Lok Sabha Question No. 1817 (UNSTARRED), answered on 2020-09-21
Subject: Legal Services
Ministry: LAW AND JUSTICE
Asked by: Amol Ramsing Kolhe, DNV Senthilkumar. S., Kuldeep Rai Sharma, Subhash Ramrao Bhamre, Supriya Sadanand Sule, Manickam Tagore B

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

******

## LOK SABHA

## UNSTARRED QUESTION NO. 1817 TO BE ANSWERED ON MONDAY, THE 21 st  SEPTEMBER, 2020 Legal Services

1817. DR. AMOL RAMSING KOLHE: DR. DNV SENTHILKUMAR S.: DR. SUBHASH RAMRAO BHAMRE: SHRI KULDEEP RAI SHARMA: SHRIMATI SUPRIYA SULE: SHRI MANICKAM TAGORE B.:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) the  criteria  and  procedure  for  appointment  of  panel  of  lawyers  by  legal services authorities at the district and sub-divisional levels;
- (b) whether there is a standard remuneration given to legal aid lawyers per case for  magistrate  and  sessions  courts  and  if  so,  the  details  thereof,  State/UTwise;
- (c) whether National Legal Services Authority (NALSA) appointed committee has recommended  minimum  fees  for  panel  lawyers  and  if  so,  whether  the Government has accepted the recommendations and implementing the same;
- (d) whether many of the lawyers who are required to provide free legal services are also charging fees from their clients; and
- (e)  if  so,  the  details  thereof  and  the  action  taken  by  the  Government  in  this regard?

## ANSWER

## MINISTER OF LAW & JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

- (a) 'The  National  Legal  Services  Authority  (Free  and  Competent  Legal  Services) Regulations,  2010'  provides  for  criteria  and  procedure  for  selection  of  legal practitioners as panel lawyers. The selection of the panel lawyers is made by the  Executive  Chairman  or  Chairman  of  the  Legal  Services  Institution  in
- consultation  with  the  Attorney  General  [for  the  Supreme  Court],  Advocate General  [for  the  High  Court],  District  Attorney  or  Government  Pleader  [for District and Taluka level] and the Monitoring and Mentoring Committee set up under  regulation  10.  The  Executive  Chairman  or  Chairman  of  the  Legal Services Institution may also suo moto empanel any legal practitioner as panel lawyer. The regulations provides for a minimum of three years' experience at the Bar for a legal practitioner to be empanelled.
- (b) and (c) The fee payable to the lawyers is fixed by each State Legal Services Authority (SLSA). The fee varies from State to State depending upon the fee charged by the lawyers in that State and also, the fee payable to Government Advocates,  Special  Prosecutor,  Amicus  Curiae,  etc.  However,  a  Committee appointed by NALSA made its recommendations for a minimum fee to be paid to  panel  lawyers  which  was  adopted  by  Central  Authority  of  NALSA  in  its meeting dated 9 th April,  2016.  All  the  SLSAs  were  asked  to  adopt  the  same. The schedule of the minimum fee as approved by the Central Authority is as under:

## Subordinate Courts at all levels including Tribunals

- i. Drafting of substantive pleading such as Suit, Matrimonial Proceedings such as Divorce, Maintenance, Custody, Restitution etc., Succession, Probate, Memo  of Appeal, Revision, Written Statement, Reply, Rejoinder, Replication etc. - Rs.1,200/-.
- ii. Drafting  of  Miscellaneous  applications  such  as  stay,  bail,  direction, exemption  etc.  -  Rs.400/-  per  application  subject  to  maximum  of Rs.800/- for all applications.
- iii. Appearance  -  Rs.750/-  per  effective  hearing  and  Rs.500/-  for  noneffective hearing subject to a maximum of Rs.7,500/- (per case).

## High Court

- i. Drafting of substantive pleading such as Writ Petition, Counter Affidavit, Memo of Appeal, Revision, Reply, Rejoinder, Replication- Rs.1,500/-.
- ii. Drafting  of  Miscellaneous  applications  such  as  stay,  bail,  direction, exemption  etc.  -  Rs.500/-  per  application  subject  to  maximum  of Rs.1,000/- for all applications.
- iii. Appearance  -  Rs.1,000/-  per  effective  hearing  and  Rs.750/-  for  noneffective hearing subject to maximum of Rs.10,000/- (per case).

A statement containing the information regarding the fee of Panel Lawyers is equal to/more than/less than the fee prescribed by NALSA is at Annexure-A.

- (d) and (e) The panel lawyers shall not ask for or receive any fee, remuneration or any valuable consideration in any manner, from the person to whom he has rendered legal services, as per Section 8 (16) of the National Legal Services Authority  (Free  And  Competent  Legal  Services)  Regulations,  2010.  Under Section  8  (17)  of  these  regulations,  if  the  panel  lawyer  engaged  is  not performing satisfactorily or has acted contrary to the object and spirit of the Act and  these  regulations,  the  Legal  Services  Institution  shall  take  appropriate steps including withdrawal of the case from such lawyer and his removal from the panel.

