Legal Service Authority Act-1987 (Introduction, National Legal Service Authority and Other Authorites)

Introduction

 What were the factors that lead to enactment of Legal Service Authority Act? What are the bodies which operates under this act? What are power of those bodies? How this act had made an effort to make justice accessible to most people?

Apart from this, we will look at the critic, whether this act was able to achieve it's purpose.

First let's start with what are the problems which create hindrance in access of justice.

What are the problems to access to justice?

Poverty, Time and Money

Financial condition of claimant pays extremely important role in access to justice. Typically people from lower economic strata don't have fees to be paid to lawyer. Apart from it, person have to take 1 day leave which would again impact earnings.

Long time for disposal

There have been instances where grandfather had filed a case and result came after generation. "Justice delayed is justice denied". 

Public authority involved in a dispute

When public authority is involved in a dispute, dispute drags on for years. Because public officials fails to appear before court because of duties assigned to them. It is also not possible to force public officials to attend the hearing, because then it will impact other people who goes to the office of public officials.

To deal with above problems, government enacted Legal Services Authority Act, 1987.

What are objectives of this act

  • To provide free and competent legal services to weaker section of the society. (Economically, Socially and politically weaker section) 
  • To ensure that access to justice is denied because of economic disability
  • To organize lok adalats
  • To ensure that legal system promotes justice on equal opportunity 

What are various authorities established to achieve objective of this act?

National Legal Service Authority

It's apex body at the national level.

Composition would be as below
  • Chief Justice of India as patron in chief
  • Executive Chairman, who is serving or retired judge, appointed by president with consultation of chief justice of India
  • Other members nominated by central government, with the consultation with Chief Justice of India
Other members would generally be from other fields like social service activists. Thus composition from inter disciplinary fields helps this body resolve disputes in amicable manner.

Act also have provision as to funds for operation of this authority. There are very strict provision to prohibit the misuse of the funds. Such funds are also audited by professional auditor.

The functions are very wide in nature, which it has to act to achieve the objective of the act. Below are some of the functions
  • To lay down policies and principle to make legal services accessible under this act
  • To frame most economical schemes for access to legal services
  • To utilize funds and make allocation of funds to state legal service authority
  • To give training in legal matters to social service activists
  • To take necessary steps specially for consumer interest, environmental interest of weaker section.
  • To organize legal aid camps in slums, tribal areas to make them aware about their rights and amicable settlement through Lok Adalats.
  • To encourage settlement of disputes by arbitration, conciliation and mediation.

Next authority is Supreme Court Legal Service Committee.

Supreme Court Legal Services Committee

 Major function of this committee is to impart the facilities under this act to the parties whose disputes are pending before supreme court.

This committee will be chaired by Chief Justice of India. There will other members also prescribed by Central government and appointed by Chief Justice.

Like National Legal Services Authority, there are provision of appointment of non-legal persons in this committee.

Major function is to look after legal services program in so far as it relates to Supreme Court. 

Some other function
  • To scrutinize application for legal service
  • To decide grant of legal service or withdrawal of legal services
  • To maintain panel of advocates on records as well as senior advocates for giving legal advice
  • To decide costs, charges, honorarium to advocates on panel
  • To prepare reports and statistics to be presented to central authority.

State Legal Services Authority

Every state territory is obliged to constitute State Legal Service Authority.

Composition of such state legal service authority would be as below
  • Chief Justice of High court who will be patron in chief
  • Executive chairman who is serving or retired judge of high court, nominated by governor in consultation with Chief Justice of High Court
  • Other members preferably from non-legal background 
There will obligation upon state authority to to give effect to the policy and direction of the central authority.

Below are some function of this authority
  • To give legal services to needy person
  • To conduct lok adalatas, including Lok Adalats for high court
  • To undertake strategic and preventive legal aid program
  • To maintain proper accounts of its functioning
  • To co ordinate with legal services authority at district level
  • Prepare report and give it to National Legal Services Authority
There is High Court Legal Services Authority which is similar to Supreme Court Legal  Committee .
It look after cases pending in High Court.


Now lets have a look at District Legal Service Authority

District Legal Services Authority

This are at district level. District judge will be patron in chief of such authority. There will be additional members which are appointed by consultation with High Court.

This authority has to follow direction given by State level authorities.

It organizes a Lok Adalats at district level.

So these are some of the authorities under the act.

Now let's have a look who can avail a legal service as per this act.

Who all are entitle to free legal aid?

Social, political and economic backwardness have given consideration for entitlement of free legal aid.

Below are the people who can avail free legal aid.
A member of schedule caste or schedule tribe
A victim of human trafficking
A begger
A woman or children
A person with disability
A person who is victim of natural calamity, caste violence, ethnic violence etc
A person in custody
A person with income less that state government prescribed.

Free legal aid not only include lawyer but court fees and other charges as well.

If authority believes that person has prima facie case to prosecute, then they grant legal service aid.

Is there anything for middle income group?

There is a scheme Supreme Court Middle Income Group Scheme, which is for middle income people whose cases are pending in supreme court.

Fighting a case for middle class person in Supreme Court is every expensive and hence this scheme is designed.


In next blog we will discuss the important concept of Lok Adalats

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