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A REPORT ON PUBLIC INTEREST LAWYERING, LEGAL AID AND PARA LEGAL SERVICES- by Tezoswie Dowarah

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A REPORT ON PUBLIC INTEREST LAWYERING, LEGAL AID AND PARA LEGAL SERVICES- by Tezoswie Dowarah
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A
REPORT SUBMITTED TO
DIBRUGARH UNIVERSITY
AS A PART OF THE PRACTICAL PAPER (0705)

(PUBLIC INTEREST LAWYERING, LEGAL AID AND PARA LEGAL
SERVICES)

In Partial Fulfillment of the
Seventh Semester, B.A.LL.B Course, 2009
B.A.LL.B. Degree, 2009.

Submitted by

Tezoswie Dowarah
7th Semester, Class Roll No. 09
Examination Roll No. D.U. 58/06
Registration No. 00829 of 2006-2007 of Dibrugarh University


C e n t r e f o r J u r i d i c a l S t u d i e s
D i b r u g a r h U n i v e r s i t y


PREFACE

The Constitution of India and Other legislation provide various provisions related
with the public interest lawyering, legal aid and Para legal services. In this subject we are
to study about Public Interest Litigation, Legal Aid Services, Free Legal Aid, Legal
Literacy and Awareness, Law Office Management etc.
The whole study has been arranged into four chapters. The first chapter deals with
‗School Teaching Assignment‘. This chapter introduces various aspects of school teaching
such as origin, development, maxim of teaching, teaching devices, classroom methods of
teaching, assignment matter of school teaching.
The second chapter deals with the assignment of Lok Adalat. The chapter covers
the meaning, origin, characteristics, organization, fees, procedure, intake, award, power,
and importance of Lok Adalat, Permanent Lok Adalat, Lok Adalat Assignment.
The third chapter of the report deals with Law Office Management and practical
assignment on advocate‘s chamber attendance. The fourth chapter deals with legal
awareness camps campaigned by the Centre for Juridical Studies, Dibrugarh University.
An attempt has been made to explain the topics mentioned above clearly and to jot
down the experiences gathered from the field study.
I express my thankful gratitude to lecture Dinamoni Thakuria, lecture Baharul
Islam and lecture Deepom Baruah, of Centre for Juridical Studies, Dibrugarh University,
for their inspiration and guidance for carrying out the assignment properly. I offer my
special thanks to Advocate Jainuddin Ahmed, a practicing advocate and one of our guest
lecturers for sparing his office and helping us to do this work.
I also express my thanks to my family members and some of my friends who
helped me in each and every step towards the completion of the work.










Centre for Juridical Studies



TEZOSWIE DOWARAH
Dibrugah University,




Student of Seventh Semester
Dibrugarh.


CONTENTS
Page
Chapter- I
ASSIGNMENTON SCHOOL TEACHING


01-09
1.1
Introduction





01
1.2
Origin






01
1.3
Maxims of Teaching






02
1.4
Teaching Devices






03
1.5
Some Classroom methods of Teaching



03
1.6
Assignment Matter on School Teaching



04
1.7
Conclusion







09
Chapter- II ASSIGNMENT ON LOK ADALAT


10-20
2.1
Introduction







10

2.2
Meaning







10
2.3
Origin







10
2.4
Characteristics of Lok Adalat





11
2.5
Organization







11
2.6
Fees








11
2.7
Procedure







12
2.8
Intake







12
2.9
Legislation pertaining to Lok Adalat




12
2.10
Finality of Lok Adalat Award





13
2.11
Power







13
2.12
Importance







14
2.13
Permanent Lok Adalat





14
2.14
Organization of Permanent Lok Adalat



14
2.15
Cognizance of cases of Permanent Lok Adalat


15
2.16
Procedure of Permanent Lok Adalat




15
2.17
Difference between Lok Adalat and Permanent Lok Adalat

16


page
2.18
Difference between Lok Adalat or Permanent Lok Adalat and Court
16
2.19
Lok Adalat Assignments





16
2.20
Conclusion







19
Chapter- III ASSIGNMENT ON LAW OFFICE MANAGEMENT
21-24

3.1
Introduction







21

3.2
Factors for Success in Legal Profession



21

3.3
Law Office Management





22

3.4
Practical Assignment on Advocate‘s Chamber Attendance

24

3.5
Conclusion







24
Chapter- IV ASSIGNMENT ON LEGAL AWARENESS CAMP

25-29
4.1
Introduction







25

4.2
Constitutional Provisions





25

4.3
Statutory Provisions






26

4.4
Legal Awareness






26

4.5
Objectives







27
4.6
Report on Legal Awareness Camp




27
4.7
Conclusion







29

CERTIFICATES







30-31

BIBLIOGRAPHY







32










CHAPTER- I

1.1 Introduction: ―There is nothing more inspiration than having a mind unfolds before
you. Let people, teach who have a calling. It is never just a job.‖ ---- Abraham Kaplan

One of the basic truths in education is that the quality of education depends largely
upon the quality of the teacher.