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| Statement as referred to in reply to Lok Sabha Unstarred Question No. 1817 for answering on 21.09.2020 raised by Dr. Amol Ramsing Kolhe, Dr. DNV Senthilkumar S., Dr. Subhash Ramrao Bhamre, Shri Kuldeep Rai Sharma, Shrimati Tagore B., MPs - Legal Services.   | Statement as referred to in reply to Lok Sabha Unstarred Question No. 1817 for answering on 21.09.2020 raised by Dr. Amol Ramsing Kolhe, Dr. DNV Senthilkumar S., Dr. Subhash Ramrao Bhamre, Shri Kuldeep Rai Sharma, Shrimati Tagore B., MPs - Legal Services.   | Statement as referred to in reply to Lok Sabha Unstarred Question No. 1817 for answering on 21.09.2020 raised by Dr. Amol Ramsing Kolhe, Dr. DNV Senthilkumar S., Dr. Subhash Ramrao Bhamre, Shri Kuldeep Rai Sharma, Shrimati Tagore B., MPs - Legal Services.   |
|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| S.No.                                                                                                                                                                                                                                                             | Supriya Sule and Shri Manickam State Legal Services Authority                                                                                                                                                                                                     | Whether the fee of Panel Lawyers is equal to/more than/less than the fee prescribed by NALSA in 2016.                                                                                                                                                             |
| 1                                                                                                                                                                                                                                                                 | Andhra Pradesh                                                                                                                                                                                                                                                    | Equal                                                                                                                                                                                                                                                             |
| 2                                                                                                                                                                                                                                                                 | Arunachal Pradesh                                                                                                                                                                                                                                                 | Equal                                                                                                                                                                                                                                                             |
| 3                                                                                                                                                                                                                                                                 | Assam                                                                                                                                                                                                                                                             | Equal                                                                                                                                                                                                                                                             |
| 4                                                                                                                                                                                                                                                                 | Bihar                                                                                                                                                                                                                                                             | Equal                                                                                                                                                                                                                                                             |
| 5                                                                                                                                                                                                                                                                 | Chhattisgarh                                                                                                                                                                                                                                                      | Equal                                                                                                                                                                                                                                                             |
| 6                                                                                                                                                                                                                                                                 | Goa                                                                                                                                                                                                                                                               | Equal                                                                                                                                                                                                                                                             |
| 7                                                                                                                                                                                                                                                                 | Gujarat                                                                                                                                                                                                                                                           | More                                                                                                                                                                                                                                                              |
| 8                                                                                                                                                                                                                                                                 | Haryana                                                                                                                                                                                                                                                           | Equal                                                                                                                                                                                                                                                             |
| 9                                                                                                                                                                                                                                                                 | Himachal Pradesh                                                                                                                                                                                                                                                  | Equal                                                                                                                                                                                                                                                             |
| 10                                                                                                                                                                                                                                                                | Jammu and Kashmir                                                                                                                                                                                                                                                 | Equal                                                                                                                                                                                                                                                             |
| 11                                                                                                                                                                                                                                                                | Jharkhand                                                                                                                                                                                                                                                         | Equal                                                                                                                                                                                                                                                             |
| 12                                                                                                                                                                                                                                                                | Karnataka                                                                                                                                                                                                                                                         | Equal                                                                                                                                                                                                                                                             |
| 13                                                                                                                                                                                                                                                                | Kerala                                                                                                                                                                                                                                                            | More                                                                                                                                                                                                                                                              |
| 14                                                                                                                                                                                                                                                                | Madhya Pradesh                                                                                                                                                                                                                                                    | Equal                                                                                                                                                                                                                                                             |
| 15                                                                                                                                                                                                                                                                | Maharashtra                                                                                                                                                                                                                                                       | Equal                                                                                                                                                                                                                                                             |
| 16                                                                                                                                                                                                                                                                | Manipur                                                                                                                                                                                                                                                           | Equal                                                                                                                                                                                                                                                             |
| 17                                                                                                                                                                                                                                                                | Meghalaya                                                                                                                                                                                                                                                         | Equal                                                                                                                                                                                                                                                             |
| 18                                                                                                                                                                                                                                                                | Mizoram                                                                                                                                                                                                                                                           | Equal                                                                                                                                                                                                                                                             |
| 19                                                                                                                                                                                                                                                                | Nagaland                                                                                                                                                                                                                                                          | Equal                                                                                                                                                                                                                                                             |
| 20                                                                                                                                                                                                                                                                | Odisha                                                                                                                                                                                                                                                            | Equal                                                                                                                                                                                                                                                             |
| 21                                                                                                                                                                                                                                                                | Punjab                                                                                                                                                                                                                                                            | More                                                                                                                                                                                                                                                              |
| 22                                                                                                                                                                                                                                                                | Rajasthan                                                                                                                                                                                                                                                         | More                                                                                                                                                                                                                                                              |
| 23                                                                                                                                                                                                                                                                | Sikkim                                                                                                                                                                                                                                                            | Equal                                                                                                                                                                                                                                                             |
| 24                                                                                                                                                                                                                                                                | Tamil Nadu                                                                                                                                                                                                                                                        | Equal                                                                                                                                                                                                                                                             |
| 25                                                                                                                                                                                                                                                                | Telangana                                                                                                                                                                                                                                                         | Equal                                                                                                                                                                                                                                                             |
| 26                                                                                                                                                                                                                                                                | Tripura                                                                                                                                                                                                                                                           | Equal                                                                                                                                                                                                                                                             |
| 27                                                                                                                                                                                                                                                                | Uttar Pradesh                                                                                                                                                                                                                                                     | Equal                                                                                                                                                                                                                                                             |
| 28                                                                                                                                                                                                                                                                | Uttarakhand                                                                                                                                                                                                                                                       | More                                                                                                                                                                                                                                                              |
| 29                                                                                                                                                                                                                                                                | West Bengal                                                                                                                                                                                                                                                       | Equal                                                                                                                                                                                                                                                             |
| 30                                                                                                                                                                                                                                                                | Andaman and Nicobar Islands                                                                                                                                                                                                                                       | Equal                                                                                                                                                                                                                                                             |

|   31 | Chandigarh             | Equal   |
|------|------------------------|---------|
|   32 | Dadra and Nagar Haveli | Less    |
|   33 | Daman and Diu          | Equal   |
|   34 | Delhi                  | More    |
|   35 | Lakshadweep            | Less    |
|   36 | Puducherry             | Equal   |