system should be stable, but not standstill. There is nothing permanent
except "CHANGE". It is equally true nothing static would survive long. The duty of
justice transcends all other considerations and is of paramount importance and overriding.
The concept of Lok Adalat is no longer an experiment in India, but it is an
effective and efficient, pioneering and palliative alternative mode of dispute settlement
which is accepted as a viable, economic, efficient, informal, expeditious form of resolution
of disputes. It is a hybrid or admixture of mediation, negotiation, arbitration and
participation. It revolves round the principle of creating awareness amongst the disputants
to the effect that their welfare and interest, really, lies in arriving, at amicable, immediate,
consensual and peaceful settlement of the disputes.
Let me conclude with a sound but an imperative caveat that we must be ever
mindful that "Yesterday is not ours to recover, but tomorrow is ours to win or lose", and,
therefore, let us get together, stand united, and strengthen our Bench and Bar irrevocable
unique partnership and make collaborative, concerted, cooperative, creative, collective and
cohesive endeavours in popularizing, proliferating and pioneering, concept and philosophy
of important institution - alternative dispute resolution mechanism - so as to strengthen our
pluralistic democratic values, rule of law and thereby invigorate the commandment,
"Justice shall never be rationed". Let us therefore make all efforts to advance and
strengthen "equal access to justice", the heart of the Constitution of India, a reality.
CHAPTER- III
3.1
Introduction: The legal profession is overcrowded and full time attention and
proper office management are necessary for getting success in the profession. Hard work,
devotion and good dealing with the client will enable him to compete with the senior
lawyers having vast experience and reputation. A should pay full attention to the law
office management.
3.2
Factors for Success in Legal Profession
It is often said that the legal profession has no future in present day. This job is
only done by those who do not get other service or engagement. But this view is incorrect
in respect of those person who is hard working and devoted to law has a bright future.
When a person after getting the degree of Bachelor of Law enters into the legal profession
finds the giants in the profession having vast experience as his competitors and become
nervous. In such conditions, he should always remember that the hard work, devotion and
good dealing with the client and Judges will enable him to compete with the senior
lawyers having vast experience and good reputation.
He should give full attention to his profession. He should see how the senior
advocates conduct the cases. The class room study provides only theoretical knowledge of
law and a good background for the legal profession, but for the success in the legal
profession a careful observation of the proceedings in the Court is necessary. The
experience will enable him to understand not only the law but also the nature of Judges
and citation of relevant rulings and also the art of convincing the Judges by his arguments.
Actually good command over the language, good voice, and good power of
expression, good knowledge of the law, good common sense, good presence of mind and
good health all help a lawyer to become a successful lawyer. In addition, the control over
temper is also necessary for becoming a popular and successful lawyer.
For success in the legal profession an advocate should have acquaintance with the
human nature, human motives and human mind. He should be able to understand the judge
and his nature. He should try to win the confidence of the judge. For this purpose, he
should behave decently and should never attempt to misguide the Court. He should create
an impression in the mind of the judge that he is assisting the Court in arriving at the
correct decision and not merely trying to win the case in any manner and any cost.
For success in the advocacy profession an advocate must be fully aware of drafting
the plaint and written statement and art of arguing the case and of cross-examination etc.
he should also be aware in art of dealing with the client. Negotiation, counseling and
Office Management all plays important role in success of advocacy profession.
Besides, the maintenance of good library, good staff and knowledge of use of computer
etc. are also are helpful for success in the advocacy profession.
3.3
Law Office Management
Advocate Chamber and process of dealing with the cases
After passing LL.B examination, a license shall have to be obtaining from the State
Bar Council to start the legal profession in district of the state. After getting the license, a
senior have to be engaged for taking his guidance in legal profession.
As per direction of the senior, his chamber shall have to be attend regularly
including the Sunday and holidays.
An advocate should maintain a good chamber and office so that he may have
reasonable contact with his clients. He should be quick in communicating relevant
information to his client. The first task after joining the profession a lawyer shall have to
follow his senior as to how he sits in his chamber, how many times he devotes in his
chamber and how he deals with his client.
Maximum daily four hours is required for a junior to attend his senior‘s chamber
and during this period a junior shall have to go through the brief of the cases handled by
his senior.
The senior regularly prepared the cases for the next succeeding date and finds out
the ruling from the law journal and the law books for referring the same into the court with
his particular case.
As the senior chamber is regarded as an industry the plaint, written statement,
adjournment petition and other required petition are draft in the chamber and the office of
the chamber. Prior to drafting of any plaint and petition or written statement, the brief
statement of the concerning clients‘ cases are recorded and accordingly the particular law
is find out to give defense thereof.
