2019

Q1. Who can file Public Interest Litigation?

Ans. Public interest Litigation (PIL) means litigation filed in a court
of law, for the protection of “Public Interest”. Any citizen can file a
public case by filing a petition.
Q2. The first case filed under PIL was in India.
Ans. Hussainara Khatoon vs. State of Bihar (1979) that focused on the
inhuman conditions of prisons and under trial prisoners that led to the
release of more than 40,000 under trial prisoners.

Q3. Full form of NALSA.

Ans. The National Legal Services Authority (NALSA)

Q4. Who is Patron-in-Cheif of NALSA.

Ans. Chief justice Of India
Q5. Lok Adalat are created under which Article?
Ans. Article 39A.
Q6. What Law Governs a Public Interest Litigation?
Ans.

Q7. The concept of PIL originated in ?

Ans. The United States of America in 1980s.

Q8. In which date The legal services authorities Act was enacted ?
Ans. 11/10/1987
Q9. Who are the founder of PIL in India?
Ans. Justice P. N. Bhagwati
Q.10 which article deals with right to Elementary Education?
Ans. Under Article 21A of the Indian Constitution says free and
compulsory education for children between the age of 6 to 14 years.

2018
Q1. What is PIL?
Ans. Public interest Litigation (PIL) means litigation filed in a court
of law, for the protection of “Public Interest”.
Q2. Explain Concept of Locus Standi.
Ans. A right to appear in a court or before any body.
Q3. Bonded Labour.
Ans. When people give themselves into slavery as security against a
loan.
OR
It is a practice in which employers give high-interest loans to workers
who work at low wages to pay off the debt.

Q4. In which article of the Constitution is the fundamental right

to life guaranteed?
Ans. Article 21
Q5. Which article is related to equal justice and free Legal Aid?
Ans. Article 39A
Q6. What is Habeas Corpus?
Ans. A writ requiring a person under arrest to be brought before a
judge or into court.

Q7. Define paralegal services.

Ans. A paralegal essentially works in a legal environment, but they do
not give legal services to people.
Q8. Explain Legal Aid.
Ans. Legal aid mean free legal assistance to the poor persons in any
judicial proceedings before the Court, Tribunals or any authority.
Q9. Who is Patron in Cheif of State legal services Authority?
Ans. Chief justic of high court
Q10. Discuss permanent Lok Adalat in brief.
Ans. Permanent Lok-Adalat is permanent in nature.
The basic features of a permanent Lok Adalat are identical to a Lok
Adalat. There are, however, certain modifications made. The key
difference is that a typical Lok Adalat can only be summoned
occasionally and not on a daily basis, a permanent Lok Adalat is an
established system which is operational throughout just like any other
court or tribunal.
The Legal services Authorities Act, 1987, which had established Lok
Adalats, did not, at first, establish permanent Lok Adalat.It was the
Amendment Act of 2002 that enabled the establishment of the first
permanent Lok Adalat.
 2017
Q1. Who is Patron-in-Cheif of NALSA.
Ans. DONE
Q2. Explain name of courts and provisions in which PIL may be
filed?
Ans. PILs may be filed either before the Hon'ble Supreme Court of
India under Article 32 of the Indian Constitution or any High Court
under Article 226 of the Indian Constitution.
Q3. what is social action litigation.
Ans. Social action litigation as an instrument for securing socio-
economic justice for the under privileged has been one of the
outstanding development in the contemporary legal world.
Q4. Explain Private Interest Litigation.
Ans. In Private Interest Litigation, The aggrieved person has to prove
that he has suffered some loss or injury.
Q5. Define Locus Standi.
Ans. It is the right or capacity to bring an action or to appear in a
court.
Q6. Which committee has recommended to introduce Art 39-A
for legal aid scheme in the constitution of India.
Ans. CILAS (Committee for Implementing Legal Aid Schemes)

Q7. Who shall be the execute chairman of the state legal service
authority.
Ans. Serving or retired Judge of the High Court
Q8. State the provisions relating to powers of Lok Adalat.
Ans. Section 22 states Powers of Lok Adalat or Permanent Lok
Adalat.
Q9. On which date the president assent to legal service authority
act 1987.
Ans. 11/10/1987
Q10. State the number of Total sections of the legal services
authority act 1987.
Ans.

2016
Q1. Define Litigation.
Ans. Litigation is the process of taking legal action in a court of law.
Q2. What is meant by Pil?
Ans. Done
Q3. Define Locus Standi.
Ans. DONE
Q4. What is the object of PIL?
Ans. The aim of PIL is to give to the common people access to the
courts to obtain legal redress.
Q5. Define Lok Adalat.
Ans. Lok Adalat one of the alternative dispute redressal mechanisms,
it is a forum where disputes/cases pending in the court of law or at
pre-litigation stage are settled/ compromised amicably.

Q6. What is Mock Trail?

Ans. Mock Trial is a competition in which students simulate a real
trial.

Q7. Name the enactment in force for legal aid.

Ans. The 'Legal Services Authorities Act' was enacted by Parliament,
which came into force on 9 November, 1995.
Q8. What is the objective of legal aid?
Ans. The main object is to provide equal justice is to be made
available to the poor and weaker section of society.

Q9. What is Para Legal Service.

Ans. A paralegal essentially works in a legal environment, but they do
not give legal services to people.
Q10. What is Judicial Activism?
Ans. Judicial Activism means the rulings of the court based on
political and personal rational and prudence of the Judges presiding
over the issue.
 2015
Q1. Who can file PIL?
ANS. A PIL is a petition that can be filed by any member of the
public for any matter of public interest, for redress of public wrong or
injury.
Q2. what is social action litigation
ANS. DONE

Q3. Define PIL?

ANS. DONE
Q4. Define Private Interest Litigation.
ANS. DONE

Q5. What is Moot Court.

ANS. A mock court at which law students argue imaginary cases for
practice.
Q6. What do you mean by Para Legal Clinic?
ANS. Paralegal clinic include preparing all types of court document,
planning finances, including estates with will and trust plans and
corporate services.
Q7. What do you mean by legal aid camp.
ANS. Legal Aid Camps especially in rural areas, slums, labour
colonies with the dual purpose of educating weaker sections of the
society as to their right as well as encouraging the settlement of
disputes through Lok Adalats.
Q8. Define legal literacy camp.
ANS. 'Panchayat Shivir' is used here as a Hindi term for Interactive
Legal Literacy Camp. Law trainers may use it to aid tribal self- rule in
India or other forms of decentralisation.

