Para Legal Services in India

 

Author: Kunal Keshri, Bennett University

Abstract

Paralegal service is an emerging legal field. Objective of this topic is to get an understanding of the function that paralegals play in the administration of justice. To be aware of the challenges involved in the actual implementation of paralegal services. In order to determine the real and practical conditions of the system of enforcement for Para-Legal Services, such as Legal Services authorities, Committees, Legal Aid Clinics, Law Colleges or Universities, and other Institutions, it is necessary to identify these conditions. To provide findings, solutions, suggestions, as well as an effective and practical approach and implementation, with the goal of protecting, developing, educating, and improving the welfare of economically weaker and vulnerable sections of the population.

Introduction

Paralegal Services serve a key role in the administration of justice as one of the primary foundations, ensuring the ends and delivery of justice in India. Like Para-Military Forces, who support the military in emergencies and in medical professions such as Paramedics in India, Para-Legal Services have been formed. Paralegals and Para-Legal Services are needed to implement Legal-Aid Services, schemes, programs, legal services, and other aspects of justice administration. The Legal Services Authority Act 1987 defines “Legal Service'' as the conduct of any litigation or other proceedings before any court or other authority or tribunal and the rendering of legal advice.

What is “Para-legal”?

Paralegal services are a lawyer's auxiliary services. In 2009, the National Legal Services Authority (NALSA) released a program called the Para-Legal Volunteers Scheme, which aimed to provide legal training to volunteers selected from diverse backgrounds in order to ensure that Legal-Aid reaches all segments of the population, thereby removing the barriers to access to justice. To remove barriers to access to justice, Para-Legal Volunteers are expected to act as intermediaries between the general public and legal services institutions. Ultimately, the procedure intends for Legal Services Institutions to reach out to individuals at their homes, as opposed to individuals approaching Legal Services Institutions.

It is possible to say that Para-Legal services are the procedures that paralegals do or complete in order to implement Legal-Aid services, schemes, programs, or legal services, or other related things, in order to support or assist and secure justice.

Activities under Para-Legal Services:

Initial advice, Drafting, Lokayukta, Administrative Tribunals, Legal Translations, Document Management, E-filing, Secretarial and paralegal business process services, etc.

Legal Aid vis-à-vis Para Legal Services

Legal-Aid Programs, Schemes, Legal Services, and other related things are implemented with the help of Paralegals by means of Para-Legal Services, providing supporting assistance, for fulfilling the ends of justice. Paralegals help implement legal-aid programmes, schemes, legal services, and other related things. Because millions of our citizens feel they have been wronged in some way, it is imperative that we commit ourselves to the burdensome attempt of turning the democratic society in which we live into one in which equal justice is guaranteed for all. Only then will we be able to fulfil the promise of equal justice in our society. A true democracy must adhere to a number of essential tenets, the most important of which is that its citizens must have access to both education regarding their legal rights as well as the right to legal representation when asserting or defending those rights.

As a result, the emergence of legal literacy ought to fundamentally be understood within the context of the continual socialisation of laws and the legal process. Literacy in the law means having a fundamental understanding of both the legal system and the laws that govern it. This provides the average individual with the tools necessary to participate effectively in the development process. 

Legal Provisions

Equal Justice and Free legal aid under Article 39A of the constitution of India: The state must make sure that the legal system works in a way that promotes justice and gives everyone the same chances. In particular, the state must provide free legal aid through laws, programmes, or other means to make sure that no citizen is unable to get justice because of money or other problems. The Court can't rule on this or make it happen. It is only required by the Directive Principle of the State Policy, but it is very important to how the country is governed. In the case of M.M. Haskot v. State of MaharashtraArticle 21 of the Indian Constitution says that everyone has the right to free Legal Aid.

The laws that apply to Legal-Aid Services are Articles 39A, 14, 21, and 22 of Indian  Constitution, Section 304 of the Criminal Procedure Code 1973, Section 89, Orders 33 and 44 of Schedule I of the Civil Procedure Code 1908, and the Legal Services Authorities Act of 1987.

"Legal Service includes the rendering of any service in the conduct of any case or other legal proceedings before any court or other authority or tribunal and the giving of advice on any legal matter ". Several pieces of legislation, including the Legal Services Authorities Act 1987 and its allied rules and regulations, and notifications as well as the Lok Adalat Program 1997 and the Legal Literacy Camp Program 1999, as well as the National Legal Services Authority (Legal Aid Clinics) Regulation 2011, address the issue of legal and paralegal services in India. Under the Legal Services Authority Act 1987, the following is the enforcement hierarchy of the Legal & Para-Legal Services:

The Legal Services Authorities:

I.                The National Legal Services Authority,

II.              The State Legal Services Authorities,

III.            The District Legal Services Authorities.

 The Legal Services Committee:

  I.          The Supreme Court Legal Services Committee,

II.          The High Court Legal Services Committee,

                    III.          The Taluk Legal Services Committee.

Legal Aid Clinics are under the National Legal Services Authority (Legal Aid Clinics) Regulation 2011. The Legal Aid Clinics are established under the National Legal Services Authority (Legal Aid Clinics) Regulation 2011 as follows:

  I.          The Legal Aid Clinics (at the levels of Colleges/Universities in field of Law)

II.          The Legal Aid Clinics (at the levels of Local bodies like: Village Panchayat, Block Panchayat, Municipality, Corporations etc.

                     III.           The Legal Aid Clinics (at the levels of other Institutions)

The hierarchy of the enforcement system of the Legal & Para-Legal Services under the Constitution of India are as under:

 1. The Supreme Court of India (under Articles 32, 136, 137, & 139),

2. The High Court (under Articles 226 & 227).

 

Problems

The Indian judicial system is the most effective, powerful, and able to get things done. But there are many things that get in the way of justice and the Indian judiciary. For example, there are a lot of cases waiting to be heard, judges aren't always on the job, some vacant posts, and procedures can be long and complicated. As a result, the people criticise the Indian judiciary and government, which is not good for the people. Now, the most important question is who is responsible, liable, accountable, and has to answer for it. In this way, the Para-Legal Services in India are the worst and most miserable compared to those in other countries. The main reasons are that laws aren't being followed and new ones aren't being made. Human Rights in relation to Legal and Para-Legal services are also not in good shape. When it comes to the organising of Lok Adalats, most lawyers and advocates are against the idea of using negotiation or arbitration to settle disputes or problems that arise during Lok Adalat proceedings. Mediation and conciliation because if the disputes, matters, or problems are settled or compromised in the Lok Adalat then the same shall be disposed of accordingly, and as a consequence of the same being disposed of accordingly, who will pay the fees or required sum of amount to Lawyers or Advocates? The question of their ability to survive will afterwards arise. Therefore, the challenges or problems of Lawyers and Advocates need to be resolved, or some action needs to be taken in this subject, such as the creation of legislation for the benefit of Lawyers and Advocates.