TOPIC: LAW & SOCIAL TRANSFORMATION IN INDIA

(LEGAL SERVICES AUTHORITIES ACT, 1987)

 INTRODUCTION
“An act to constitute legal services authorities to provide free and competent legal services to
service to the weaker sections of the society to ensure that opportunities for securing justice are
not denied to any citizen because 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."1
This is how the Legal Services Authorities Act, 1987 reads at the beginning. These few
lines don‟t only describe the objective of the act but also tell us about the motive behind the
formation of this very significant act, and both the motive and the objective of this act happen to
be providing legal justice to all and to see that no one is left behind because of their socio-
economic conditions.
This act was passed with a vision of social transformation, where the goal was to create
such a legal provision that would ensure equal opportunity for legal representation irrespective of
social or economic backgrounds.
HISTORY BEHIND THE ACT
This very significant act did not develop overnight. The act was the
result is subsequent development over the idea of “justice with no restrictions”.
In India, concern for legal aid to the poor and the needy is continuously on the rise. Legal
assistance and free legal advice is the only way to guarantee equal protection of law to the poor.
In a developing country like India where a majority of the population is unable to protect its
interests, the State must enable the poor to secure their legal rights. The courts are used by the
richer sections to assert their legal rights while the poor remain deprived of access to the justice
system. Added to this is the fact that our judiciary is overworked. This aspect is increasingly
being a point of concern. Delay in the disposal of cases by the judiciary further increases the cost
of litigation. Alternate Dispute Redressal mechanisms are therefore being emphasized upon. The
fact of the matter is that the mere existence of laws does not guarantee the enjoyment of those
rights by the citizens. The free legal aid system is a step towards enforcement of those rights.
The Legal Services Authorities Act, 1987 provided the statutory support in this direction. It also
sought to provide a uniform pattern to these legal services all over India. It came into effect from
9th November 1995.

1
Legal Services Authorities Act, 1987( Act No. 39 of 1987, Dated 11-10-1987)
 The earliest of the legal Aid movements are believed to be
of the year 1851 when enactments were introduced in France for providing legal assistance to the
indigent. In Britain, a similar movement arose in the year 1944 as a result of which Lord
Chancellor, Viscount Simon appointed Rushcliffe committee to make recommendations to
ensure that legal aid was provided to the people in need.
Such an idea about providing legal aid to the people in
India was first proposed by Justice P.N. Bhagwati under the Legal aid committee in 1971.
According to him, “The legal aid means providing an arrangement in the society so that the
missionary of administration of justice becomes easily accessible and is not out of the reach of
those who have resort to it for enforcement of rights given to them by law”. The idea was to
prevent legal justice from becoming something inaccessible or something accessible to only the
rich and the influential. This idea was formed around the belief that the law provides to its
citizens the right to approach the court in case of infringement of any right. In the year 1980, a
committee of the national level was constituted under the chairmanship of Justice P.N. Bhagwati
to overlook and supervise various legal aid activities throughout the country. The right to
assignment of counsel at government expenses was emphasized in the le Law Commission
Report. Thereafter, in 1969 the Law Commission again strongly recommended that the right of
the accused to representation at the cost of government should be placed on a statutory footing
concerning trials for serious offenses and as a first step in this direction, the Commission
proposed that such a right should be available in all trials before the Court of Session, it is
believed that it was the recommendation of this committee that lead to the inception of Legal
Services Authorities Act, 1987.
Article 14 and 22(1) of the Indian constitution make it
obligatory for the state to ensure equality and a legal system that promotes justice based on equal
opportunity to all. Article 39A of the Indian constitution states that "The state shall secure that
the operation of the legal system promotes justice, based on an equal opportunity, and shall, in
particular, provide free legal aid, by suitable legislation or schemes or in any other way, to
ensure that opportunities for securing justice are not denied to any citizen because of economic
or other disabilities."2. Legal aid makes sure that these provisions in the constitution are fulfilled
and justice is ensured of all sections of the society alike.

2
The Constitution of India, 1950.
.
OVERVIEW OF THE ACT
CREATION OF NATIONAL LEGAL SERVICES AUTHORITY (NALSA)
The Legal Services Authorities Act, 1987 laid down the provision for the
creation of the National Legal Services Authority (NALSA), and since December 1995, NALSA
has been endeavoring to implement the objectives of Legal Services Authorities Act, 1987.
NALSA is a Central government constituted body consisting of the following:

1. The Chief Justice of India, who is the patron in chief

2. A serving or retired Judge of the Supreme court to be nominated by the president, in
consultation with the chief justice of India, who is the executive chairman; and
3. Such number of other members, possessing such experience and qualifications, as may be
prescribed by the central government, to be nominated by that government in
consultation with the Chief Justice of India.
4. Member Secretary, who is appointed by the Central Government with the consultation of
Chief Justice, exercises such powers and performs duties under the Executive Chairman
of the Central Authority. The Central Government prescribes the terms and other
conditions relating to members and member secretary of the Central Authority.