In order to file a case in court, same formalities are to be observed in accordance
with the provision of Civil Procedure Code if the matter is related with civil, Criminal
Procedure Code if the matter is related with criminal, labour and industrial Law if the
matter is related with industrial Dispute and thereafter the plaintiff is required to pay court
fees considering value of the suit according to Indian Court Fees Act. After filing the suit,
registered number of the suit is maintained by the advocate in his advocate diary for
necessary steps and to deal with case on the date fixed. The advocate is required to charge
their advocate fee as per the Advocates Act.
Library
So far the senior is an industry, volumes of books, law journal and other law
related books are arranged in his chamber which is known as Advocate Library. The books
are the basis of the legal profession. The law reports enable him to have the knowledge of
the judicial decisions and views of the courts on different issues relating to different laws.
The reference books are necessary for the knowledge of the statutory laws. Therefore,
there should be reference books, law reports and bare Act in the personal library of the
advocate. These books will help the advocate to know the law and precedents.
Citation of relevant cases plays an important role in winning the case and
therefore, an advocate should know all the relevant cases on the point involved in the case.
He must keep in mind the past decisions, the law laid down in the cases and also facts on
which the law has been laid down. An advocate should always keep in mind that his
opponent may cite the precedent in favour of his client and therefore, he should always
be prepared to face such a situation and he can meet such a situation successfully if he
himself knows fully the precedent on the issues involved in the case.
Many statutes have been amended from time to time; the lawyers must be
acquainted with the latest amendments. It is risky to refer to old editions of books or
statute law, the advocate has to present the case of his client in the best light and thereby
help the court to arrive at the correct decision.
The precedents, thus, plays important role in winning the case but it should be
cited after stating and explaining the relevant statutory provisions. It is better to state and
explain the relevant statutory provisions and thereafter give reasons including the
judicial decisions in support of the interpretation adopted. The full report of the case
should be thoroughly studied to get the principles of law laid down in the case. He
should cite the latest authority on the particular point he wants to press. An advocate is
expected that he should cogently and correctly enunciate and expound the law and refer to
the volume; number and page on which he wants to rely for his proposition of law.
For this purpose a good personal library is necessary. The reference books should
be alphabetically arranged and journals and law reports should be arranged year-wise. For
example, following important law books are required by an advocate to handle the cases of
his client i.e. Criminal Procedure code, Civil Procedure Code, Labour Law, Land Laws,
Service and Disciplinary Law books, Information Technology Act, Forensic Science in
Crime Investigation, Banking Law journal etc.
Beside these law books some important law journal are required for deal with the
cases i.e. All India Reporter, a monthly law journal publishes from Nagpur, All India
Cases publishes from Allahabad, Civil code Manual publishes from Allahabad, Criminal
Law Journal publishes from Nagpur, Banking Law Journal, Guwahati Law Journal,
Guwahati Law reports, Guwahati Law Decision, Guwahati law Times are the Statemonthly journal publishes from Guwahati where the decisions of the Gauhati High Court
are contained.
Thus, the maintenance of good library plays important role in becoming a
successful Advocate, therefore, he should pay full attention thereto.
Staff
A chamber of a senior is consisted of these volumes of books with index register
and he always assisted by a clerk, for his day to day official work, besides the juniors who
regularly attend the chamber who used to write the attendance of the cases take dictation
in case of petition.
Use of Telephone, typewriter, internet and computer
Now-a-days typewriter, telephone, computer and internet play significant role in
the advocacy profession. The plaint, briefs, arguments and notes, etc. may be typed.
Besides, the telephone saves the time of the advocates and enables him to have
a direct contact with his client. Sometimes the information as to the client's case are
required to be communicated to him quickly, in such condition the telephone proves
very useful.
Now-a-days internet facilities are available. A proper use of the connection of
internet will enable the advocate in collection of legal materials useful in advocacy
profession. It is better for an advocate to have internet connection.
Besides, the use of computer is also beneficial in various ways. It may be useful
as a typewriter. The pleading, briefs, points of argument, questions to be arises during
cross-examination etc. may be typed by the computer. The information received by
the client may be stored in the computer. He can also feed the relevant cases in the
computer and can find quickly at any time he needs them.
The compact discs (CDs) and VCDs are now-a-days, used for knowing the
statutory laws and precedents. In addition to other benefits, it will also save the space of
advocate‘s room as the CDs and VCDs can be stored in a small almirah.
