Importance of Legal Service Authority Act

IMPORTANCE OF LEGAL SERVICE AUTHORITY ACT, 1987
INTRODUCTION
In M.H. Hoskot v. State of Maharashtra1, the Supreme Court ruled that a provision providing free
legal assistance must be inserted into the Indian Constitution owing to the correct processes in
court, the majority of attorneys, and the charging of a fee because of the complex nature of the
law. Article 39A (free legal assistance), a provision under the guiding principles of state policy,
was introduced into the 42nd Amendment Act and would offer the less fortunate members of
society no-cost and competent legal services. It will guarantee that justice is administered equally
to all citizens, regardless of their social and economic circumstances 2. And because of this only
legal service authority act, 1987 was made so that economically weaker section and disabled
persons in the society can get free legal aid and there will be proper assistance of justice and
legal services in the society.
The Act seeks to inform the people on the law, provide free legal assistance, and establish the
Lok Adalat with the goal of ensuring that no one would be denied the opportunity for justice due
to a handicap or financial considerations. The country's system for administering justice has been
revolutionised by the establishment of Lok Adalat. The nation's courts still have a sizable number
of open cases. The administration has already taken a number of steps to lower the number of
open cases. The strategy was successful in giving plaintiffs another venue in addition to offering
an extra forum for conciliation agreements3.
1
‘Manupatra’ https://articles.manupatra.com/article-details/Case-Commentary-on-MH-Hoskot-vs-State-of-
Maharashtra accessed 8 July 2023.
2
Law Corner, ‘Legal Services Authorities Act 1987 - an Overview’ (Law Corner, 14 September 2021)
https://lawcorner.in/legal-services-authorities-act-1987-an-overview/ accessed 8 July 2023
3
Sneha Mahawar and others, ‘Legal Services Authority Act, 1987’ (iPleaders, 2 June 2022)
https://blog.ipleaders.in/legal-services-authority-act-1987/ accessed 8 July 2023
LEGAL SERVICE AUTHORITY ACT, 1987
Despite being passed by the parliament in the 38th Parliament of the Republic of India, 1987, the
Act establishing the Legal Services Authorities did not go into effect until November 9th, 1995.
A suggestion in the 14th report of the Indian Law Commission led to its introduction. The federal
government established a legal assistance programme in 1960, however it was subsequently
abandoned owing to a lack of funding. However, the government began its second phase in 1973
by creating a committee under the leadership of Justice V.R. Krishna Iyer to create legal
assistance programmes for every state. To carry out the legal assistance programme, the
committee formed a decentralised committee under the direction of Justice P.N. Bhagawathi.
They recommended developing legal assistance programmes for each district, state, and centre4.
There are several degrees of legal help, including options for impoverished, uneducated, and
physically challenged people that are unwilling to access the courts because they don't know the
law or can't afford it. Any person who is eligible for legal help under Section 12 of the Act may
get that assistance. The day the law became effective, November 9, 2009, was designated as
National Legal Service Day (NLSD). According to the Act, legal assistance must be given by the
State, District, and Taluk Legal Service Authorities/Commissions established across the nation in
order to recommit to ensuring equality of opportunity and fairness to all people. The NLSD
promotes justice and fair opportunity for all residents via the many legal help programmes it
offers.5 The main aim of the Legal Service Authority Act, 1987 is the hierarchical legal service
institutions in the central, state and district level, and its criteria is to provide legal aid, Lok
Adalat and free legal aid.
4
5
HEIRARCHICAL LEGAL SERVICE SYSTEM IN INDIA
1. National Legal Service Authority (NALSA) and Supreme Court Legal Services Committee
(SCLSC)
2. State Legal Service Authority (SLSA) and the High Court Legal Services Committee
(HCLSC)
3. District Legal Services Authority (DLSA)