Q9. Define public utility services.

ANS. Public utilities services are those services provided by the
government or state, such as the supply of electricity and gas, or the
train network for public use.
Q10. What is Legal Aid?
ANS. Legal aid mean free legal assistance to the poor persons in any
judicial proceedings before the Court, Tribunals or any authority.

2014

Q1. What is meant by Locus Standi.

ANS. DONE
Q2. What is PIL
ANS. DONE

Q3. Define the term Legal Services

ANS. legal service means help or assistance or free service in the field
of law.
Q4. When was the word ‘pauper “ substitued by the term
‘indigent “ in civil procedure code ?
ANS
Q.5 Term lok adalat?
ANS The term ‘Lok Adalat’ means ‘People’s Court’ and is based
on Gandhian principles.
Q.6 What do you mean by the public utility service?
ANS Public utilities are those business undertakings which provide
necessary services to the society. The undertakings dealing with the
supply of electricity, gas, power, water and transport etc. are all
covered under public utility services. All these things are needed in
the day-to-day life of the people.
Q.7 What are the provision of legal aid in inidan constitution?
ANS Article 39A of the Constitution provides for free legal aid to the
deprived and weaker sections of society and to promotes justice on
the basis of equal opportunity. Articles 14 and 22(1) of the
Constitution also make it compulsory for the State to guarantee
equality before the law.

Q.8 Social action litigation?

ANS
Q.9 What is taluka legal service committee?
ANS The State Authority may constitute a Committee, to be called
the Taluk Legal Services Committee, for each taluk or mandal or for
group of taluks or mandals.
Q.10 Judical review?
ANS It is a type of court proceeding in which a judge reviews the
lawfulness of a decision or action made by a public body. In other
words, judicial reviews are a challenge to the way in which a decision
has been made, rather than the rights and wrongs of the conclusion
reached
 2019
Q.11 Discuss the concept of locus standi?

ANS The Latin words “locus standi” signify the legal right of a
person to file a suit or conduct a litigation in a court of law.
According to the traditional Anglo-Saxon concept of ‘locus standi’
means only the person whose rights were violated could sue for
judicial redress. No one could file a petition in the court on his behalf.

when the rights of an individual or a class of persons are violated and

if by reasons of poverty or disability they cannot approach the court
themselves, any public spirited-person or institution, acting in good
faith, and not out of vengeance, can move the court for judicial
redress

Q.12 Expalin the main objects of pil ?

 ANS The aim of PIL is to give to the common people access to the
courts to obtain legal redress.

 PIL is an important instrument of social change and for

maintaining the Rule of law and accelerating the balance between
law and justice.

 The original purpose of PILs have been to make justice accessible

to the poor and the marginalised.

 It is an important tool to make human rights reach those who have

been denied rights.
 It is an important tool for implementing the concept of judicial
review.

 Enhanced public participation in judicial review of administrative

action is assured by the inception of PILs.

Q.13 What are the guidline laid down by sc of entertaininga pil?

ANS Instead of every individual judge devising his own procedure

for dealing with public interest litigation, it would be appropriate for
each HC to properly formulate rules for encouraging genuine PILs
and discouraging PILs filed with oblique motives. HCs should frame
rules in this regard within three months.

* Verify credentials of petitioner before entertaining a PIL.

* Ascertain correctness of facts mentioned in PIL.
* Check whether substantial public interest is involved.
* Give priority to PILs involving larger public interest.
* Ensure that the PIL seeks redressal of a genuine public harm.
* Impose exemplary cost on busybodies and frivolous PILs.

Q.14 Write a short note on compensation for illegal detenion?

ANS tressing that the award of compensation for harassment by

public authorities not only compensates the individual, satisfies him
personally but helps in curing social evil, the Allahabad High Court
recently directed the State Government to strictly implement its policy
of granting compensation to a citizen (25k), who has been illegally
detained.
 2018

Q.11 What are the object of social action litigation?

Ans The litigation whereas the interest of the society is protected by

the courts and can be initiated by any NGO's or any person who
doesn't pursue his personal interest rather to upheld or protect the
interest of society is called Social Interest Litigation. Public Interest
Litigation is also the same as Social Interest Litigation and in India, it
is Public interest litigation which is adopted from USA's Social
Interest Litigation and is in the same sense and meaning of protecting
the interest of larger masses or public at large. so they are same.

Q.12 Explain future of judicial activisim in india?

Ans Judicial activism is good when it is for the benefit and

development of under-advantage sections of society, but it should not
interfere with the policy making power of government.

Now if the defence of failure of other branches of government is

taken, the question can be raised about the results of failure of the
judiciary to meet expectations, and also about its inefficiency.

It cannot be ignored that this socio-economic movement of the court

has increased the hope of people for justice. This is necessary for
democratic set-up and establishment of rule of law.

This activism should be accompanied with honesty and should win

confidence and inspire faith in the minds of the public.
Judicial activism is an essential aspect of the dynamics of the
constitutional court. It must work for the benefit of citizens but within
the boundary or the limits of the Judicial process.

Q.13 Can a foreigner file a writ petition in court in india ?

ANS a foreigner or a foreign company is not entitled to maintain a

writ petition, there is no specific bar in the Constitution that prevents
a corporation incorporated outside the country to maintain a petition
under Article 226 of the Constitution of India. Article 226 does not
lay down any eligibility criteria based on citizenship of the seeker of
the constitutional remedy

Q.14 Discuss the function of taluk legal services committee?

ANS According to Section 11 (B) of the Legal Services Authorty Act

1987 functions of Taluk Legal Services Committee ar as follows :
The Taluk Legal Services Committee may perform all or any of the
following:-
(a) co-ordinate the activities of legal services in the taluk;
(b) organise Lok Adalats within the taluk
(c) perform such other functions as the District Authority may assign
to it.
 2017

Q.11 Discuss the object of public interest litigation?

ANS DONE BACKSIDE

Q.12 Differentiate between pil and private interest litigation?

