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Legal Services Authority of India

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Updated: Jul 13, 2024


Legal Service Authority of India

Article 39A of the Constitution of India provides for free legal aid to the poor and weaker sections of society while also ensuring justice for all. Further, the Constitution also makes it obligatory for the State to ensure equality before the law and a legal system that promotes justice based on equal opportunity to all under Articles 14 and 22(1) respectively.


Hence, the Legal Services Authorities Act of 1987 ( ACT NO. 39 OF 1987 ) was born which now governs the complete Legal Services Authority of India.


Table of Content 💻


Objectives of Legal Services Authority


The main purpose of the Legal Services Authorities is to provide free legal services of all kinds to the weaker sections of society to ensure that every individual receives an equal opportunity to secure justice.


Other objectives include:

  • Spreading legal awareness;

  • Providing equal opportunity to everyone;

  • Organise Lok Adalats;

  • Promoting dispute settlement;

  • Reduce the burden on the judiciary.


Structure of Legal Services Authority


In India, just like the 3-tier government, legal services also exist at three levels: Central, State, and District. They are named the National Legal Services Authority ( NALSA ) at the Central level, State Legal Services Authority ( SLSA ) at the State level, and lastly the District Legal Service Authority ( DLSA ) at the District level.


The Central Government establishes NALSA while the State government is responsible for establishing both SLSA and DLSA. The Central government is also empowered with the establishment of the Supreme Court Legal Services Committee ( SCLSC ) while the State Government establishes the High Court Legal Services Committee ( HCLSC ) in their respective States.


National Legal Service Authority ( NALSA )


The National Legal Service Authority (NALSA ) is constituted by the Central Government under Section 3 of the Legal Services Authority Act, 1987, and was formed on 9th November 1995. Further, Section 3A of the act provides for the constitution of the Supreme Court Legal Services Committee.


The members of NALSA include the Chief Justice of India the patron-in-chief of NALSA while the second senior-most Judge of the Supreme Court of India is the Executive-Chairman. Any other member nominated by the Government in consultation with the Chief Justice of India.


Functions of NALSA


Section 4 of the act lays down all the Functions of NALSA. They can be understood as follows:


  • Establish guidelines and rules to fulfil the provisions of the Legal Services Act;

  • Frame the most economic yet effective way to ensure the availability of legal services under the act;

  • To utilise and allocate the funds appropriately to the State and District Authorities;

  • Organise legal aid camps, especially in rural areas to spread legal awareness to everyone;

  • Encourage settlement through Lok Adalats, negotiations, arbitration, and conciliation;

  • To promote legal research to ensure legal services to the poor;

  • to do all things necessary for ensuring commitment to the fundamental duties of citizens under Part IVA of the Constitution;

  • Take any step which may be necessary to spread legal awareness and literacy amongst all the citizens but especially to the weaker sections of society;

  • Develop legal education programs in consultation with the Bar Council of India.

  • Monitor, coordinate, and direct the functioning of all the other legal service organisations.

  • make special efforts to enlist the support of voluntary social welfare institutions, working at the grass-root level, particularly among the Scheduled Castes and the Scheduled Tribes, women, and rural and urban labour.


Further, Section 5 makes it obligatory for NALSA to work in coordination with other agencies.


State Legal Service Authority ( SLSA )


Chapter III of the act deals with the State Legal Services Authority while its constitution is defined in Section 6 and it is done by the concerned State Government. Further, the constitution of the High Court Legal Services Committee is provided for in Section 8A.


The members of SLSA include, the Chief Justice of the Concerned High Court is the Patron-in-Chief of SLSA while a Judge of the same High Court, who is to be nominated by the Governor, is the Executive Chairman. Any other members nominated by the State Government in consultation with the Chief Justice of the concerned High Court.


Functions of SLSA


The functions of SLSA are provided for in Section 7 of the act. Generally speaking, the whole function of the State Legal Service Authority is just to give effect to the policy and directions of the National Legal Service Authority [ Section 7(1) ].


Further, the functions of SLSA can be broken down as follows:


  • To provide legal service to any person who satisfies the criteria laid down under the act of 1987;

  • Conduct Lok Adalats for all types of cases;

  • Undertake preventive and strategic legal aid programs;

  • Perform any function notified by the Central Authority ( NALSA ).


Just like NALSA, SLSA is also obligated, under Section 8 of the act, to coordinate with other agencies whenever necessary to discharge its function.


District Legal Services Authority ( DLSA )


The constitution of the District Legal Services Authority is governed under Section 9 of the act and it is established by the State Government. Every district shall have at least one District Legal Service Authority.


The members of DLSA include the District Judge as its chairman and any other members nominated by the State Government in consultation with the High Court Chief Justice.


Functions of DLSA


The functions of DLSA are provided for in Section 10 of the act. The functions are as follows:


  • To perform functions delegated to it by the State Authority;

  • Coordinate the activities of the Taluk Legal Services Committee and other Legal Services in the District;

  • Organise Lok Adalats within the District ( Section 19 );

  • Perform such other functions as the State Authority may fix by regulations.


Section 11 of the act also directs DLSA to act in coordination with other agencies whenever necessary to discharge its function.


Eligibility for free legal services


Section 12 of the Legal Services Authority Act of 1987 provides the criteria for free legal services. The following people are eligible for legal services under this act:


  • If he/she is a member of a Scheduled Caste or Scheduled Tribe;

  • A victim of human trafficking or beggar as referred to in Article 23 of the Constitution of India;

  • Women or children;

  • A specially-abled person;

  • An industrial workman;

  • A Victim of mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake, industrial disaster;

  • A person in custody;

  • A person whose annual income is less than any amount prescribed by the respective State Government if the case is before any court other than the Supreme Court;

  • If the case is before the Supreme Court, then annual income is less than any amount the Central Government prescribes.


Section 13 of the act provides that an affidavit by the person regarding his annual income shall be sufficient to make him entitled to free legal services under Section 12 of the act.


Free Legal Services include


The free legal aid services include:


  1. Payment of court fees, process ,the fees and all other charges payable or incurred in connection with any legal proceedings.

  2. Providing service of lawyers 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.


Little Known Facts


  • 9th November is celebrated every year as “National Legal Services Day”.

  • The celebration of “National Legal Services Day” first started in 1995 to remember the constitution of the National Legal Services Authority ( NALSA ).

  • A woman is entitled to free legal service irrespective of her economical status while a man needs to be below a certain level of annual income to be entitled to the same.

  • Article 39A of the Constitution of India, which obligates the State to provide free legal aid and equal justice was not a part of the original constitution. This article was added by the 42nd amendment to the Indian Constitution in 1976.

 

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