Legal Services Authority Act, 1987
In India, legal services exist at three levels i.e. the center, state and the district level.
1. The central government establishes theNational Legal Services Authority (NALSA) and
the Supreme Court Legal Services Committee (SCLSC). The Chief Justice of India is the
Patron-in-Chief.
2. The State Government establishes the State Legal Services Authority (SLSA) and the
High Court Legal Services Committee (HCLSC). It is headed by the Chief Justice of the
State High Court who is its Patron-in-Chief.
3. The State government also establishes the District Legal Services Authority (DLSA). he
District Judge of the District is its ex-officio Chairman.
4. Taluk Legal Services Committee is dealt with by Section 11A and 11B of the Legal
Services Authority Act. It is headed by a senior Civil Judge.
PYRAMID
Introduction
The Legal Services Authority Act, 1987 is a landmark legislation in India that aims to provide
access to justice for all citizens, irrespective of their economic or social status. This act is an
enduring piece of law in the Indian setting, emerging as a crucial force for change in the area of
legal services and conflict settlement. In a world where Alternative Dispute Resolution (ADR) is
gaining popularity as a more efficient and user-centric approach to conflict resolution, this Act
offers a solid foundation for ADR approaches to flourish. Within its numerous provisions is a
strong dedication to breaking down obstacles to justice, transforming it from a privilege of the
privileged to an indisputable right conferred upon every person.
This Act extends legal assistance provisions to those who are economically disadvantaged,
marginalised, or disabled. On December 5, 1995, the National Legal Services Authority was
established under the leadership of Justice R.N. Mishra, marking a watershed moment in the
Act’s implementation. It establishes a three-tiered system consisting of the National Legal
Services Authority (NALSA), State Legal Services Authorities (SLSAs), and District Legal
Services Authorities (DLSAs), each with specific functions and responsibilities.
Historical Background
The Legal Services Authorities Act, 1987 (LSA Act) arose from the aspirational objectives
inherent in the Indian Constitution. The Legal Services Authorities Act of 1987, enacted by the
Indian Central Government in accordance with Article 39-A of the Indian Constitution and
recommendations from various committees, went into effect on November 9, 1995, following the
1994 Amendment Act, which made significant changes. The Legal Aid scheme was first
introduced by Justice P.N. Bhagwati under the Legal Aid Committee formed in 1971. The 1977
report of the committee of Justices Krishna Iyer and P.N. Bhagwati drew up a detailed scheme
which envisaged public interest litigation (PIL) as a major tool in bringing about both
institutional and law reform even while it enabled easy access to the judicial system for the poor.
The LSA Act, however, was not officially approved by the Central Government until 1987. This
act was more than just a statutory provision; it was a watershed moment in Indian legal history. It
turned the Constitution’s abstract goals into a solid legal framework, giving substance to the
practical concerns of providing legal aid and fostering equal access to justice. In short, the LSA
Act is a confluence of constitutional objectives, expert committee recommendations, and the
Indian government’s legislative resolve, all converged to create a legal landscape in which justice
recognises no economic or social borders.
Persons eligible for getting free legal services includes:-
● Women and children;
● Members of SC/ST
● Industrial workmen
● Victims of mass disaster, violence, flood, drought, earthquake, industrial disaster.
● Disabled persons. vi) Persons in custody
● Persons whose annual income does not exceed Rs. 1 lakh (in the Supreme Court Legal
Services Committee the limit is Rs. 5,00,000/-).
● Victims of Trafficking in Human beings or begar
National Legal Services Authority
Section 3 of the Legal Services Authorities Act, 1987, deals with the establishment of the
National Legal Services Authority (NALSA). NALSA is the apex body responsible for
overseeing and coordinating the implementation of legal aid programs and services at the
national level. The primary objective of NALSA is to formulate and implement effective
policies and programs for providing legal aid and promoting legal awareness. NALSA plays a
pivotal role in coordinating and monitoring the activities of State Legal Services Authorities
(SLSAs) and District Legal Services Authorities (DLSAs). It provides guidance and financial
assistance to these lower-tier authorities, ensuring the effective implementation of legal aid
programs.