Teaching is not a mechanical process. It is an interest, exacting, challenging job.
Teaching is more than standing before a class and applying a few specific techniques. It is
not merely presenting text book information and then testing the student‘s ability to report
it: there is no magic formula for transforming knowledge from the teacher‘s mind to align
the pupil‘s.

Teaching is considered to be an art. Children are the raw material with which the
teacher has to deal. The teacher unconsciously designs the child entrusted to him. The
teacher has a purpose and he modifies the child accordingly.

Teaching is a sublime art. It is impossible to separate the teacher and teaching. The
teacher, in fact, mirrors himself into the child; he puts an indelible stamp on the young,
growing plastic mind of the child. The child generally takes after the teacher.

The modern teaching process stresses three fundamentals:


a) Emphasizing the learner


b) Guiding the learner


c) Promoting learner Development
Teaching, if highly developed, is an art and truly fine teacher is an artist. The art of
teaching calls for a high degree of flexibility, adoptability and nimbleness of mind that
goes for beyond the mechanical application of step by step procedure.
1.2
Origin
The history of education is the history of teaching and of learning, and the history
of what might be described as the curricula: what it is that is taught or learned.
Learning something new or news of some kind has been around forever. Education
has taken place in most communities since earliest times as each generation has sought to
pass on cultural and social values, traditions, morality, religion, knowledge and skills to
the next generation.
In pre-literate societies, education was achieved orally and through observation and
imitation. The young learned informally from their parents, extended family and kin. At
later stages of their lives, they received instruction of a more structured and formal nature,
imparted by people not necessarily related, in the context of initiation, religion or ritual.


With the development of writing, it became possible for stories, poetry,
knowledge, beliefs, and customs to be recorded and passed on more accurately to people
out of earshot and to future generations. In many societies, the spread of literacy was slow;
orality and illiteracy remained predominant for much of the population for centuries and
even millennia. Literacy in preindustrial societies was associated with civil administration,
law, long distance trade or commerce, and religion. A formal schooling in literacy was
often only available to a small part of the population, either at religious institutions or for
the wealthy who could afford to pay for their tutors. The earliest known universities, or
places of higher education, started teaching a millennium or more ago.
Universal education of all children in literacy has been a recent development, not
occurring in many countries until after 1850 Century. Even today, in some parts of the
world, literacy rates are below 60 per cent (for example, in Afghanistan, Pakistan,
Bangladesh and most of Africa).
Schools, colleges and universities have not been the only methods of formal
education and training. Many professions have additional training requirements, and in
Europe, from the middle Ages until recent times, the skills of a trade were not generally
learnt in a classroom, but rather by serving an apprenticeship.
1.3




Maxims of Teaching
There are some guidelines to the teacher for making teaching effective. They are
applicable in most of the lessons but the teacher should not be slave to them. He may
bring modifications in them in accordance with the nature of learner and teaching
situation. Some important maxims of teaching are---
1) From known to unknown: The new knowledge should be based on the previous
knowledge.
2) From simple to complex: Simple is to be taught first. Simplicity and complexity
should be determined from the child‘s point of view.
3) From indefinite to definite: Vague and unsystematic ideas of the child should be
systematized and clarity is established.
4) From concrete to abstract: First the child should learn the concrete facts and
later on proceed towards the abstract.
5) From particular to general: Particular facts and examples should be presented to
the children before giving them general rules and principles.
6) From whole to parts: First whole is to be learnt then attention is diverted
towards its parts.
7) From analysis to synthesis: The whole is analyzed in units and then the
knowledge of these units is synthesized.


8) From empirical to rational: The rational in the child should be developed on the
basis of their experiences.
9) Follow inductive method: The inductive method is more psychological and
child‘s attention seeking. But both induction and deduction approaches are adopted by the
teacher.
10) Follow psychological sequence: The child should be taught in accordance with
his developmental cycle.
1.4




Teaching Devices
In order to achieve the purpose of causing, facilitating and promoting learning,
certain tricks commonly styled as devices of teaching are necessary.
There are two types of devices—artificial and natural. The artificial devices may
be such as oral communication through narration, exposition, explanation, description,
questioning, answering, and illustration etc. School visits celebration of festivals or other
audio-visual aids are natural devices where learning is a by-product of direct experiences.
The teacher can use both these device to get the best results.
1.5



Some classroom methods of Teaching
Methods form the most important link in the teaching learning chain. It is
necessary that teachers are fully conversant with then different methods of teaching to be
able to make the teaching interesting vital and living.