1. National Legal Services Authority (NALSA)
To guarantee that every member of society has access to free legal representation, NALSA was
established in accordance with Section 4 of the Legal Services Authorities Act of 1987. It is a
group that the federal government established. The current residence of NALSA is at 12/11, Jam
Nagar House, New Delhi, 110011. The patron-in-chief is the Indian chief justice. Executive
chairman of the Supreme Court of India is a sitting or recently retired judge. They are proposed
by the president after discussion with the Indian chief justice. The Supreme Court legal services
committee was established by the central authority. NALSA makes sure that justice is
administered fairly to all citizens and is not withheld on the basis of economic or other
considerations. The main functions of NALSA are as follows:
• By placing more of an emphasis on slums, rural regions, and labour colonies, it arranges legal
assistance camps. By educating them about their needs and rights, it aids in empowering the
residents of these places. They also established Lok Adalat to resolve conflicts.
• It focuses on creating legal assistance clinics in universities, law schools, etc.
• They use conciliation, negotiation, and arbitration to resolve conflicts.
• They give grants to organisations that operate at the local level to improve the wellbeing of
socially outcast populations.
• Additionally, it encourages initiatives aimed at enhancing the quality of impoverished people's
access to legal representation.
• It guarantees adherence to the people' basic obligations.
• They tend to follow up on and evaluate the actions made for the legal assistance difficulties at
defined monthly intervals in order to ensure the aforementioned schemes and plans are carried
out appropriately.
• They established guidelines and plans for delivering legal services.
• It outlines the most practical and cost-efficient plans for providing access to legal services.
• It manages money-related issues and distributes money to the appropriate state and district
legal services agencies.6
2. State Legal Services Authority (SLSA)
There is a legal service body in every state that offers individuals who are unable to pay it free
legal counsel. The Act's Section 6 applies to this. They provide legal help programmes that are
both proactive and strategic. The authorities regularly hold Lok Adalat sessions to help its
customers. Implementing the policies and programmes as instructed by NALSA is one of their
key responsibilities. The chief judges of each High Court act as patrons-in-chief. An executive
chairman who's a judge in retirement or active service is in charge of these organisations.
Typically, the state government creates a high-court legal service committee. Currently current
High Court judges serve as the chairman of this organisation, which is run by the chief justice of
the relevant High Court.7
3. District Legal Services Authority (DLSA)
It falls under the Legal Services Authorities Act of 1987's Section 9. It makes sure that the legal
assistance schemes are successfully administered in every district. At the district level, Lok
Adalat is held. Its ex-officio chairman is the district judge. It oversees the taluk legal service
committee's operations.8
CRITERIA FOR GIVING LEGAL SERVICES
6
7
8
It is covered under Legal Services Authority Act of 1987 Section 12. In order to provide legal
services, you must:
• In accordance with the state government and the federal government, the person should earn no
more than two lakh rupees each year.
• Victims of mass disasters, racial atrocities, and natural catastrophes.
• Particularly in protective facilities like juvenile homes, people are in custody.
• Individuals with disabilities.
• Children and women.
• Individuals from scheduled castes and scheduled tribes.
• Either begging or human trafficking victims.
• People who are working in the mines, factories etc.
LIMITATIONS OF LEGAL SERVICE AUTHORITY ACT, 1987
Along with creating the four-tiered Legal Services Authority, the government should also create
a separate organisation to monitor how each of these tiers operates and actively try to foster
cooperation between the Taluka, District, State, and National Legal Services Authorities. In order
for them to strictly represent the interests of the unbiased oversight body, and the government
should hire young solicitors who are not already serving in any judicial positions. The Legal
Services Authority establishes a network of institutional legal services at the Central, State,
District, and Taluk levels, with various restrictions on its structure, membership, etc.
● Major limitations under Legal Services Authority Act
• Section 3
Section 3 of the Act creates the National Legal Services Authority. However, the body's
organisational chart indicates that each member is already overburdened with the tasks allotted to