The advocate may be advised to learn the use of computer and for this purpose
they may join the institution imparting the education as to the handling and using the
computer.
Practical Assignment on Advocate’s Chamber Attendance
3.4
1.
Advocate‘s Name: Md. Jainuddin Ahmed.
2.
Date of Joining in this Profession: 10 March, 1987 (under Senior Advocate Late
Brajanath Goswami, Chiring Chapori, Dibrugarh and practiced under him till death
i.e. the year 2000)
3.
He has collected about five lakh rupees of books till now.
The chamber which have attended have learned that the senior used to sit in the
chamber from 7 a.m. to 10 a.m. in the morning and 7 p.m. to 11:30 p.m. to complete legal
work, hearing of the next day etc.
In the said chamber are have observed, the senior is using the computer whose all
the data of the cases, references of the important ruling, references of the suit in his hand
are preserved in order to quick finding out the required information. Beside that interest
law website i.e. www.AIRwebworld.com is used to find out the latest ruling and decision
of the Supreme Court of India as well as the other high Courts of different States of India.
3.5
Conclusion
Visiting to the said chamber we have collected a lot of information related with the
law office management as well as the duties of a new comer on the line of juridical
studies. I also express my thankful gratitude to Advocate Jainuddin Ahmed for his kind
cooperation to us sparing his valuable times.
CHAPTER- I
Introduction: Legal Aid implies giving free legal services to the poor and needy
person who cannot afford the services of a lawyer for the conduct of a case or a legal
proceeding in any court, tribunal or before an authority. The Object of legal aid is to
ensure equal justice. Legal aid is provided to ensure that the opportunities for securing
justice are not denied to any person by reason of poverty, illiteracy, etc.
4.1
The earliest Legal Aid movement appears to be of the year 1851 when some
enactment was introduced in France for providing legal assistance to the indigent. In
Britain, the history of the organized efforts on the part of the State to provide legal
services to the poor and needy dates back to 1944, when Lord Chancellor, Viscount Simon
appointed Rushcliffe Committee to enquire about the facilities existing in England and
Wales for giving legal advice to the poor and to make recommendations as appear to be
desirable for ensuring that persons in need of legal advice are provided the same by the
State.
4.2
Constitutional Provisions
The Preamble of the Constitution and Article 14, give much emphasis on the equal
justice. For the maintenance of equal justice in real sense every person should have
opportunity to seek justice. The economic inequality sometimes prevents a poor person to
seek justice. In such condition the free legal aid to poor and weak persons is necessary for
the maintenance of equal justice in real sense.
Article 39A of the Constitution of India provides that 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 by reason of
economic or other disability. Articles 14 and 22(1) also make it obligatory for the State to
ensure equality before law and a legal system which promotes justice on a basis of equal
opportunity to all. Legal aid strives to ensure that constitutional pledge is fulfilled in its
letter and spirit and equal justice is made available to the poor, downtrodden and weaker
sections of the society. Section 304, Criminal Procedure Code: The Constitutional duty to
provide legal aid arises from the time the accused is produced before the Magistrate for the
first time and continues whenever he is produced for remand.
In the case Khatri & Others v. State of Bihar & others, A.I.R. 1981 S.C. 928, the
Supreme Court held that Right to free legal aid, just, fail and reasonable procedures is a
fundamental right. It is elementary that the jeopardy to his personal liberty arises as soon
as the person is arrested and is produced before a magistrate for it is at this stage that he
gets the first opportunity to apply for bail and obtain his release as also to resist remain to
police or jail custody. This is the stage at which and accused person needs competent legal
advice and representation. No procedure can be said to be just, fair and reasonable which
denies legal advice representation to the accused at this stage. Thus, state is under a
constitutional obligation to provide free to aid to the accused not only at the stage of.
Every individual of the society are entitled as a matter of prerogative.
4.3
1.
Statutory Provisions
The Criminal Procedure Code:
Section 304(1) of Criminal Procedure Code, 1973 lays down that when accused
facing a trial. Concept of free legal aid scheme under legal services Authority. Act is only
when accused facing trial in court. When person is very poor, then he can get legal aid. In
the absence of lawyer, the entire trial becomes vitiated and then case to be remanded back
to the trial court. Court ask the accused, whether he has services to engage a lawyer or not.
If not, the court is bound to give him lawyer from the bar, who should be well versed with
the law and to be get paid by State Govt. Court cannot sympathize with a lawyer. Lawyer
must be a competent one.
Section 304(2) of Criminal Procedure Code, 1973 provides that High Court may
with the approval of the State Government make rules for the mode of selecting pleaders
for defense.