Corresponding to the requirements of different subjects, there are different
methods of teaching. The teacher may use different methods which may be as follows:
1) Telling method- It is a pedagogical device whereby the teacher makes a brief oral
presentation of some fact or concept of educational significance. Telling, as a method
should be used when it is not possible to elicit the information for the elements or to make
them active participants in the learning –process. It is an art which every teacher should
know.
2) Lecture method- It is a pedagogical method whereby the teacher formally delivers a
carefully planned expository address on some particular problem or topic. The teacher
should choose the occasions for his lectures with great care. It is always teacher to prepare
a synopsis of the lecture as it is useful both for teacher and taught. Lecture should make
extensive use of verbal imagery and other oral illustrations.
3) Discussion method- This is another useful method of teaching. A problem, an issue, a
situation in which there is a difference of opinion, is suitable for discussion method of
teaching. Discussion, in fact is an ordered process of collective decision making. There are
two types of discussion used in school—the informal and the formal. An informal
discussion is one which involves the free verbal interchange of the participants without
being governed by a pre-determined set of rules. A formal discussion is one which


proceeds in a predetermined manner, according to prescribed procedures. Formal
discussion may assume some such form as a debate, a symposium a penal or round table
discussion etc.
4) Demonstration method- This method involves the presentation of a pre-arranged series
of events to a group for their observation. This is accompanied by explanatory remarks.
This method is most commonly used in science and fine arts. It can be used in giving
information, training and knowledge. This method can open a student‘s eye to a new
world of understanding. It also shortens the time for learning and lengthens the memory of
facts and principles.
5) The problem method- In this method attempt is made to train the minds of the pupils by
confronting them with real problems and giving them the opportunity and freedom to
solve them. The major purpose of the problem as it is used in school is to afford training to
the pupils in thinking, in solving the problems mentally. Problem solving approach is
meaningful, developmental, sequential and based on the discovery of generalizations.
6) Assignment method- This method is generally advocated for teaching different subjects
to pupils in the higher class. The syllabus is spilt up into significant units or topics. Each
unit or topic, in its turn, is subdivided into learning assignments for pupils. The pupils are
usually required to prepare the assignments in writing. It is felt; written assignments help
in organization of knowledge, assimilation of facts and better preparation for examination.
7) Supervised study- It is another method of teaching for promoting optimum learning.
The main principle is the self-effort of the child, carried on independently in learning new
things under the supervision and guidance of the teacher. Supervised study is, in fact,
teaching the students how to study and giving their study efforts is a part of the class
period set aside for that purpose. It is a process of teaching pupils how to study by
studying with them and by giving individual help is a period set apart for study. The chief
aim of the method is to help the students acquire good study techniques and be efficient
learners.
1.6



Assignment Matter on School teaching

As a part of the School teaching Assignment and as advised and asked by the
lectures-in-charge of Centre for Juridical Studies; Dibrugarh University, we had gone to
meet the Principal of the Moran Higher Secondary School, on the 3rd September, 2009. I
stated the matter of School Teaching assignment as endorsed in syllabus prescribed for the
students of 7th Semester class of Juridical Studies of the University. I also submitted to the
Principal of the school, of the order of the concerned department of Dibrugarh University.

The Principal of Moran Higher Secondary School very sincerely heard from me
the related matter of Juridical Department of Dibrugarh University and allowed us to take
up teaching class and prescribed a suitable date i.e. on 12 September, 2009.

It was 10-15 a.m. on the 12 September, 2009, the hour of second period began,
after the first period. I was taken to class IX (B) by a senior teacher of the school. Entering


into the class I introduced myself before the pupils as a Student-Teacher; and asked the
students that I would teach upon the topic ‗The President of India‘.

Finding me as a new teacher, the pupils of the class very silently heard of my
words. I try, at first, to motivate the pupils on the teaching-subject concerned, for three
minutes. Thereafter, the whole matter of the teaching on concerned subject was explained
before the pupils. I asked a number of questions related to the subject concerned, the
pupils tried to give answers. Few numbers of pupils failed to give correct answers and I
explained again in brief of the concerned matter for those who could not get arrest the
knowledge of the Subject content. The pupils also put certain questions on the concerned
subject before me. I tried my best to answer those queries put by them. This action creates
an interest in which both the pupils and I interact with each other and the topic raised a
great interesting matter of discussion in which the whole class participated.

Thereafter, I served the pupils a number of questions as Home-Work.

Lastly, I bade good bye to the pupils of the class after the day‘s assignment of my
work performance.
A brief description of Moran Higher Secondary School
1. Name of the School:
Moran Higher Secondary School
2. Year of Establishment:
1940
3. Name of the Principal:
Mr. Rajib Kumar Borah.
4. Number of class:

From Class V to XII
5. Number of Teachers:
27
6. Number of students in Class IX (B): 64
Topic:



‘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.



Powers and Function
The powers and functions of the President can be discussed under following
heading:


Document Outline

  • A
  • Report Submitted to
  • Dibrugarh University
  • As a Part of the Practical Paper (0705)
    • 2.6 Fees:
    • 2.8 Intake:

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