1. NATIONAL JUDICIAL ACADEMY

 

            The National Judicial Academy has been set up by the Government of India to provide in-service training to Judicial Officers. The Academy was registered on 17 August 1993 under the Societies Registration Act, 1860. The Academy is located in Bhopal with its registered office in New Delhi. The National Judicial Academy building was inaugurated by the President of India on 5 September 2002. The Academy will provide training and continuing education to judicial officers of States/ UTs as well as ministerial officers working in the Supreme Court of India and the High Courts. The Academy will also function as a centre of excellence in judicial education, research and training.

 

  1. LEGAL AID

 

            Article 39A of the Constitution of India provides for free legal aid to the poor and weaker sections of the society and ensures justice for all. Article 14 and 22(1) of the constitution also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on the basis of equal opportunity to all . In 1987, the Legal Services Authorities Act was enacted by the Parliament which came into force on 9th November, 1995 with an object to establish a nationwide             uniform network for providing free and competent legal services to the weaker sections of the society on the basis of equal opportunity. The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to monitor and evaluate implementation of legal services available under the Act.

 

  1. FUNCTIONING OF NALSA

 

            The NALSA issues guidelines for the State Legal Services Authorities to implement the Legal Aid Programmes and schemes throughout the country.

            Primarily, the State Legal Services Authorities, District Legal Services Authorities, Taluka Legal Services Committees, etc. have been asked to discharge the following two main functions on regular basis:-

1.                    To Provide Free Legal Services to the eligible persons; and

2.                    To organize Lok Adalats for amicable settlement of disputes.

 

 

 

 

 

 

4. FREE LEGAL SERVICES

 

            The Free Legal Services include: - (1) Payment of court fee, process fees and all other charges payable or incurred in connection with any legal proceedings; (2) Providing Advocate in legal proceedings; (3) Obtaining and supply of certified copies of orders and other documents in legal proceedings; (4) Preparation of     appeal, paper book including printing and translation of documents in legal proceedings.

            Eligible persons for getting free legal services include:- (1) Women and children; (2) members of SC/ST; (3) Industrial workmen; (4) Victims of mass disaster; violence, flood, drought, earthquake, industrial disaster; (5) disabled persons; (6) Persons in custody; (7) Persons whose annual income does not exceed Rs.50,000/-(8) Victims of Trafficking in Human beings.

 

5. LOK ADALATS

 

            Lok Adalat is a forum where the disputes/ cases pending in the court of law or at prelitigation stage are settled/ compromised amicably. The Lok Adalat has been given statutory status under the Legal Services Authorities Act, 1987. Under this Act, an award made by a Lok Adalat is deemed to be a decree of civil court and is final and binding on all parties and no appeal lies against thereto before any court. Lok Adalats are being organized by the Legal Services Authorities/ Committees u/s 19 of the Legal Services Authorities Act, 1987. Matters such as Matrimonial/ Family disputes. Criminal (Compoundable Offences) cases, Land Acquisition Cases, Labour Disputes, Workmen’s Compensation cases, Bank Recovery cases, Pension cases, Housing Board and slum clearance cases & Housing Finance cases. Consumer Grievance cases, Electricity matters, disputes relating to Telephone Bills, Municipal matters including House Tax cases. Disputes with Cellular Companies etc. are being taken up in Lok Adalats.

 

6. ALTERNATIVE DISPUTE REDRESSAL (ADR)

 

            With the Steep growth in the number of laws and the number of cases, the Court system is under great pressure. In order to reduce the heavy demand on Court        time, efforts need to be made to resolve the disputes by resorting to Alternative Dispute Resolution Methods before they enter the portals of the court. The Arbitration, Mediation and Conciliation are tools of alternative Dispute Redressal System.

 

a. ARBITRATION

            Arbitration is a process in which a neutral third party or parties render a decision based on the merits of the case. In the Indian context the scope of the rules for the arbitration process are set out broadly by the provisions of the Arbitration and Conciliation Act 1998 and in the areas uncovered by the Statute the parties are free to design an arbitration process appropriate and relevant to their disputes.    

b. MEDIATION

            The Process of mediation aims to facilitate the development of a consensual         solution by the disputing parties. The Mediation process is overseen by a non-partisan third party-the Mediator. The authority of the mediator vests on the consent of the parties that he should facilitate their negotiations.

