The President of India

1 ‘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.

2 Powers and Function The powers and functions of the President can be discussed under following heading: 1. Legislative Power: 1I. 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. 2II. 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. 3III. 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. 4IV. 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. 5V. Under Article 111, a Bill becomes Act only when the President gives his assent to it. 6VI. Under Article 117(1), for the introduction of Money Bills and amendments thereto, the prior recommendation of the President is necessary. 7VII. 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. 8VIII. 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. 9IX. 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. 10X. 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. 11XI. 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. 12XII. 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. 13XIII. 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

3 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. 1I. 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. 2II. 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. 3III. Under Article 78, it is the duty of the Prime Minister to furnish to the President the information regarding the affairs of his government. 4IV. 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. 5V. 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. 6VI. 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. 1I. 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

4 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. Lok Adalat 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. 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 ‗NyayaPanch‘ 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 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

5 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. It does not have jurisdiction on matters related to non-compoundable offences. 2.5 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 non-adversarial 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

6 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. 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 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. Importance 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.

7 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 22C(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

8 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. 4.2 Constitutional Provisions

9 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 Statutory Provisions : 1. 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. 12. 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

10 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. 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 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. 1The various machineries/organs of the Justice delivery system available for redressal of their problems/grievances. 2The procedure of approaching and utilizing various channels available for the redressal of grievances i.e. the Police, the Executive and the Judiciary. 3The role of Courts in achieving gender equality, most importantly the concept of Public Interest Litigation. 4The role of District Legal Service Authority, Free Legal Aid and Lok Adalats. 4.6 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 They gave their valuable speech regarding various legal provisions of welfare enactments. 1The 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. 2Munsif 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

11 than Rs. 50,000. Here again, he mentioned that, recently it has been increased to Rs. 75,000. 3The 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: 11) 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). 12) 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. 23) 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. 34) He asked the law students to be a lawyer and not an advocate because lawyer learns law. 45) 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. 56) National Rural Employment Guarantee Scheme: Every unsettled unemployed person will be given Rs. 100 per day. 67) 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— 1i) 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. 1ii) The next problem was— The Government had allotted a land to a woman and again allotted the same land to another person.

12 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, Non-Governmental 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. The Project of Para-Legal Volunteers is aimed at imparting legal awareness to volunteers selected from certain target groups who in turn act as harbingers of legal awareness and legal aid to all sections of people. The Volunteers are expected to act as intermediaries between the common people and Legal Services institutions and thereby removing barriers of access to justice. Taluka Legal Services Committee (TLSC) selection of volunteers is from the members of the social organizations and Women Self Help Groups. Training programme shall be organized by the TLSC at the Taluka centers. The modalities of training may be decided by the TLSC in consultation with the District Legal Services Authority (DLSA). Training programme is to be planned in such a manner as to provide adequate exposure to the volunteers for generating legal awareness about the Constitutional and statutory rights and duties, general civil, criminal, substantial and procedural laws. Legal issues The Legal Services Authorities Act 1987, Rules and Regulations framed there under should be an integral part of the training programme. The training should be so oriented as to enable the trainees to act as effective coordinators with the TLSC at the first instance and then with District Legal Services Authorities, High Court Legal Services Committee, State Authority and Supreme Court Legal Services Committee. PROCEDURE RELATING TO TRAINING. 1. Para-Legal Volunteer’s training programme is to be conducted under the supervision of the Chairman and Secretary of the TLSC, in consultation with the DLSA.

13 2.A review meeting of the Volunteers shall be conducted by the TLSC once in three months and a repot shall be submitted to the DLSA within a week. A copy of the report shall be sent to the State Authority also. 3. The DLSA may allot a maximum of Rs.2000/- to the TLSC for each training session for providing refreshments to the trainees. 4. The TLSC may utilize the services of serving/retired judicial officers, law teachers, lawyers, law students, revenue officials, officers of the social welfare department and the law graduates among the court staff as resource persons for the training programme. Disqualifications of Para-Legal Volunteers and their removal No person shall be eligible to work as Para-Legal Volunteer if he/she; a) fails to evince a sustained interest in the scheme or; b) has been adjudged insolvent or; c) is accused for an offence in a criminal case or convicted by a criminal court or; d) has become physically or mentally incapable of acting as a ParaLegal Volunteer or; e) has abused his/her position or committed misconduct in any manner as to render his/her continuance prejudicial to public interest or; f) has willfully refused to obey the instructions of the DLSA/TLSC or; A Para-Legal Volunteer with any of the above disqualifications may be removed by the Chairman, TLSC. Such removal should be promptly reported to the DLSA and also to the State Authority. Duties of Trained Para-Legal Volunteers. 1. Para-Legal Volunteer shall educate people, especially those belonging to weaker sections of the society to enable them to be aware of the right to live with human dignity, to enjoy all the Constitutionally and statutorily guaranteed rights, performing the duties and discharging obligations as per law. 2. Para-Legal Volunteers shall make people aware of the nature of their disputes/issues/problems and inform them that they can approach the TLSC/DLSA/HCLSC/SLSA/SCLSC and that they can resolve the dispute/issue/problems through these institutions. 3. Para-Legal Volunteers shall assist the DLSA/TLSC for organizing legal awareness camps in their area of operation. 4. Para-Legal Volunteers shall generate awareness among people about the benefits of settlement of disputes through Lok Adalats, Conciliation, Mediation and Arbitration. 5. Para-Legal Volunteers shall propagate the facility of Pre-Litigation petitions in the TLSC/DLSA for inexpensive settlement of disputes. 6. Para-Legal Volunteers shall create awareness among citizens that if pending cases are settled through Lok Adalats the parties are entitled to refund of Court fee and that there is no appeal. 7. Para-Legal Volunteers shall make people aware of the benefits of inexpensive settlement of disputes relating to Public Utility Services like P&T, Telephones, Electricity, Water Supply, insurance and hospital services through Permanent Lok Adalats (PLA).

