Center For Legal Research And Anr. vs State Of Kerala on 2 May, 1986 Equivalent citations: AIR1986SC1322, 1986(1)SCALE907, (1986)2SCC706, 1986(2)UJ445(SC), AIR 1986 SUPREME COURT 2195, (1986) 3 SCJ 17, (1986) 3 SUPREME 223, 1986 (1) SCWR 238, 1986 SCC(CRI) 246, 1986 2 UJ (SC) 445, 1986 (2) SCC 706, AIR 1986 SUPREME COURT 1322, 1986 UJ(SC) 2 445 (1986) 3 SCWR 238, (1986) 3 SCWR 238 Author: P.N. Bhagwati Bench: P.N. Bhagwati, M.M. Dutt, V. Khalid JUDGMENT P.N. Bhagwati, C.J. 1. This writ petition raises a question as to whether voluntary organisations or social action groups engaged in the legal aid programme should be supported by the State Government and if so to what extent and under what conditions. There can be no doubt that if the legal aid programme is to succeed it must involve public participation. The State Government undoubtedly has an obligation under Article 39A of the Constitution which embodies a directive principle of State policy to set up a comprehensive and effective legal aid programme in order 1 to ensure that the operation of the legal system promotes justice on the basis of equality. But we have no doubt that despite the sense of social commitment which animates many of our officers in the Administration, no legal aid programme can succeed in reaching the people if its operation remains confined in the hands of the Administration. It is absolutely essential that people should be involved in the legal aid programme because the legal aid programme is not charity or bounty but it is a social entitlement of the people and those in need of legal assistance can not be looked upon as mere beneficiaries of the legal aid programme but they should be regarded as participants in it. If we want to secure people's participation and involvement in the legal aid programme, we think the best way of securing it is to operate through voluntary organisations and social action groups. These organisations are working amongst the deprived and vulnerable sections of the community at the grass-root level and they know what are the problems and difficulties encountered by these neglected sections of Indian humanity. They have their finger on the pulse of the people and they know from their own experience as to what are the unmet legal needs of the people, what are the sources of exploitation and injustice to the under-privileged segments of society and what measures are necessary to be taken for the purpose of ending such exploitation and injustice and reaching social and distributive justice to them. We are therefore definitely of the view that voluntary organisations and social action groups must be encouraged and supported by the State in operating the legal aid programme. It is Center For Legal Research And Anr. vs State Of Kerala on 2 May, 1986  1 now acknowledged throughout the country that the legal aid programme which is needed for the purpose of reaching social justice to the people cannot afford to remain confined to the traditional or litigation oriented legal aid programme but it must, taking into account the socio-economic conditions prevailing in the country, adopt a more dynamic posture and take within its sweep what we may call strategic legal aid programme consisting of promotion of legal literacy, organisation of legal aid camps, encouragement of public interest litigation and holding to lok adaltas or niti melas for bringing about settlements of disputes whether pending in courts or outside. The assistance of voluntary agencies and social action groups must therefore be taken by the State for the purpose of operating the legal aid programme in its widest and most comprehensive sense, and this is an obligation which flows directly from Article 39A of the Constitution. But at the same time it is necessary to point out that the State cannot be asked to encourage and support any and every voluntary organisation or social action groups because there are types and types of voluntary organisations and social action groups in the country and if the State were required to encourage and support other voluntary organisation or social action group for operating the legal aid programme and particularly the strategic programme comprising legal aid camps and lok adalats, the possibility of abuse of such encouragement or support cannot be ruled out. It is therefore necessary to lay down norms which should guide the State in lending its encouragement and support to voluntary organisations and social action groups in operating legal aid programmes and organising legal aid camps and lok adalats or niti melas. We are of the view that the following norms should provide sufficient guidance to the State in this behalf and we would direct that the State Government shall, in compliance with its obligations under Article 39A of the Constitution extend its cooperation and support to the following categories of voluntary organisations and social action groups in running the legal aid programme and organising legal aid camps and lok adalats or niti melas: 1) Voluntary organisations and social action groups which are recognised by the Committee for Implementing Legal Aid Schemes set up by the Government of India or whose programme or programmes are supported by way of grant or otherwise by the Government of India or the State Government or the Committee for Implementing Legal Aid Schemes or the State Legal Aid and Advice Board, 2) Voluntary organisations and social action groups which organise legal aid camps or lok adaltas or niti melas in conjunction with or with the support of the Committee for Implementing Legal Aid Schemes or the Kerala Stale Legal Aid and Advice Board. 3) Voluntary organisations and social action groups which are recognised by the State Government or the State Legal Aid and Advice Board on an application being made in that behalf. Every voluntary organisation or social action group falling within Clause (1), (2) or (3) above and to which cooperation and support are directed to be extended by the State Government shall furnish whatever factual information is required by the Central Goverment or the State Government or the Committee for Implementing Legal Aid Schemes or the State Legal Aid and Advice Board, but we may make it clear that such voluntary organisation or social action group shall nor be under the Center For Legal Research And Anr. vs State Of Kerala on 2 May, 1986  2 control or direction or supervision of the State Government or the State Legal Aid and Advice Board because we take the view that voluntary organisations and social action groups operating these programmes should be totally free from any Government control. 2. The writ petition will stand disposed of in these terms. Center For Legal Research And Anr. vs State Of Kerala on 2 May, 1986  3