Composition of NALSA
1. The Chief Justice of India as the Patron-in-chief. This judicial leadership at the highest
level ensures the authority’s credibility and impartiality.
2. A judge of the Supreme Court nominated by the President as the executive chairman.
3. Other members nominated by the Government in consultation with the CJI.
Functions
1. Policy Formulation:
NALSA formulates and develops policies and strategies for the effective implementation
of legal aid and services at the national level, ensuring the promotion of justice and
equality.
2. Central Authority Fund Management:
NALSA manages the Central Authority Fund, allocating financial resources to support
legal aid programs, awareness campaigns, and training initiatives nationwide.
3. Coordination and Monitoring:
NALSA oversees the functioning of State Legal Services Authorities (SLSAs) and
District Legal Services Authorities (DLSAs), ensuring their adherence to the Act's
provisions.
4. Research and Development:
NALSA conducts research on legal aid and justice-related issues, producing valuable
insights to enhance the efficiency and effectiveness of legal services delivery.
5. Training and Capacity Building:
NALSA organizes training programs for legal professionals and para-legal volunteers to
enhance their skills in providing legal aid and support.
6. Public Awareness and Outreach:
NALSA initiates awareness campaigns and outreach programs to educate citizens about
their legal rights, the availability of legal aid, and the importance of seeking legal
assistance when needed.
7. Legal Aid to Vulnerable Groups:
NALSA ensures that legal aid reaches the most vulnerable and marginalized sections of
society, including women, children, senior citizens, and people with disabilities.
Landmark Case Law
(NALSA) v. Union of India and Ors, 2017
With the efforts of NALSA the Supreme Court of India recognized the rights of transgender
individuals and established critical guidelines for their protection and inclusion. While the case
primarily revolved around transgender rights, it also reaffirmed the significance of the National
Legal Services Authority (NALSA) in implementing legal aid programs and promoting access to
justice for marginalized communities. The judgment underscored the need for NALSA to
proactively address the legal issues faced by transgender individuals and ensure their full
participation in society.
State Legal Services Authority
Composition
1. Chief justice of the High court as the patron-in-chief.
2. A judge of the High Court nominated by the governor as the executive chairman
3. Other members are nominated by the state government in consultation with the Chief
Justice of the High Court.
Functions
1. Coordination: SLSAs coordinate and collaborate with various legal service providers,
such as lawyers, law clinics, and NGOs, to ensure the effective delivery of legal aid
within their respective states.
2. Funding Allocation: SLSAs allocate funds received from NALSA's Central Authority
Fund to district and taluk-level legal services authorities to support legal aid initiatives.
3. Identification of Beneficiaries: SLSAs identify individuals and groups within their state
who require legal assistance, especially those from economically and socially
disadvantaged backgrounds.
4. Public Awareness Programs: SLSAs create and implement public awareness programs to
educate citizens about their rights and the availability of legal services, empowering
individuals to seek legal aid when needed.
5. Empanelment of Lawyers: SLSAs empanel lawyers who are willing to provide free legal
aid, ensuring that there is a pool of legal professionals ready to represent clients who
cannot afford legal representation.
6. Legal Aid Clinics: SLSAs establish legal aid clinics and centers, making legal services
more accessible to those in need, particularly in remote or underserved areas.
7. Mediation and Conciliation Services: SLSAs encourage mediation and conciliation in
civil disputes, aiming to resolve conflicts amicably and reduce the burden on the formal
legal system.
District Legal Services Authority
The composition of DLSA includes the District Judge as its chairman, and other members
nominated by the state government in consultation with the Chief Justice of the High court.
Functions
1. Support to Vulnerable Groups: DLSAs prioritize legal aid and support for vulnerable
groups, including women, children, senior citizens, and individuals with disabilities.
2. Legal Literacy Programs: DLSAs may conduct legal literacy programs in schools and
communities to enhance knowledge of legal rights and responsibilities.
