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I. INTRODUCTION
● Justice - social, economic and political - is our constitutional pledge enshrined in the
Preamble of our Constitution.
● Legal assistance and free legal advice is the only way to guarantee equal protection of law to
the poor.
● In a developing poor country like India, it is the duty of the State to enable the poor to
secure their legal rights.
● Therefore, the Legal Services Authority Act, 1987 had been enacted with the motto of
"Access to Justice" for all. It came into force on November 9, 1995. The legislation is
beneficial and pro-bono in nature as it seeks to primarily help the poor.
● The fundamental reasons for the introduction of the Act are as follows :-
1. Constitutional Commitment
2. Lack of Legal Awareness
3. Legal Consultation is expensive
4. Delay in disposal of cases
5. Lastly, the legislative attempts and judicial contributions.
In M.H. Hoskot v. State of Maharashtra., the apex court held that right to legal aid is an inalienable
element of fair procedure and therefore the same is an implicit aspect of Article 21 of the
Constitution in ensuring fairness and reasonableness.
In the case of Hussainara Khatton v. State of Bihar and Suk Das v. State of Himachal Pradesh., it
was held that legal aid is an intrinsic part of Right to life under Article 21 and also Right to equality
before lay under Article 14.
The Preamble to the Act expressly provides that this legislation has been enacted for the following
purpose :-
● To constitute legal services authorities to provide free and competent legal services to the
weaker sections of the society
● to ensure that opportunities for securing justice are not denied to any citizen by reason of
economic or other disabilities, and
● to organize Lok Adalats to secure that the operation of the legal system promotes justice on
a basis of equal opportunity .
Legal Service - S. 2 (1) (c) provides that ' Legal Service ' includes the rendering of any service in the
conduct of any case or other legal proceeding before any court or other authority or tribunal and the
giving of advice on any legal matter;
1. Composition - Section 3 of the Act provides that the Central Government shall constitute a
body to be called the National Legal Services Authority. It shall consist of -
● The Chief Justice of India (Patron-in-Chief);
● A serving or retired Judge of the Supreme Court to be nominated by the President,
in consultation with the Chief Justice of India, who shall be the Executive Chairman,
and
● Such number of other members, to be nominated by the Central govt. in
consultation with the Chief Justice of India.
Section 6 - Constitution of State Legal Services Authority (Headed by the Chief Justice of the State
High Court, who is also the Patron in chief)
Section 8 - State authority to act in coordination and under the direction of NALSA
Section 9 - Constitution of District Legal Services Authority (District Judge of the District is the
ex-officio Chairman)
Section 11 - District authority to act in coordination and under the direction of NALSA
Section 11A & 11B - Deals with the composition of Taluka Legal Services Committee and their
functions respectively. (Headed by Senior Civil Judge of the Area, ex-officio chairman)
1. Criteria for giving legal services - A person is entitled to seek legal services under this Act
if he/she is :- Personswho are entitled to legal aid
● A Member of a SC/ST
● A victim of trafficking in human beings or begar as referred to in Article 23 of the
Constitution;
● A woman or a child;
● A person with disability. Disability means - (i) Blindness (ii) Low vision (iii) Mental
illness etc.
● A person under circumstances of undeserved want such as being a victim of a mass
disaster, ethnic violence, flood, drought etc. or
● An industrial workman; or
● In custody, including custody in a protective home or in a juvenile home or in a
psychiatric hospital or psychiatric nursing home; or
2 lakh ● In receipt of annual income less than rupees nine thousand or such other higher amount
as may be prescribed by the State Government, if the case is before a court other
2 1 5LakhSUSA than the Supreme Court, and less than rupees twelve thousand or such other higher
amount as may be prescribed by the Central Government, if the case is before the
Supreme Court.
2. Entitlement to Legal Services - Section 13 provides that persons who satisfy all or any of
the criteria shall be entitled to receive legal services provided that the concerned Authority is
satisfied that such person has a prima-facie case to prosecute or to defend.