 

c. CONCILIATION

            This is a process by which resolution of disputes is achieved by compromise or voluntary agreement. In contrast to arbitration, the conciliator does not render a         binding award. The parties are free to accept or reject the recommendations of the conciliator.

 

7. LEGAL PROFESSION

            In India, the law relating to legal profession is governed by the Advocates Act, 1961 and the rules framed there under by the Bar Council of India. It is a self-    contained code of law relating to legal practitioners and provides for the constitution of State Bar Councils and Bar Council of India. A person enrolled as an advocate under the Advocates Act, 1961, is entitled to practice law throughout the        country. An advocate on the roll of a State Bar Council may apply for transfer to the roll of any other State Bar Council in the prescribed manner. No person can be enrolled as an advocate on the rolls of more than one State Bar Council. There are two classes of advocates, namely, senior advocates and other advocates. An advocate with his consent, may be designated as a senior advocate, if the Supreme Court or a     High Court is of the opinion that by virtue of his ability, standing at the Bar or special knowledge or experience in law, he deserves such distinction. A senior advocate cannot appear without an advocate-on-record in the Supreme Court or without some other advocate on the State Roll in any other court or tribunal. Standards of education have been prescribed for enrolment as an advocate. There are also rules regulating standards of professional conduct and etiquette and other matters. State Bar Councils have disciplinary jurisdiction over advocates whose names appear on their rolls. This is subject to right of appeal to the Bar Council of India and a further right of appeal to the Supreme Court of India.

 

8. NATIONAL TAX TRIBUNAL

            Having realized the need for uniformity, certainty in the administration of taxation laws and on the recommendation of the Chokshi Committee the National Tax Tribunal Act, 2005 was enacted on 21st December, 2005 for hearing appeals, instead of High Courts, against the orders passed by the Income-tax Appellate Tribunal and the Central Excise, Customs and Service Tax appellate Tribunal. The National Tax Tribunal Act, 2005 was brought into force by the notification of the Government of India S.O. 1826(E) on 28th December, 2005. However, the National Tax Tribunal could not be made functional due to pendency of case before the Hon’ble Supreme Court.

 

 

 

9. LAW COMMISSION OF INDIA

            The 18th Law Commission was reconstituted on 1 September 2006 for a period of three years with Hon’ble Dr. Justice A. R. Lakshmanan as its Chairman.    The terms of reference of the 18th Law Commission are: (a) Review/ Repeal of         obsolete laws: (i) to identify laws which are no longer needed or relevant and can be immediately repealed; (ii) to identify laws which are in harmony with the existing climate of economic liberalization which need no change; (iii) to identify laws which require changes or amendments and to make suggestions for their amendment. (iv) to consider references made to it by Ministries/ Departments in respect of legislation having bearing on the working of more than one Ministry/ Department. (v) to suggest suitable measures for quick redressal of citizens grievances, in the field of law. Various subjects were taken up by the Commission suo motu in view of the importance of the issues while some subjects were taken up on a reference from the Government/ Supreme Court of India. The Commission has so far submitted 201 reports.

 

10.     DIRECT TAX REVENUE EXCEEDS INDIRECT TAX REVENUE IN 2007-08

            As a result of continued process of tax reforms adopted in Indian economy, the share of direct taxes in gross tax revenue of the Central Government is exceeding over the share of indirect taxes. The fiscal year 2007-08 has become a landmark because for the first time in country’s fiscal history, the direct tax has contributed           more than 50% in centre’s revenue collection. During 2007-08 total revenue collections from direct taxes were Rs.314468 crores which exceeds about             Rs.34000 crores over the revenue collected from indirect taxes.

 

The government has also revised its budget estimates for direct tax collections for             the year 2008-09. The original budget figures for direct tax collections stood at Rs. 365000 crores which has been revised up by about Rs.30000 crores to Rs. 395000 crores for the year 2008-09. The revised figure is over 25% higher than   the direct tax collections of Rs.314468 crores in the year 2007-08.