The Civil Procedure Code:
Order XXXIII, Rule 17, Civil Procedure Code: - Suit by or against an indigent
person. When a plaint along with petition filed, that person unable to avail services of a
lawyer, then court exempts him from court fees.
In the case State of Haryana v. Darshana Devi, the Court said that the poor shall
not be priced out of the justice market by insistence on court-fee and refusal to apply the
exemptive provisions of Order XXXIII, Civil Procedure Code. The state of Haryana,
mindless of the mandate of equal justice to the indigent under the magna carta of republic,
expressed in Article 14 and stressed in Article 39A of the constitution, has sought leave to
appeal against the order of the high court which has rightly extended the 'pauper'
provisions to auto-accident claims. Order XXXIII will apply to tribunals, which have the
trappings of the civil court.
Civil procedure code, 1908 - Order XXXIII, Rule 9A - it is a public duty of each
great branch of government to obey the rule of law and uphold the tryst with the
constitution by making rules to effectuate legislation meant to help the poor.
2.
4.4
Legal Awareness
The main objective of the Legal Awareness is to expand basic legal literacy
among the people by giving legal education about the rights, benefits, privileges
guaranteed by social welfare legislation and other enactments. On this very aspect, the day
9th November is celebrated as ‗Legal Awareness Day‘ in every year.
There is a general lack of awareness regarding the details of various poverty
alienation program and rural development schemes which is causing deprivation of
legislative benefits to the larger community of rural population.
One of the important functions of the Legal Services Authority is to encourage and
organize legal aid camps especially in the rural areas or labour colonies with the dual
purpose of educating the weaker section of the society as to their rights as well as
encouraging the settlement of dispute through Lok Adalat.
4.5
4.6
Objectives:
To impart practical knowledge about the basic legal rights and remedies provided
under various women related laws, thereby making them fit to face the challenges
in real life situations.
The various machineries/organs of the Justice delivery system available for
redressal of their problems/grievances.
The procedure of approaching and utilizing various channels available for the
redressal of grievances i.e. the Police, the Executive and the Judiciary.
The role of Courts in achieving gender equality, most importantly the concept of
Public Interest Litigation.
The role of District Legal Service Authority, Free Legal Aid and Lok Adalats.
Report on Legal Awareness Camp
As a law student, we are to realize the need of legal awareness among the common
masses and to meet this need a Socio-Legal Awareness Camp was organized on 15th
November, 2009 by the Law Student Forum of Centre for Juridical Studies, Dibrugarh
University at Kodomoni Prathamik Vidyalaya, Molokhubosha, Bairagi Math, Dibrugarh.
The school was established in 1924.
For this program, Ashim Dutta, Senior Advocate; and M. Hussain Borbhuyan,
Munsif No. 01 of Dibrugarh District and Session Judges‘ Court were invited as guest of
honour.
They gave their valuable speech regarding various legal provisions of welfare
enactments.
The Senior Advocate Ashim Dutta, in his speech mentioned about the
object of Legal Awareness and Legal Aid and that free legal aid which is available to
persons whose annual income is less than Rs. 50,000. The lecture delivered by him
consisted of the process of filing a complaint, the offence related with marriage (Section
493-498 of Indian Penal Code), and the person who are entitled to claim maintenance
(Section 125 of Criminal Procedure Code), Domestic Violence Act etc.
Munsif No. 01, M. Hussain Borbhuyan, in his words speaks about the
rights and privileges conferred by the Constitution of India to the persons and the citizens
through the Article 14 and 21 and other Articles respectively. He also spoke of free legal
aid‘s availability to person whose annual income is less than Rs. 50,000. Here again, he
mentioned that, recently it has been increased to Rs. 75,000. The Assistant Session Judge
is the Secretary of the free legal aid Committee who will propose a name of the Advocate
and all the expresses will be taken by the Government. In his lecture, following points can
be noted down:
1) Police Atrocities: the police officer has to make the person or his family
members aware of the crime for which the person is arrested by giving a notice
with registration number.
Under Section 154 of Criminal Procedure Code: The police officer is bound to
register the case in case of cognizable offence.
A reasonable and satisfactory explanation is to be given for the delay in filing
FIR (First Information Report).
2) On 22nd November, 1999, National Human Right Commission passed an order
that after three months if a police officer does not give a Charge-Sheet, he shall
be liable.
3) Women Law: If husband, family members of the husband tortures a woman,
they will be liable. But, there is no such law for men‘s protection.
4) He asked the law students to be a lawyer and not an advocate because lawyer
learns law.