D. Lok Adalats
1. Organization of Lok Adalats - Section 19 provides that the Central, State, District legal
services authority and the Taluka legal committees are responsible for organizing Lok
Adalats at such intervals and places. The conciliators of Lok Adalats shall comprise of
following :-
● A sitting or retired judicial officer or
● Other persons of repute as may be prescribed by the State govt. or Central govt. in
consultation with the Chief Justice of the High Court or India, as the case may be.
Jurisdiction of Lok Adalat - A Lok Adalat has the jurisdiction to determine and to arrive at a
compromise or settlement between the parties to a dispute in respect of -
Provided that the Lok Adalat shall have no jurisdiction in respect of any case relating to an offence
which is not compoundable under any law.
2. Reference of Cases - Section 20 provides that cases can be referred to Lok Adalat by the
following method :-
● Consent of parties to dispute
● One party makes an application for reference
● Where the court is satisfied that the matter is an appropriate one to be taken
cognizance by Lok Adalat.
● Compromise settlement shall be guided by principles of justice, equity, fair play etc.
● If no compromise takes place, the matter shall be reverted to the original court.
3. Award of Lok Adalat - Section 21 envisages as under :-
● Award of Lok Adalat shall be deemed as civil decree
● It shall be final and binding on the parties
● No appeal shall lie from the award of the Lok Adalat.
4. Powers of Lok Adalat - Section 22 provides that the proceedings of Lok Adalat shall be
deemed to be judicial proceedings for the purpose of :-
● Summoning of Witnesses
● Discovery of Documents
● Reception of evidences
● Requisitioning of public record
5. Post-amendment 2002 - There were certain defects in the functioning of the Lok Adalats
which necessitated this amendment. Following are the salient features of the amendment :-
● Provides for establishment of Permanent Lok Adalats
● Pecuniary Jurisdiction of Lok Adalat up to Rs. 10 Lakh.
● Before dispute is brought to the court, a party may make direct application to Lok
Adalat.
The first Lok Adalat was held on March 14, 1982 in Junagarh, Gujarat. Lok Adalats have been
successful in settlement of motor accident cases, labour disputes, family disputes.
V. JUDICIAL VOICE
1. In Kishore Chand v. State of Himachal Pradesh., - It is high time that senior counsel
practicing in the Court concerned volunteer to defend such indigent accused as a part of
their professional duty or else Art 39-A would be quietly ineffective.
2. In RD. Patadia v. State of Gujarat., - It was the duty of members of Bar and Benches to
make litigants of this class (like woman, etc) be made known of their legal right under the
Legal Services Authorities Act.
3. The apex court held that only a sitting Judge of the High Court concerned can be appointed
Chairman of the State Legal Services Authority (SLSA). It said that appointment of retired
judge at this position falls foul of the desired legislative effect.
VI. CONCLUSION
This Act has truly and justifiably, acted as the watchdog of our benevolent system of dispensing
Legal and Social Justice as well as protector of the poor, deprived and downtrodden sections of our
society. Nevertheless, there are certain loopholes and to get rid of the same, the following points
shall be considered :-
NAIA Nationallegalservicesauthority
COMPOSITION
India patron in chief
chiefjustice of
retired or serving judge
Other members
Euecuiture members
chairman
FUNCTIONS
Funds coordination monitoring
Policies
training
justicelitigation
social
camps Education
wk Adalats Arbitration mediation
Functioning of authorities
Milo RETIES
NALSA
statelegal services Authority
services Authority
District Legal
Taluka legal services authority
WHOISENTITUEDLEGALSERVICLES
scheduled caste tribes
woman Child
persons with Disability
Inman Trafficking
Industrial Workman
victims of Natural Disaster
custody
1.5lakhs in case of SupremeCourt
LSA
81 lakh or
LORADALAT
COMPOSITION
officers
servingjudicial
other members
JURISDICTION
For pending
other matter under its Jurisdiction
brought
REFERENT E
By consent ofparties
By application
court order
Bysettlement
agreement
AWARD
O
L final Ee
Binding
Lainil Decree
L No
Appeal
POWERS
Tess
Documents
Evidence