ANS

No Public Interest Private Interest Litigation

Litigation

1) The word ‘public Private Interest litigation is

interest’ as something limited to private aspect
in which the public,
or the community at
large has some
pecuniary interest or
some interest by
which their legal
rights or liabilities are
affected .

In Public Interest In Private Interest Litigation

2) Litigation rule of rule of locus standi is strictly
locus standi is followed and adversarial
followed. procedure is strictly complied
with.
3) In Public Interest The person whose
Litigation, though a fundamental or legal right has
person is not been violated may file suit or
aggrieved but socially petition for enforcement
and spiritually thereof.
motivated can file
petition

Petition can be filed The Plaintiff has to file the

4) in the High Court or suit in a court having
under Article 32 to jurisdiction of the lowest
the Supreme Court. grade.

The Court Stamp fee In Private Interest Litigation,

5) Act is not applicable Plaintiff has to pay Court
to PIL stamp fee as per the valuation
of the suit property under the
Court Stamp fee Act.

In Public Interest In Private Interest Litigation,

6) Litigation, the Decisions given by the Court
Decision given by the binding on parties only
Court is having
general application.

7) In Public Interest In Private Interest Litigation,

Litigation, the person The aggrieved person has to
approaching the court prove that he has suffered
for redressal or public some loss or injury. In case of
wrong or public alleged violation of right, he
injury has sufficient must in addition prove that he
interest in the has right.
proceeding and is
acting in bonafide
and not for personal
 gain or private profit
or political
motivation.

Q.13 Expalin the composition of permanent lok adalat?

ANS Section 22-B of The Legal Services Authorities Act, 1987

enables the organization of the Permanent Lok Adalat. Permanent
Lok Adalats have been set up as permanent bodies with two members
and a chairman for providing a compulsory pre-litigation mechanism
for conciliation and settlement of cases relating to Public Utility
Services like postal, transport, telegraph, etc. The Permanent Lok
Adalat gets jurisdiction to decide the dispute, in case the parties fail to
reach a settlement, provided, the dispute does not relate to any
offense.

Q.14 Discuss the provision of legal aid under const. of india ?

ANS Provision of free legal aid may include:

>Representation by an Advocate in legal proceedings.

>Payment of process fees, expenses of witnesses and all other charges

payable or incurred in connection with any legal proceedings in
appropriate cases;

>Preparation of pleadings, memo of appeal, paper book including

printing and translation of documents in legal proceedings;

>Drafting of legal documents, special leave petition etc.

>Supply of certified copies of judgments, orders, notes of evidence
and other documents in legal proceedings.

2016

Q.11 Explain right to education?

ANS The 86th Constitutional Amendment (2002) inserted Article

21A in the Indian Constitution which states:

“The State shall provide free and compulsory education to all children
of 6 to 14 years in such manner as the State, may by law determine.”

As per this, the right to education was made a fundamental right and
removed from the list of Directive Principles of State Policy.

Q.12 What is the scope of legal service authorities act 1987?

ANS
Q.13 Differentiate between lok adalat and legal aid camp?

ANS

Q.14 Expalin right of women and children?

ANS WOMEN

1) Women have the right to get free legal aid

Under the Legal Services Authorities Act, female rape victims have
the right to get free legal aid or help from the Legal Services
Authority who has to arrange a lawyer for her.

2) Women have right not to be arrested at night

Unless there is an exceptional case on the orders of a first class

magistrate, a woman cannot be arrested after sunset and before
sunrise.

3) Women have the right against workplace harassment

The Sexual Harassment of Women at Workplace Act gives a female

the right to file a complaint against any kind of sexual harassment at
her place of work.
CHILDREN

The Right to Education (Article 28)

Right to free primary education is critical for helping children develop

discipline, life skills while finding a safe and healthy environment to
nurture a child’s physiological development. This includes freedom
from violence, abuse or neglect.

The Right to be protected from violence (Article 19 and 34)

Protection from violence extends even to family members, and

children must not suffer ill-treatment or sexual or physical violence.
This includes use of violence as a means of discipline. All forms of
sexual exploitation and abuse are unacceptable, and this Article takes
into view the sale of children, child prostitution and child
pornography.

2015

Q.11 Discuss the person entitled for legal aid service under legal
service authorities act1987?

ANS The sections of the society as enlisted under Section 12 of the

Legal Services Authorities Act are entitled for free legal services, they
are :

(a) A member of a Scheduled Caste or Scheduled Tribe.

(b) A victim of trafficking in human beings or begar as referred to in
Article 23 of the Constitution.

(c) A woman or a child.

(d) A mentally ill or otherwise disabled person.

(e) A person under circumstances of undeserved want such as being a

victim of a mass disaster, ethnic violence, caste atrocity, flood,
drought, earthquake or industrial disaster.

(f) An industrial workman.

(g) a person in receipt of annual income less than the amount

mentioned in the following, if the case is before a Court other than the
Supreme Court, and less than Rs 5 Lakh, if the case is before the
Supreme Court.

Q.12 Why moot court is important for law student?

ANS Every legal person knows about the moot court because moot
court is a very important activity in every law school. According to
bar council of India direction about practical training in new syllabus
in law degree four practical training papers have been introduced with
the object to provide professional knowledge in law students. Moot
court is a one of them. Moot court is not only practical training for
law student it also trains about proper professional ethics knowledge.
Contempt law is avoided by law student when there is a proper
knowledge about moot court. Today in present era of legal education
in moot court is very important. It helps student to learn about the
practical knowledge of court. It makes student capable to learning
about legal profession. Today in many institutions, they don’t teach
about the practical knowledge of the court. So many new lawyers
don’t have the knowledge of court proceedings and some of them
can’t even draft properly.

Moot court may help in learning the manner of dealing with the court.
They may have the practical knowledge of the importance of bring
respect to the court. Moot court is an art which the student will follow
for the rest of the professional career and will acquire new knowledge
and skill by combining previous experience, new information and
practical application. Hence learning by doing has been part of legal
education since its very beginning.

Q.13 Expalin the main object of pil ?

ANS Public Interest Litigation has become a powerful tool for

implementing the legal obligation of the legislature and the executive.

 The chief objective behind Public Interest Litigation is ensuring

justice to all and endorsing welfare of the ordinary people of
country.

 It is generally not used to safeguard individual interests but used

to protect group interests - for which Fundamental Rights have
been provided.