14 Para-Legal Volunteers shall submit monthly reports of their activities to the TLSC. 9. Para-Legal Volunteers shall see that publicity materials of legal services activities are exhibited at prominent places in there are of activity. Expenses incurred by Para-Legal Volunteers. Reasonable expenses incurred by Para-Legal Volunteers e.g. Bus/Train fare, Postage, Telephone charges etc., may be reimbursed by the TLSC/DLSA/SLSA, on production of proof and receipts may be obtained. Travel expenses limited to the lowest class by road/rail/steamer of the legal aid beneficiaries brought by the Para-Legal Volunteers also may be reimbursed at the discretion of the Chairman. Client Counselling for Tomorrow's Lawyers One of the significant functions of a lawyer is to advise the people who seek assistance in knowing the legal implications of their actions. The lawyer is looked upon to facilitate decision making in certain critical legal matters. This function of the lawyer influencing and facilitating decisions is called counselling. Bar Council of India, the highest professional body of lawyers, has a key role in Professional Legal Education.It has drawn up a detailed scheme on practical training consisting of professional ethics, barbench relations, contempt of court, moot court, pre-trial procedures, negotiations, interviewing and counselling, drafting of conveyances and pleadings, legal aid, public interest lawyering etc. The word 'Counsel' has its origin in the Latin word 'consilium' which means advice. counsel means advice and assistance given by one person to another in regard to a legal matter, proposed line of conduct, claim or contention. The process of counselling has two functions: 1. To help the person talk about, explore and understand his or her thoughts and feelings and workout that what he or she might do before taking action. 2. To help the person decide on his or her own solutions. Lawyers counsel the client in deciding how his problem can be sorted out under the laws. Legal counselling is the process by which a lawyer communicates advice to a client. Client Interviewing : In a lawyer - client meeting, the client opens up and talks his problem and concerns and expresses his expectations. The lawyer listens, notes down and questions the client for necessary information. There is a sharing of information, views and needs through verbal communication. This communication which is the life blood for effective counseling is called 'interviewing'. Purpose of Client interviewing : The lawyers require to know the factual dimensions of their client's situation. Factual matrices are the conditions for laws to operate. "Neat packages of fact are a predicate for professional activity by lawyers".One fundamental purpose of interviewing is to know the facts story. The responsibility of gathering the facts is that of the lawyer. The fact that the client has approached a lawyer itself conveys that he or she has identified some legal problems. But the client may not know what matters, facts, instances and documents are significant and relevant. The lawyer will have to extract the necessary information and identify the legally sensitive facts. Expression of feelings like disillusionment, disgustion, pain etc can also 8.

15 constitute important facts. Identification of witnesses, documents etc, are also done by interviewing. Initial and Subsequent Interviewing: Interviewing the client may be a continuous process as the matter proceeds. There may be cases of a single interview and counselling. The client may be very nervous or skeptical. It may be nerve wracking for the client. Lawyers shall develop the ability to spot nervousness and the capability to tackle such clients. An informal friendly enquiry, offering refreshments, changing environment may be required to make such clients comfortable. Interviewing Techniques : Interviewing is a very purposeful activity and attending to small things in a meticulous manner can provide fruitful results. Counsellors should be patient and careful listeners. That the client has approached a particular lawyer shows that he/she trusts the lawyer and a patient hearing will only enhance the trust. Before Counselling : Counselling is a professional activity anchored on the special knowledge of the counsellor. The client in most cases absolutely surrenders his matter to the lawyer and accepts his suggestion in toto. The lawyer is duty bound to uphold the best interests of his clients by all fair and honourable means. The lawyer shall understand the following before counselling a client1. The facts pertaining to the clients' situation 2. Clients' perspectives and expectations 3. Clients' concerns as to costs, consequences and risks 4. Law applicable 5. Considerations of justice, fairness and morality 6. Bar Council Code of Ethics During Counselling : Lawyer shall act responsibly while communicating legal advice to the client.Care shall be taken to speak in client's language. A lay man cannot appreciate legal terminology. It shall be the duty of the lawyer to assist the client in understanding his rights and duties. The lawyer shall explain all options in the situation with consequences and costs. Assistance in making choice from available options shall be rendered. No option shall be forced upon the client. An advocate shall not, at any time, be a party to fomenting of litigation. The lawyer shall be objective and honest and explain the weakness of the case as well. Effective Counselling : Effective presentation of a legal opinion/advice depends on several important requirements. Substantial thoroughness in the knowledge of law and procedure is a must. Logical and critical thinking will enhance appreciation of the objective dimensions of the client's situation. Good inter personal skills will help in interviewing the client properly and broadening the information base. Sharp comprehension skills will be required to appreciate the expectation and concerns of the client. Liberal education about developments and happenings around is also important. Clarity of thought and good communication skills are essential to send the message across to the client.