them for their principal function, necessitating a little revision to Section 3. The government
should place a strong emphasis on hiring young solicitors who do not hold any other legal jobs as
it expands the National Legal Services Authority so they may dedicate as much time as possible
to the Act's goals.
• Section 3-A
The chairperson of the Supreme Court Legal Services Committee must be a judge of the
Supreme Court, as required under Section 3-A of the Act. The judge in this instance is now
overworked from his assigned daily litigation-related obligations. If such an overworked
individual is once more assigned the duties of the court's Legal Services Committee, it's possible
that the office won't be able to deliver legal services as planned in the future. Therefore, it will be
crucial to alter this clause if clause 3-A of the legislation is intended to be applied correctly.
• Section 6
Section 6 of the Act creates a State Legal Services Authority. A modest modification of Section
6 is necessary because, despite the body's organisation appearing to be quite simple at first
appearance, each member is, to some extent, preoccupied with obligations outside the body.
When creating the State Legal Services Authority, it is crucial for the government to emphasise
that it will be hiring young, skilled solicitors who are eager to work in the sector with the highest
dedication in order to accomplish the Act's primary goal.
It has been determined as a result of Supreme Court Bar Association v. Union of India 9 and
Others (1988) that the Chairman of the State Legal Services Authority should ordinarily be a
sitting judge and that retired judges should only be nominated in rare cases.10
LOK ADALAT
9
(Supreme Court Bar Association vs Union of India & ANR on 17 April, 1998)
https://indiankanoon.org/doc/1666530/ accessed 8 July 2023.
10
The Legal Services Authorities Act of 1987's Section 19 governs the operation of Lok Adalat.
Lok Adalat is conducted by all federal, state, and district legal service authorities. It serves as a
method for alternative conflict settlement. It was given legislative status under the Legal Services
Authorities Act of 1987. They settle cases that are still ongoing or that have not yet been
presented to a court of law. It includes judges or those employed by the federal, state, or local
legal systems. According to Section 21 of the Legal Services Authorities Act of 1987, the award
is made by conciliators after cases have been settled and the parties have given their permission.
And it is regarded as a civil court judgement.11
FREE LEGAL AID
In accordance with Article 39A of the constitution, "the state shall ensure that the administration
of the justice system promotes justice based on equal opportunity, and shall, in particular,
provide free legal aid, by appropriate legislation or schemes or in any other manner, to ensure
that opportunities for securing justice are not denied to any citizen because of economic or other
disabilities." The state is encouraged by Articles 14 and 22(1) to guarantee equality before the
law. The constitutional principle of equality for all people and the provision of essential legal
services to the underprivileged and vulnerable groups are strengthened by the availability of free
legal assistance.
Provisions under free legal assistance include:
• Legal advice on any topic.
• All fees associated with the legal process must be paid.
• Offering a lawyer to represent clients in court.
• The acquisition of verified copies of legal papers.
• Document creation, printing, and translation for legal purposes.12
11
12
CONCLUSION
As everyone knows that our constitution put forward the idea of equality and puts everyone
before law and tries to provide equal justice and equal opportunity to everyone. The aim
democracy is that everyone is equal in the eyes of law irrespective of economic status, caste,
creed, sex, race, gender and many other social conditions have that right to receive equal use of
law and the opportunities to get legal services. And for these only our government had enacted
the Legal Service Authority Act, 1987. It ensures to promote justice is always based on equality
and equal opportunity.

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IMPORTANCE OF LEGAL SERVICE AUTHORITY ACT, 1987

3. District Legal Services Authority (DLSA)

CRITERIA FOR GIVING LEGAL SERVICES

● Major limitations under Legal Services Authority Act

FREE LEGAL AID

Provisions under free legal assistance include:

• Legal advice on any topic.

• All fees associated with the legal process must be paid.

• Offering a lawyer to represent clients in court.

• The acquisition of verified copies of legal papers.

• Document creation, printing, and translation for legal purposes.12

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