 The High Courts and Supreme Court of India has the right to
issue Public Interest Litigation.
  The perception of Public Interest Litigation stems from the
supremacy of "judicial review."

 The concept of Public Interest Litigation has diluted the

principle of 'locus standi.' 'Locus Standi' indicates that only the
'person/party' whose rights have been infringed upon can file
petitions in front of the competent court.

 Public Interest Litigation has commonly been used to challenge

public authorities' decisions by the parameters assigned of
judicial review, to review a failure to act, or by a public body, or
the lawfulness of a decision or action.

 Public Interest Litigation has played an essential role in India's

polity and Legal Fraternity. They have been responsible for
some landmark judgments in India. They have opened up the
doors of the Sabarimala, the banning of the instant triple talaq,
legalized consensual homosexual relations, and the Haji Ali
shrines to women legalized passive, euthanasia, and many more.

Q.14 What is the permanent lok adalat?

ANS The basic features of a permanent Lok Adalat are identical to a

Lok Adalat. There are, however, certain modifications made. The key
difference is that a typical Lok Adalat can only be summoned
occasionally and not on a daily basis, a permanent Lok Adalat is an
established system which is operational throughout just like any other
court or tribunal.
The Legal services Authorities Act, 1987, which had established Lok
Adalats, did not, at first, establish permanent Lok Adalat.It was the
Amendment Act of 2002 that enabled the establishment of the first
permanent Lok Adalat.

2014

Q.11 Discuss the const. provision in relation to judicial activism?

Ans done backside

Q.12 Note on function of lok adalat?

 ANS

 to hear and settle long pending cases,which are disposed through

compromise and settlement.

 It can hear both civil and criminal cases.

 It can take up pending cases as well as those that are in pre

litigation stage.

 The verdict given by the Lok Adalat is final and binding, and
there is no provision for appeal. But the party is free to initiate a
new litigation in court.

 It is usually conducted by retired judges,social activists, legal

professionals.
Q.13 What is the role of voluntary org. in providing legal aid?

ANS The role of NGO nowadays is very significant and effective.

The NGO are coming forward to help the poor and indigent litigants,
who on their own cannot afford Legal Services because of Economic,
Social or other reasons. These NGO’s work in coordination with
the Legal Services Institutions at the Centre, State, District or Tehsil
level in order to provide free legal services to these poor and indigent
litigants so that Justice can be achieved

Q.14 List any 4 issues as per guideline on pil which considered as

pil?

ANS PIL actions may sometimes give rise to the problem of

competing rights. For instance, when a court orders the closure of a
polluting industry, the interests of the workmen and their families
who are deprived of their livelihood may not be taken into account by
the court.

It could lead to overburdening of courts with frivolous PILs by parties

with vested interests. PILs today has been appropriated for corporate,
political and personal gains. Today the PIL is no more limited to
problems of the poor and the oppressed.

Cases of Judicial Overreach by the Judiciary in the process of solving

socio-economic or environmental problems can take place through the
PILs.
PIL matters concerning the exploited and disadvantaged groups are
pending for many years. Inordinate delays in the disposal of PIL
cases may render many leading judgments merely of academic value.

2014

Q.15 Distinguish between pil and private interest litigation with

the help of decided cases?

Ans

No
Public Interest Private Interest Litigation
Litigation.

1) The word ‘public Private Interest litigation is

interest’ as something limited to private aspect
in which the public,
or the community at
large has some
pecuniary interest or
some interest by
which their legal
rights or liabilities are
affected .
 In Public Interest In Private Interest Litigation
Litigation rule of rule of locus standi is strictly
2)
locus standi is followed and adversarial
followed. procedure is strictly complied
with.

3) In Public Interest The person whose

Litigation, though a fundamental or legal right has
person is not been violated may file suit or
aggrieved but socially petition for enforcement
and spiritually thereof.
motivated can file
petition

Petition can be filed The Plaintiff has to file the

in the High Court or suit in a court having
4)
under Article 32 to jurisdiction of the lowest
the Supreme Court. grade.
5) The Court Stamp fee In Private Interest Litigation,
Act is not applicable Plaintiff has to pay Court
to PIL stamp fee as per the valuation
of the suit property under the
Court Stamp fee Act.

6) In Public Interest In Private Interest Litigation,

Litigation, the Decisions given by the Court
Decision given by the binding on parties only
Court is having
general application.

7) In Public Interest In Private Interest Litigation,

Litigation, the person The aggrieved person has to
approaching the court prove that he has suffered
for redressal or public some loss or injury. In case of
wrong or public alleged violation of right, he
injury has sufficient must in addition prove that he
 interest in the has right.
proceeding and is
acting in bonafide
and not for personal
gain or private profit
or political
motivation.

Q.16 Are you satisfied with the existing provision of legal aid
service . give suggestion improve it?

Ans self do

Q.17 Discuss the jurisdiction, working and power of lok adalat

under the legal service authority act 1987?

ANS

JURISDICTION

A Lok Adalat shall have jurisdiction to determine and to arrive at a

compromise or settlement between the parties to a dispute in respect
of:

A) any case pending before.

B) any matter which is falling within the jurisdiction of, and is not
brought before, any court for which the Lok Adalat is organized.

The Lok Adalat can compromise and settle even criminal cases,
which are compoundable under the relevant laws.

Lok Adalats have the competence to deal with a number of cases

like:

Compoundable civil, revenue and criminal cases

Motor accident compensation claims cases

Partition Claims

Damages Cases

Matrimonial and family disputes

Mutation of lands case

Land Pattas cases

Bonded Labor cases

Land acquisition disputes

Bank’s unpaid loan cases

Arrears of retirement benefits cases

Family Court cases

Cases, which are not subjudice

Powers of Lok Adalats

1. The Lok Adalat shall have the powers of a civil court under the
Code of Civil Procedure

2. 1908, while trying a suit, in respect of the following matters:

3. Power to summon and enforce the attendance of any witness and

to examine him/her on oath.

4. Power to enforce the discovery and production of any document.

5. Power to receive evidence on affidavits,

6. Power for requisitioning of any public record or document or

copy thereof or from any court.

7. Such other matters as may be prescribed

 Every Lok Adalat shall have the power to specify its own
procedure for the determination of any dispute coming before it.