FUNCTIONS OF NALSA

1. To lay down policies for implementation of the Act1. ( making legal services available)
2. To create the most effective policy for providing legal aid.
3. To ensure proper allocation of funds to the state and district authorities.
4. Organization of Legal aid camps.
5. Encourage settling of disputes through Lok Adalat.
6. Encourage the settling of disputes through negotiation, conciliation, and arbitration.
7. Promote and research in the field of legal aid.

SUPREME COURT LEGAL SERVICES COMMITTEE

It is constituted to administer the legal services program as far as it relates to the Supreme Court.
NALSA constitutes this committee, a sitting Judge of the Supreme Court is the chairman of this
committee. This committee exercises powers and functions as determined by the NALSA.
STATE LEGAL SERVICES AUTHORITY
This is an authority formed by the state government under the Legal services authorities act,
1987. In every state, a state legal services authority is constituted to give effect to the NALSA,
provide legal aid to people, and conduct Lok Adalats. It is composed of:

1. Chief Justice of the State High court( Patron-in-chief)

2. A servicing or retired judge of the high court nominated as the executive chairman.
3. Such numbers of other members, possessing such experience and qualification as may be
prescribed by the state government in consultation with the chief justice of the high court.

HIGH COURT LEGAL SERVICES COMMITTEE

The State Legal Services Authority constitutes the High Court Legal Services Committee for
every High Court, for exercising such powers and performing such functions as may be
determined by regulations made by the State Legal Services Authority.
DISTRICT LEGAL SERVICES AUTHORITIES
They are constituted in every district to implement legal aid programs in the district under the
Legal Services Authorities Act, 1987. The district judge is the ex-officio chairman. Various
functions that the district legal services authorities undertake are:

1. To co-ordinate the activities of the Taluk Legal services committee and other legal
services in the district
2. To conduct Lok Adalats in the district.

TALUK LEGAL SERVICES COMMITTEE

They are constituted, for each of the taluks or mandals, or a group of taluks or mandals to
coordinate the activities of Legal Services in the Taluks and to organize Lok Adalats, under the
legal services authorities act, 1987.
Other authorities such as the Supreme Court Legal Services Committee, High Court
Legal Services Committee, etc, are also formed under this act to ensure proper distribution of
Legal aid to the needy.
CRITERIA FOR LEGAL SERVICES
The people who are entitled to legal services under this act need to satisfy certain criteria. People
entitled to legal services under the legal services authorities act, 1987 are:
 1. The members of Schedule caste and Schedule Tribe.
2. Victims of trafficking.
3. Women and children.
4. Persons with disabilities.
5. Victims of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake, or
industrial disaster.
6. The person in custody (including custody protection homes such as juvenile homes).
7. People with annual income less than nine thousand rupees or such other higher amount as
prescribed by the state government or rupees twelve thousand or more as prescribed by
the central government.

LOK ADALAT
It is an alternative dispute resolution method in India. It is a platform where cases that are
pending before the court or are in a pre-litigation stage are resolved. This forum received the
statutory authority under the Legal Services Authorities Act, 1987. The decision given by this
forum is deemed to be a decree of a civil court and is final and binding on all parties and no
appeal against this type of decision lies in any other court. If the parties to the dispute are not
satisfied with the decision of the Lok Adalat( though there is no provision for appeal) they are
free to start litigation by approaching the court of appropriate jurisdiction. The settlement of
legal disputes through Lok Adalats at the pre-litigation stage helps to reduce the inflow of cases
in our already overburdened courts. Lok Adalat consists of:

1. A serving judicial officer

2. Or other persons as prescribed by central or state or district authority

Some of the benefits that litigants derive by tackling their disputes to such Lok Adalats are:
1. Parties don't have to pay any court fees and if the case is already filed in the regular court.
2. There is no strict application of procedural laws (such as the Civil Procedure Code, 1860
and the Evidence Act, 1872) before the Lok Adalat;
3. The litigant will be getting speedy disposal in the process of Lok Adalat. When comparing
the functioning of both the systems, i.e Lok Adalat system and regular Judicial Court system,
undoubtedly, for the public in general and a litigant in particular, justice being administered by
regular judicial Courts will be bad in taste. People will start losing confidence in the working of
such courts.
CASE ILLUSTRATING THE IMPORTANCE OF LOK ADALAT
Abdul Hasan and National Legal Services Authority V. Delhi Vidyut Board3: The petitioner filed
a writ petition before Delhi High Court for the restoration of electricity at his premises, which
was disconnected by the Delhi Vidyut Board on account of non-payment of bill. Inter alia, the
grievances of the citizens were not only confined to the DVB but also directed against the state
agencies like DDA, Municipal Corporation, MTNL, GIC, and other bodies, court notices were
directed to be issued to NALSA and Delhi State Legal Services Authority. This case was settled
through Lok Adalat.
ANALYSIS
This Act provides the most necessary things to the ones who need it and that is resources to
obtain justice. This act shows one of the most remarkable hierarchies of forums to control and
co-ordinate the legal aid system. Through this act, a plethora of institutions was born that hold a
significant role in the legal justice system of today.
Lok Adalat that was set up under this act has been received very
positively by the people. Lok Adalats have not only helped in providing legal aids to the people
but has also provided an alternative source for dispute resolution which has reduced the load on
the courts and has helped in a speedy trial. The statistics show that over 8000 cases were
resolved at just Nagpur during the third National Lok Adalat. Many old civil cases that were kept
for hearing have also been resolved in amicable terms resulting in many senior citizens getting
benefitted. The settlement ratio of the Lok Adalat has been described as 50 percent which is one
of the most significant outcomes of the system. People who did not have access to courts due to
their economic conditions, now have access to it.
The importance of free legal aid can be understood by the statement made
by Justice P.N. Bhagwati where he said that "Legal aid is really nothing else but equal justice in
action. Legal aid is in fact the delivery system of social justice. If free legal services are not
provided to such an accused, the trial itself may run the risk of being vitiated as contravening
Article 21 and have no doubt that every state government would try to avoid such a possibility