3. Counseling Services: DLSAs offer counseling services to individuals in need of legal
guidance, helping them understand their legal situations and options.
4. Assistance to Undertrials and Prisoners: DLSAs extend legal aid to undertrials and
prisoners, ensuring their access to legal representation and fair legal processes.
5. Appointment of Lawyers: DLSAs appoint lawyers, either practicing advocates or those
willing to provide pro bono services, to represent clients in various legal matters.
6. Legal Aid Camps: DLSAs organize legal aid camps in their respective districts, providing
information, counseling, and legal assistance to individuals who might not have access to
legal services otherwise.
Lok Adalats
Lok Adalat is one of the Alternative Disputes Resolution Mechanisms. It is a forum where the
disputes/cases pending in the court of law or at pre-litigation 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 a 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 for settlement of
cases pending before courts u/s 19 of the Legal Services Authorities Act, 1987 and also for
matters at pre-Litigative stage, under the guidance of NALSA.
Composition and Jurisdiction (Section 19):
Lok Adalats are composed of serving or retired judicial officers, social workers, and other
experts. They are presided over by a sitting or retired judicial officer. Lok Adalats can adjudicate
and settle civil, criminal, and compoundable cases. Importantly, their decisions have the same
legal standing as a decree of a civil court.
Nature and Functioning (Section 19A):
Lok Adalats primarily operate as conciliation forums. They encourage parties to settle their
disputes amicably through negotiations, without the adversarial proceedings of regular courts.
They have the authority to summon witnesses, take evidence, and make binding decisions if
parties arrive at a settlement.
Compromise and Award (Section 20):
If parties reach a compromise in a Lok Adalat, it is reduced to writing and signed by both parties.
This compromise is final and binding on the parties involved. In cases where no compromise is
reached, the matter is referred back to the appropriate court for adjudication.
Case laws
In the case of P.N.B. v. Laxmichand Rai, the Court ruled that the decision rendered by a Lok
Adalat under the Legal Services Authorities Act, 1987, is conclusive and cannot be challenged
through an appeal in any judicial forum.
In the case of P.T. Thomas v. Thomas Job (2005), the Supreme Court provided a detailed
explanation of Lok Adalats. The Court described Lok Adalat as an ancient dispute resolution
system that has deep roots in India, and its legitimacy remains unquestioned to this day.
Furthermore, as highlighted in the case of B.P. Moideen Sevamandir and others v. AM Kutty
Hassan (2008)[6], Lok Adalats offer the convenience of direct communication between parties
and their legal representatives, which is often more practical than the formal courtroom setting.
Conclusion
The Legal Services Authorities Act, 1987, stands as a beacon of access to justice in India. It
encompasses an array of provisions that extend far beyond mere legal aid; it represents a holistic
approach to addressing the needs of the marginalized, the underprivileged, and those seeking
redressal of their grievances without the weight of financial constraints. The Legal Services
Authority Act, 1987, and the three-tiered structure of NALSA, SLSAs, and DLSAs ensure that
legal aid and services are accessible to all sections of Indian society. These authorities work
together to promote justice, equality, and empowerment by providing legal assistance to those
who cannot afford it. This comprehensive framework underscores the commitment of India's
legal system to uphold the principles of justice and equality, making the legal system more
accessible and inclusive.
NALSA, established under the Act, serves as the apex body overseeing the implementation and
coordination of legal aid and services across the nation. It channels the spirit of justice to the
grassroots level, ensuring that legal aid reaches those who need it most. Lok Adalats, another
integral part of the Act, offer an alternative dispute resolution mechanism that not only reduces
the burden on traditional courts but also fosters amicable settlements. Lok Adalats have become
an integral part of the Indian legal system, providing opportunities for the poor and discouraged
to access justice. In essence, the Legal Services Authority Act is more than just legislation; it is a
profound commitment to the ideals of justice, equality, and empowerment. It embodies the belief
that justice should not be a privilege reserved for the few but a fundamental right accessible to
all. Through NALSA, legal aid, and Lok Adalats, the Act has paved the way for a more inclusive
and accessible justice system in India.