 All proceedings before a Lok Adalat shall be deemed to be

judicial proceedings within the meaning of Sections 193, 219
and 228 of IPC.

 Every Lok Adalat shall be deemed to be a Civil Court for the

purpose of Sec 195 and Chapter XXVI of Cr.P.C.
Q.18 Who are entitled to legal service according to legal service
autjority act 1987? Expalin?

ANS The sections of the society as enlisted under Section 12 of the

Legal Services Authorities Act are entitled for free legal services, they
are :

(a) A member of a Scheduled Caste or Scheduled Tribe.

(b) A victim of trafficking in human beings or begar as referred to in

Article 23 of the Constitution.

(C) A woman or a child.

(d) A mentally ill or otherwise disabled person.

(E) A person under circumstances of undeserved want such as being a

victim of a mass disaster, ethnic violence, caste atrocity, flood,
drought, earthquake or industrial disaster.

(f) An industrial workman.

(g) In custody, including custody in a protective home within the

meaning of clause (g) of Section 2 of the Immoral Traffic
(Prevention) Act, 1956(104 of 1956); or in a juvenile home within the
meaning of clause(j) of Section 2 of the Juvenile Justice Act, 1986 (53
of 1986); or in a psychiatric hospital or psychiatric nursing home
within the meaning of clause (g) of Section 2 of the Mental Health
Act, 1987(14 of 1987).
(h) a person in receipt of annual income less than the amount
mentioned in the following schedule (or any other higher amount as
may be prescribed by the State Government), if the case is before a
Court other than the Supreme Court, and less than Rs 5 Lakh, if the
case is before the Supreme Court.

2015

Q.15 Discuss in detail the meaning , scope and object of pil?

ANS MEANING

Public interest Litigation (PIL) means litigation filed in a court of law,

for the protection of “Public Interest”, such as Pollution, Terrorism,
Road safety, Constructional hazards etc. Any matter where the
interest of public at large is affected can be redressed by filing a
Public Interest Litigation in a court of law.

Public interest litigation is not defined in any statute or in any act. It

has been interpreted by judges to consider the intent of public at large.

Public interest litigation is the power given to the public by courts

through judicial activism. However, the person filing the petition must
prove to the satisfaction of the court that the petition is being filed for
a public interest and not just as a frivolous litigation by a busy body.
SCOPE

Scope of Public Interest Litigation in India

Initially, only petitions relating to habeas corpus were recognized as

the subject matter of PIL. Now the scope of PIL extends to many
issues of public importance such as:

Child abuse and child labour

Cases of neglected children

Bonded labour cases

Atrocities against woman, rape cases, kidnapping and murder

Refusal to pay minimum wages to workmen

Persecution of the socially and economically backward sections of the

society – especially children and women

Complaints against police

Cases relating to environmental protection

OBJECT

 The aim of PIL is to give to the common people access to the

courts to obtain legal redress.

 PIL is an important instrument of social change and for

maintaining the Rule of law and accelerating the balance between
law and justice.
 The original purpose of PILs have been to make justice accessible
to the poor and the marginalised.

 It is an important tool to make human rights reach those who have

been denied rights.

 It is an important tool for implementing the concept of judicial

review.

 Enhanced public participation in judicial review of administrative

action is assured by the inception of PILs.

Q.16 Pil is being misused in india”discuss in detail in the kight od

decision of sc?

ANS No matter how much progress PILs have brought to the Indian
Judicial system, we cannot unsee the flip side of the coin at any cost
as PILs are being abused a lot nowadays along with its extensive and
abused use. They have brought various pitfalls and drawbacks too.
Therefore, to avoid such cases of abuse of the PILs, the supreme court
itself laid down a detailed guideline that will be used to govern the
management and disposal of the PILs.

>Many PIL activists in India have been using the PILs as a handy tool
for harassing the judicial system. Since filing PILs is an inexpensive
process, many frivolous cases are being filed without any investment
of hefty court fees which one would normally pay for civil litigation
cases. Therefore, by filing such cases, deals are negotiated to obtain
money for the said aggrieved party to obtain the PILs. The simple
explanation for such cases is that any weapon that can be used to
defend oneself can also be used to attack someone. Using the same
logic, one can lower the Locus Standi requirements which permit the
motivated parties to file PILs which could represent a public interest
matter.

>The abuse of the PILs has become so uncontrollable that its

fundamental purpose has been lost amongst all the ingenuine cases
which have been filed by privately motivated interests which are
silhouettes of the apparent public interest cases.

For example, various groups that are affiliated with politics use PILs
so they can use the judicial system to get their way around their
problems or when they cannot achieve the goal they have been
longing to achieve. They abuse the concept of PIL to bring
themselves closer to their aims and interests.

>PILs have been criticized a lot nowadays as the concept of

entertaining judicial activism has been brewing a lot amongst the
people of India. Justice Bhagwati who fought the landmark case of
Bandhua Mukti Morcha vs. Union of India made an observation
which stated that the courts were performing the aforementioned
actions which are the meagre efforts that lead to the realization of the
constitutional objectives of the judicial system which does not collide
with the executive and the legislature.

>Another similar loose thread that is criticized by the public of India

is the process of absolutely diluting the principle on which ‘Locus
Standi’ is based on. This grey area has been brought up in various
arguments stating that dilution of the Locus Standi has opened up
various scandalous information such as the petitioner’s private hidden
interests, the motive of the petitioners which state that the reason
behind filing the PIL was to seek publicity and not justice, usage of
PILs to showcase their political objectives, etc. due to such instances,
this acts as a deterrent to people which prevents them from filing PILs
which matters in future.

Q.17 Expalin the provison regarding leagl aid to poor under

const. of india,civil procedure code and criminal proccedure
code?

ANS Legal Aid which means giving free legal services to the poor
and needy who are unable to afford the services of an advocate for the
conduct of a case or a legal proceeding in any court, tribunal or before
an Judicial authority.

The preamble of the Indian constitution basically aims to secure to the

people of India justice – socio economic and political. His Lordship
Justice P.N. Bhagwati aptly stated that legal aid means providing an
arrangement in the society which makes the machinery of
administration of Justice easily accessible and in reach of those who
have to resort to it for enforcement of rights given to them by law.
Article 38(1) avows that the State shall promote the welfare of the
people by securing and protecting the social order including justice.
Article 21 clearly says that every person has an equal right to life and
liberty except according to the procedure established by the law.