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AIR 1999 Delhi H.C.P. -88
eventually”. He reiterated this in Suk das V. Union Territory of Arunachal Pradesh4 and said “ It
may therefore now be taken as settled law that free legal assistance at state cost is a fundamental
right of a person accused of an offence which may involve jeopardy to his life or personal liberty
and this fundamental right is implicit in the requirement of reasonable, fair
and just procedure prescribed by Article 21”.This part of the narration would be incomplete
without referring to the other astute architect of human rights jurisprudence Justice Krishnan
Iyer. In M.H. Hoskot V. State of Maharastra5 , he declared: “If a prisoner sentenced to
imprisonment is virtually unable to exercise his constitutional and statutory right of appeal
inclusive of special leave to appeal (to the supreme court) for want of legal assistance, there is
implicit in the court under Article 142 read with Article 21 and 39 A of the constitution, power to
assign counsel for such imprisoned individual „for doing complete justice”.
In Khatri & Others V. St. of Bihar and Others6 J. Bhagwati observed;
“Right to free legal aid and reasonable procedures is a fundamental right (Khatoon‟s case). It is
elementary that the jeopardy to his personal liberty arises as soon as the person is arrested and is
produced before a magistrate for it is at this stage that he gets the 1st opportunity to apply for bail
and obtain his release as also to resist remain to police or jail custody. This is the stage at which
an accused person needs competent legal advice and representation. No procedure can be said to
be just, fair, and reasonable which denies legal advice and representation to the accused at this
stage. Thus, the state is under a constitutional obligation to provide free aid to the accused.".
CONS OF LEGAL SERVICES AUTHORITIES ACT, 1987
A Legal System and its effectiveness have to be gauged
or measured by the extent of its usefulness. Even though this act has provided us with a lot of
advantages, there are some aspects of this act which are not known to a lot of citizens. For
example, most citizens do not know that under its provisions, free legal services are available to
all members of Scheduled Caste and Scheduled Tribe, women, children, etc;

4
1986 AIR 991, 1986 SCR(1) 590
5
1978 AIR 1548, 1979 SCR(1) 192
6
1981 SCR (2) 408, 1981 SCC (1) 627
 Another con to this act is that, as it is available to all members of the Scheduled
caste and Scheduled Tribe and women and children irrespective of their socio-economic
position, it is available to 75% of the country‟s population.
Lok Adalats do perform and can perform invaluable service as conciliators or
mediators but in some cases, even if the parties don't agree, they pass some binding decrees
creates a sense of doubt in the minds of people.
CONCLUSION
The basis of our Legal System is that all the citizens are entitled to Legal Justice. Access to
inexpensive and expeditious justice is a basic human right. In practice, legal services of all kinds
used to go to the highest bidders. Wealthy persons and large corporations received the highest
quality advice. The poorest in the society, the "third world population", received negligible or
very haphazard and poor legal advice. The term "third world" is used in the all-inclusive
expression for the exploited elements of society, the depressed minority groups, the workers, and
the peasants. It also includes society's "deviants" - prisoners, mental patients, radicals, dissenters,
as well as the powerless groups generally, such as youth, women, and the disabled. Legal
Services Authorities Act, 1987 truly and justifiably, acts as the watchdog of our benevolent
system of dispensing Legal and Social Justice as well as the protector of the poor, deprived and
downtrodden sections of our society. However, in view of the disparities and loopholes of the
Act, the Act needs to be revamped to remove its ambiguity and make it more free and effective.
Even though the act has changed the past face of society into something better, there are still
some changes that would be even better. Never the less it can be stated that The Legal Services
Authorities Act, 1987 truly brought a social transformation by opening the doors of justice for
the sections of the society which were left behind.
BIBLIOGRAPHY

1. Public Interest Lawyering, Legal Aid and Para- Legal Services By Dr. Kailash Rai.
2. Public Interest Litigation, Legal Aid, and Lok Adalats By Dr(Mrs.) Mamta Rao.
3. The Constitution of India.
4. The Legal Services Authorities Act, 1987.

WEBLIOGRAPHY

1. https://scconline.com
2. https://nalsa.gov.in
3. https://indiankanoon.org
4. https://livelaw.in