5) Right to Information Act: In every department, school, medical, Municipality
etc. anybody can apply through an application with an expense of only Rs. 10,
for getting information about any concerned topic. If the authority does not
give such information, within a specified time, then Rs. 250 per day will be
deduced from his monthly salary.
6) National Rural Employment Guarantee Scheme: Every unsettled unemployed
person will be given Rs. 100 per day.
7) Law speaks not only of rights but also of duties.
Justice Verma Commission, 1989—A report of 54 pages was submitted. A
teacher should take an oath that he will come in time and will not leave unless
his duty is over; but unfortunately it has not been implemented yet.
At conclusion of his speech, he requested all the section of the society to take
part effectively for implementation of legal awareness program as well as
protection of their rights and privileges conferred by various Statutes.
After that, we were to ask the people present there whether they had any legal
problems. Personally approached a woman named Tukheswari Gogoi, she was a widow.
Her problem was that no Jamabandi was issued to her name even after being applied for
many times. I informed her to remain in the program where our Chief Guest will give
them guidelines and advice relating to their problems.
Some of the problems, the solution of which was being seek by the people gathered there
are—
i) A family was a victim of land slide and was displaced. Government allotted
land to them. Her husband was died. She has been applying for patta, but yet
not given.
Advice given: Land Advisory Board sits for one or two years. If there is
regular petition asking for patta then it go to Guwahati where the problem will
be sent to Central Advisory Board.
ii) The next problem was— The Government had allotted a land to a woman
and again allotted the same land to another person.
Advice given: They advised her to settle it between the two parties.
At the end then we bade good-bye to our Chief-Guests and our teaching staff. After
all this, we moved towards our home at around 3:30 p.m.
4.7 Conclusion: With the participation of people in the legal awareness program, it is
hoped there will be co-ordinate effort between the legal service authorities, NonGovernmental Organization, universities, law colleges, Bar Council, Advocate
Associations, social workers and other organizing bodies in the work of promoting of the
legal service to the poor. The legal awareness programs as well as legal aid camps are to
be organized specially in the rural areas or backward areas.
Legal awareness program also intent to undertake services of workshops, seminar,
refresher and orientation program for law students, law teachers, lawyers, judges,
bureaucrats, nongovernmental organizations, law enforcement agencies and other legal aid
functionaries and official to fulfill its obligation to reach the legal knowledge to all level of
society and provide continue education to the needy and deserving section of the society to
reach social justice. Therefore, the Legal Aid Program creates opportunities to serve the
poor people by providing them more easily asses to justice.
However, just enacting the law cannot be effective unless it is put into action by
citizen. Thus, legal knowledge is beneficial not only for those who wish to take law as
profession but also for those who wish to be a responsible and enlightened citizen of
nation.
OFFICE OF THE PRINCIPAL
MORAN HIGHER SECONDARY SCHOOL
MORANHAT, ASSAM
To Whom It May Concern
This is to certify that Sri Tezoswie Dowarah, Roll No. 09 of 7th Semester has
completed his School Teaching Assignment on the topic “President of India” in our
school on 12th September, 09. His performance is found to be satisfactory.
I wish his all success in life.
JAINUDDIN AHMED, M.Com, LL.B., Advocate.
BAR ASSOCIATION; DIBRUGARH.
To Whom It May Concern
This is to certify that Shri Tezoswie Dowarah, Roll No. 09, Seventh Semester,
Centre for Juridical Studies, Dibrugarh University, has completed his Law Office
Management Assignment as a part of his practical paper 'Public Interest Lawyering, Legal
Aid and Para Legal Services' in my chamber on 20l September, 2009. His performance is
found to be satisfactory.
I wish him all success in future.
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Prof. Rai Kailash, (2005): The Constitutional Law of India, Central Law
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Shukla V. N., (10th Edition): The Constitution of India, Eastern Book Company.
Jain M. P., (2003): Indian Constitutional Law, Wadhwa & Company, Nagpur.
Sirohi J. P.: Public Interest Lawyering , Legal Aid and Para Legal Services,
Allahabad Law Agency, Allahabad.
Dr. Rai Kailash., (5th edition, 2008): Public Interest Lawyering , Legal Aid and
Para Legal Services, Central Law Publication, Allahabad.
Kochhar S. K., (1985): Methods and Techniques of Teaching, Sterling Publishers
Pvt. Ltd.
Iain Campbell., What Every Good Lawyer Should Know, Universal Publication.
Dr. Paranjape., (10th Edition): Arbitration and Alternative Dispute Resolution,
Central Law Agency.
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