The 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 disabilities.

In the case of Hussainara khatoon vs. State of Bihar, it was held that if
any accused is not able to afford legal services then he has a right to
free legal aid at the cost of the state.

It is the duty of the State to see that the legal system promotes justice
on the basis of equal opportunity for all its citizens. It must therefore
arrange to provide free legal aid to those who cannot access justice
due to economic and other disabilities.

—(Art.39 A of the Constitution of India)

If the accused does not have sufficient means to engage a lawyer, the
court must provide one for the defense of the accused at the expense
of the state.

—(Sec. 304 of Code of Criminal Procedure,1973)

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.

—(Khatri II Vs. State of Bihar, (1981) 1SCC; 1981 SCC (Cri) 228;
1981 Cri. LJ 470)

A person entitled to appeal against his/her sentence has the right to

ask for a counsel, to prepare and argue the appeal.

—(Madav Hayavadanrao Hoskot Vs. State of Maharastra (1978)3

SCC 544) (Art. 142 of the Constitution r/w Articles 21 and 39A of
Indian Constitution )

Q.18 How are the state legal service authorities constituted? what
are their function?

ANS Constitution of State Legal Services Authority -

1) Every State Government shall constitute a body to be called the

Legal Services Authority for the State to exercise the powers and
perform the functions conferred on or assigned to, a State Authority
under this Act.

2) A State Authority shall consist of -

The Chief Justice of the High Court who shall be the Patron-in-Chief;
a serving or retired Judge of the High Court, to be nominated by the
Governor, in consultation with the Chief Justice of the High Court,
who shall be the Executive Chairman; and such number of other
Members, possessing such experience and qualifications, as may be
prescribed by the State Government, to be nominated by that
Government in consultation with the Chief Justice of the High Court.

3) The State Government shall, in consultation with the Chief Justice

of the High Court, appoint a person belonging to the State Higher
Judicial Service not lower in rank than that of a District Judge, as the
Member-Secretary of the State Authority, to exercise such powers and
perform such duties under the Executive Chairman of the State
Authority as may be prescribed by that Government or as may be
assigned to him by the Executive Chairman of that Authority;

Provided that a person functions as Secretary of a State Legal Aid &

Advice Board immediately before the date of constitution of the State
Authority may be appointed as Member-Secretary of that Authority,
even if he is not qualified to be appointed as such under this sub-
section, for a period not exceeding five years.

4) The terms of office and other conditions relating thereto, of

Members and the Member-Secretary of the State Authority shall be
such as may be prescribed by the State Government in consultation
with the Chief Justice of the High Court.
5) The State Authority may appoint such number of officers and
other employees may be prescribed by the State Government, in
consultation with the Chief Justice of the High Court, for the efficient
discharge of its functions under this Act.

6) The officers and other employees of the State Authority shall be

entitled to such salary and allowances and shall be subject to such
other conditions of service as may be prescribed by the State
Government in consultation with the Chief Justice of the High Court.

7) The administrative expenses of the State Authority, including the

salaries, allowances and pensions payable to the Member-Secretary,
officers and other employees of the State Authority shall be defrayed
out of the Consolidated Fund of the State.

8) All orders and decisions of the State Authority shall be

authenticated by the Member-Secretary or any other officer of the
State Authority duly authorized by the Executive Chairman of the
State Authority.

9) No act or proceeding of a State Authority shall be invalid merely

on the ground of the existence of any vacancy in, or any defect in the
constitution of the State Authority.

B) Functions of the State Authority

According to Section 7 of Legal Services Authority Act Functions of

the State Authority are as Follows
1) It shall be the duty of the State Authority to given effect to the
policy and directions of the Central Authority.

2) Without prejudice to the generality of the functions referred to in

sub-section (1), the State Authority shall perform all or any of the
following functions, namely -

(a) give legal service to persons who satisfy the criteria laid down
under this Act.

(b) conduct Lok Adalats, including Lok Adalats for High Court
cases

(c) undertake preventive and strategic legal aid programmes

(d) perform such other functions as the State Authority may, in

consultation with the Central Authority, fix by regulations.

2016

Q.15 Discuss the jurisdiction, working and power of lok adalat?

ANS DONE

Q.16 WHAT IS PRIVATE INTEREST LITIGATION?HOW

DOES IT DIFFFERENT FROM PIL?
ANS In Private Interest Litigation, The aggrieved person has to prove
that he has suffered some loss or injury. In case of alleged violation of
right, he must in addition prove that he has right.

DIFFEENCE DONE BACKSIDE

Q.17 DISCUSS THE PROBLEM FACED IN THE EFFECTIVE

IMPLIMENTATION OF DECISION IN PIL?

ANS PIL actions may sometimes give rise to the problem of

competing rights. For instance, when a court orders the closure of a
polluting industry, the interests of the workmen and their families
who are deprived of their livelihood may not be taken into account by
the court.

It could lead to overburdening of courts with frivolous PILs by

parties with vested interests. PILs today has been appropriated for
corporate, political and personal gains. Today the PIL is no more
limited to problems of the poor and the oppressed.

Cases of Judicial Overreach by the Judiciary in the process of

solving socio-economic or environmental problems can take place
through the PILs.

PIL matters concerning the exploited and disadvantaged groups are

pending for many years. Inordinate delays in the disposal of PIL
cases may render many leading judgments merely of academic value.

Q.18 Fact,issue raised and principal of law laid down in case

vishakha vs. state of rajasthan air 1997 s.c 241?
ANS The facts of this case are given below:-

# Bhanwari Devi who was a social activist/worker in one of the

Rajasthan village.

# She worked under a social development program at rural level

which was about to stop child marriage in a village and this social
program was administered/ initiated by the Rajasthan state
government.

# Bhanwari Devi en-devoured to stop the marriage of the Ramkaran

Gujjars (thakurs) daughter, who was merely less than one year old i.e.
she was an infant only.

# As a part of her duty, Bhanwari Devi tried to terminate the marriage

of her infant daughter.

# Even of her vain-full efforts to stop the marriage, it happened, but

Bhanwari devi was not excused or pardoned for her’s this fault.

# She was exposed to or put forward to social punishment or boycott.

# September 1992, she was been gang raped by Ramkaran Gujjar and
his five friends in front of her husband.

# The male doctor at normal primary health center declined to survey

her and the doctor at Jaipur only made confirmation of her age
without any recommendation of her being raped in her medical report.

# At police station too she was been continually taunted by the

women countable for the whole of the midnight.
# In past midnight she was been asked by the policeman to leave her
lehnga as the evidence of that incident and go back to her village.

# After that, she was only left with the bloodstained dhoti of her
husband to wrap her body, as a result of which they had to spend there
whole night in that police station.

# The Trail Court made the discharge of the accused people for not
being guilty.

# The High Court in his judgement propounded that –“ it was a

case of gang rape which was conducted out of revengeful situation.

# All these statement and judgement, aroused women and NGO’S

to file pitition (PIL) in Supreme Court of India.

Issue Raised In This Case

# Whether, the enactment of guidelines mandatory for the repudment

of sexual harassment of women at workplace.

Judgement-

The judgment of Vishakha's case was conveyed by Chief Justice J.S

Verma as a representative of Justice Sujata Manihar and Justice B.N
Kripal on account of writ petition which was file by Vishakha the
victim of this case. The court observed that the fundamental rights
under Article 14[2], 19[3](1)(g) and 21[4]of Constitution of India
that, every profession, trade or occupation should provide safe
working environment to the employees. It hampered the right to life
and the right to live a dignified life. The basic requirement was that
there should be the availability of safe working environment at
workplace.

The Supreme Court held that, women have fundamental right towards
the freedom of sexual harassment at workplace. It also put forward
various important guidelines for the employees to follow them and
avoid sexual harassment of women at workplace. The court also
suggested to have proper techniques for the implementation of cases
where there is sexual harassment at workplace. The main
aim/objective of the Supreme Court was to ensure gender equality
among people and also to ensure that there should be no
discrimination towards women at there workplace.

After this case, the Supreme Court made the term Sexual harassment
well defined, accordingly any physical touch or conduct, showing of
pornography, any unpleasant taunt or misbehavior, or any sexual
desire towards women, sexual favor will come under the ambit of
sexual harassment.

2017
Q.15 Discuss the constitution and function of national legal
service authority?

ANS Section 3 of Legal Services Authority Act, 1987 provides that

the Central Government shall constitute a body called the National
Legal Services Authority to exercise the powers and perform the
functions conferred on, or assigned to the Central Authority under this
Act.

Sub-section 2 of Section 3 provides that the Central Authority shall

consist of -

(a) the Chief Justice of India who shall be the Patron-in-Chief;

(b) a serving or retired Judge of the Supreme Court to be nominated

by the President, in consultation with the Chief Justice of India, who
shall be the Executive Chairman; and

(c) such number of other members, possessing such experience and

qualifications, as may be prescribed by the Central Government, to be
nominated by that government in consultation with the Chief Justice
of India.

Rule 3 of the National Services Authority Rules provides that Central

Authority shall consist of not more than 12 members, the following
shall be the ex-officio members of Central Authority.
(i) Secretary, Department of Legal Affairs, Ministry of Law, Justice
and Company Affairs, Government of India or any of his nominees;

(ii) Secretary, Department of Expenditure in the Ministry of Finance,

Government of India or any of his Nominees; and

(iii) Two Chairman of the State Legal Services Authority as may be

nominated by the Central Government in consultation with the chief
Justice of India.

Provided that the Patron-in-chief of the central authority may

nominate, until the constitution of the State Authorities under the Act,
Chairman of any two of the State legal Aid and Advice Board or
Committees, by whatever name called, existing prior to such
constitution.

FUNCTION

1. To give effect to the policies and directions of the Central

Authority.

2. To provide legal service to persons who satisfy the criteria laid

down in the Legal Services Authorities Act, 1987.

3. To conduct Lok Adalats at various levels.

4. To encourage the settlement of disputes by way of Negotiation,

Arbitration and Conciliation.
5. To secure the legal rights of poor, down trodden and weaker section
of the society.

6. To ensure that the operation of the legal system promotes justice on

a basis of equal opportunity.

7. To give people a platform where they receive effective counseling

in order to resolve their disputes in an amicable manner and at pre-
litigative stage.

8. To carry out legal literacy campaign across the Union

Territory,Chandigarh.

9. To publicize legal aid schemes so that the target group, for whom
Legal Services Authorities Act has provided for free legal aid, may
come to know about the same and approach the concerned legal
service functionaries.

10. To make special efforts to enlist the support of voluntary social

welfare institutions working at the grass-root level, particularly
among the Scheduled Castes and Scheduled Tribes, Women and
Rural and Urban labour.

11. To act in coordination with other governmental agencies, non-

governmental voluntary social service institutions, universities and
other bodies engaged in the work of promoting the cause of legal
services to the poor.

12. To sensitize people about the aims and objectives of the Legal
Services Authorities Act, 1987 and their legal rights.
13. To perform such other functions as the State Authority may, in
consultation with the Central Authority, prescribe by regulations.

Q.16 The main object of pil is to provide equal opportunity of

justice to the weaker section of society” discuss in deatil with help
of decided case?

ANS
Q.17 discuss the provison regarding leagl aid to poor under
const. of india,civil procedure code and criminal proccedure
code?

Ans done backside

q.18 state in brief the facts, issue raised and principal of law laid
down in the case of people union for civil liberties v union of
inida(1997) 3 sec 433?

Ans
 2018

Q.15 Pil is being misused in india “ discuss in detail in the light of

decision of sc?

Ans done backside

Q.16 State the person who are entitled for the legal service under
the legal service authority act 1987?

Ans done backside

Q.17 Discuss the jurisdiction of lok adalat and its working in the
district and state level?

Ans A Lok Adalat shall have jurisdiction to determine and to arrive at

a compromise or settlement between the parties to a dispute in respect
of ………………………………………

>Any case pending before any court, or

>Any matter which is falling within the jurisdiction of any court and
is not brought before such court.

>Any case pending before the court can be referred to the Lok Adalat
for settlement if Parties agree to settle the dispute in the Lok Adalat or
one of the parties applies for referral of the case to the Lok Adalat or
court is satisfied that the matter can be solved by a Lok Adalat.
>In the case of a pre-litigation dispute, the matter can be referred to
the Lok Adalat on receipt of an application from any one of the
parties to the dispute.

>Matters such as matrimonial/family disputes, criminal

(compoundable offences) cases, land acquisition cases, labour
disputes, workmen’s compensation cases, bank recovery cases, etc.
are being taken up in Lok Adalats.

>However, the Lok Adalat shall have no jurisdiction in respect of any

case or matter relating to an offence not compoundable under any
law. In other words, the offences which are non-compoundable under
any law fall outside the purview of the Lok Adalat.

State Authority Level:

The Member Secretary of the State Legal Services Authority

organising the Lok Adalat would constitute benches at this level.

Each bench would comprise of sitting or retired High Court Judge or

a sitting or retired judicial officer, a member from the legal
profession, and a social worker

This social worker should be involved in the upliftment of the weaker

areas and must be interested in the implementation of legal services,
plans or projects.
District Level:

>At this level, the Secretary of the District Legal Services Authority
will establish benches of Lok Adalat.

>The bench consists of sitting or retired judicial officer and any one
or both of either a member from the legal profession and/or social
worker engaged in the upliftment of the weaker sections of the
society.

>This social worker must also be interested in the implementation of

legal services schemes or programmes or a person involved in para-
legal activities in the area and should preferably be a woman.

Q.18 Draft a legal aid application?

Ans

>You can apply for free legal aid either offline or online. You can fill
up the ready-made form/application form that is available at your
nearest Legal Services Authority and submit the same at either the
Authority physically, or post the application to the Authority.

>You can even make an application in writing on a simple piece of

paper with the necessary details such as your name, gender,
residential address, employment status, nationality, whether SC/ST
(with proof in support), income per month (with affidavit), the case
for which legal aid is required, reason for seeking legal aid, etc. and
submit it physically or send by post.
>Another option is to send the application online i.e. by email to
NALSA (at nalsa-dla@nic.in), or through the online application form
available online at NALSA’s website by going on the ‘Online
Application’ Link on the Home Page, along with uploading necessary
documents.

>It is also possible to make your application orally - a paralegal

volunteer or an officer of the concerned Legal Services Authority will
assist you in such cases.

Is there any other Information that I need to Furnish along with

my Application?

You have to submit the completed application form to the authority

along with full documentation which includes identity proofs,
requisite certificates/affidavit as proof of belonging to a particular
category for being entitled for free legal services.

For application through the online procedure, details regarding all the
relevant documents required are provided in the website.

Do I have to pay any charge/fee for acquiring and submitting an

application form for free legal aid?

No, there is absolutely no charge for getting an application form for

free legal aid. You are not required to spend any money for both
getting and submission of the application. For obtaining legal advice,
you can call or visit the office of the concerned Legal Services
Authority.
What if the Person in need of Free Legal Aid is Illiterate?

Such persons can be assisted by the SLSAs/DLSAs/TLSCs or panel

Advocates etc., once they approach the legal services institutions. The
Para Legal Volunteers (PLVs) who are stationed in the villages can
also gather necessary information of such applicants and fill up the
forms for them. The applicant is required to affix signature initials or
thumb impression on the same.

Do I have to Incur Expenses at any Stage?

No, expenses like Process Fees, Drafting Fees, Typing Fees, Clerkage
as well as Fees of panel lawyers (during or after the case is
completed) are borne by the legal service institutions.

What are the timings of the Legal Services Authorities within

which an individual seeking free legal aid can approach for
assistance/application?

An individual seeking free legal aid can approach NALSA anytime

between Monday and Friday - from 9:30 am to 6 pm. However, the
online application can be filed at any time of the day or night as the
website is functional 24 x 7. The other Legal Services Authorities can
also be approached within their office hours which can be checked on
their respective websites.
 2019

Q.15 Discuss the fundamnetal source of legal aid of india ?

Ans done backside

Q.16 Discuss the object and scope of the social action litigation
under judicial system in india ?

Ans

Q.17 Which legal service committes are working in india ? what

are their functions?

Ans done backside

Q.18 What is lok adalat ? discuss the orgsnisation and

jurisdiction?

Ans A Lok Adalat is considered as one of the substitute dispute

redressal mechanisms. National Legal Services Authority organisation
in parallel with other Legal Services Institutions conducts Lok
Adalats. It is a forum where cases or disputes incomplete in the court
of law are compromised and conducted cordially. The Lok Adalats
are mainly formed to fulfil the promise and assurance given by the
preamble of the Indian Constitution– securing Justice – social,
economic and political of every citizen of India
Organisation:
>The State/District Legal Services Authority or the Supreme
Court/High Court/Taluk Legal Services Committee may organise Lok
Adalats at such intervals and places and for exercising such
jurisdiction and for such areas as it thinks fit.

>Every Lok Adalat organised for an area shall consist of such number
of serving or retired judicial officers and other persons of the area as
may be specified by the agency organising.

>Generally, a Lok Adalat consists of a judicial officer as the

chairman and a lawyer (advocate) and a social worker as members.

>National Legal Services Authority (NALSA) along with other Legal

Services Institutions conducts Lok Adalats.
NALSA was constituted under the Legal Services Authorities Act,
1987 which came into force on 9th November 1995 to establish
a nationwide uniform network for providing free and competent legal
services to the weaker sections of the society.

Jurisdiction:
>A Lok Adalat shall have jurisdiction to determine and to arrive at a
compromise or settlement between the parties to a dispute in respect
of:
Any case pending before any court.
>Any matter which is falling within the jurisdiction of any court and
is not brought before such court.

>Any case pending before the court can be referred to the Lok Adalat
for settlement if:
>Parties agree to settle the dispute in the Lok Adalat or one of the
parties applies for referral of the case to the Lok Adalat or court is
satisfied that the matter can be solved by a Lok Adalat.

>In the case of a pre-litigation dispute, the matter can be referred to

the Lok Adalat on receipt of an application from any one of the
parties to the dispute.

>Matters such as matrimonial/family disputes, criminal

(compoundable offences) cases, land acquisition cases, labour
disputes, workmen’s compensation cases, bank recovery cases, etc.
are being taken up in Lok Adalats.

>However, the Lok Adalat shall have no jurisdiction in respect of any

case or matter relating to an offence not compoundable under any
law. In other words, the offences which are non-compoundable under
any law fall outside the purview of the Lok Adalat.