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community to administer the legal aid scheme and the State to fund legal representation
174 to the accused in criminal proceedings, appeals, and jails. In 1960, the Union
Government initiated the national legal aid scheme which faced financial shortages and
died a natural death. In 1973, in the second phase, the Union Government constituted a
committee under the chairmanship of Justice Krishna Iyer to develop a legal aid scheme
for states. The Committee devised a strategy in a decentralized mode with legal aid
committees in every district, state, and center. A committee on judicature was set up
under the chairmanship of Justice P N Bhagwati to implement the legal aid scheme.

This Committee suggested legal aid camps and nyayalayas in rural areas and
recommended the inclusion of free legal aid provision in the Constitution. In 1980, the
Committee on National Implementation of Legal Aid was constituted with Justice
Bhagwati as its head. Subsequently, the Parliament enacted the Legal Services
Authorities Act, 1987.

Legal provisions providing for legal aid

Section 340(1) of the Code of Criminal Procedure, 1898, provided that when a man was
charged with an offence punishable with death, the court could provide him with counsel
upon his request.

This was subject to twisted interpretation by the court, as the court regarded this as a
privilege rather than a right in Tara Singh v. State of Maharashtra. However in the Code
of Criminal Procedure of 1973, this was made a statutory rule and it was provided that in
a trial before a session Judge if the accused does not have sufficient means to employ
pleaders, the court shall do so at its own expense.

Legal services authority in India

In India, legal services exist at three levels i.e.- The center, state and, the district level.
The central government establishes the National Legal Services Authority (NALSA) and
the Supreme Court Legal Services Committee (SCLSC).

The State Government establishes the State Legal Services Authority (SLSA) and the
High Court Legal Services Committee (HCLSC). The State government also establishes
the District Legal Services Authority (DLSA).

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Section 11A and 11B of the Legal Services Authority Act deal with the Taluk Legal
Services Committee.

Some functions are common to all authorities. These can be classified into two types i.e.-
Pre-litigation and post-litigation services. The authorities intend to follow the principle
that prevention is better than cure, hence a large emphasis has been paid to pre-
litigation services through legal awareness, legal camps, legal advice, and legal
education.

It is also the duty of all of these authorities to provide for post-litigation services in the
form of free of charge representation in court and aid in other court related expenditure.

National Legal Services Authority

Members of NALSA Members of SCLSC

1. The Chief Justice of India as the Patron-

in-chief. 1. Judge of the Supreme Court as its

2. A judge of the Supreme Court nominated chairman.

by the President as the executive 2. Other members as prescribed by the

chairman. government and nominated by the

3. Other members nominated by the CJI.

Government in consultation with the CJI.

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Functions of the Central Authority

1. Lay down policies and principles for fulfilling the provisions of the Legal Services Act.

2. Frame the most economic schemes for providing legal aid to the poor.

3. Utilize funds at their disposal to be given to the State and District authorities.

4. Organize Legal Aid camps in rural and slum areas.

5. Undertake and promote research in the field of Legal aid, with special emphasis on
providing legal aid to the poor.

6. To do all things necessary for the fulfillment of fundamental duties given under Part
IV-A of the Constitution.

7. Develop in consultation with the Bar Council of India, programs for clinical legal
education.

8. Take appropriate measures for spreading legal literacy and legal awareness amongst
the people and, in particular, to educate weaker sections of society.

9. Make special efforts to enlist the support of voluntary social welfare institutions
working at the grass-root level.

10. Coordinate and monitor the functions of State Authorities, District Authorities,
Supreme Court Legal Services Committee, High Court Legal Services Committees,
Taluk Legal Services Committees and voluntary social service Institutions and other
legal services organizations and give general directions for the proper implementation
of the program.

11. Provide grants and aids for various schemes and social service institutions.

State Legal Services Authority

Members of SLSA Members of HCLSC

1. Chief justice of the High court as the

patron-in-chief.

2. A judge of the High Court nominated 1. Judge of High Court as its chairman.

by the governor as the executive 2. Other members are prescribed by the

chairman. state authority and nominated by the

3. Other members nominated by the Chief Justice of the High Court.

state government in consultation with

Chief Justice of High Court.

Functions
The state authority has the responsibility to give effect to the directions issued by the
Central authority. It provides legal services like the central authority and also conducts
Lok Adalats. Besides this the authority also has other functions as follow:

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1. Give legal services to persons who satisfy the criteria under the act.

2. Conduct Lok Adalats for all types of cases

3. Undertake preventive and strategic Legal Aid programs.

4. Perform other functions as notified by the central authority to the state authority from
time to time.

District Legal Services Authority

Member of the DLSA- District Judge as its chairman, other members nominated by the
state government in consultation with the Chief Justice of High court. Every district
authority has to give effect to such directions that are issued to it by the State authority,
it also has to take cognizance of the directions that are given by the state authority.

The district authority has the following functions that it needs to perform

1. Coordinate the activities of the Taluk Legal Services Committee and other legal
services in the District.

2. Organized Lok Adalats within the District.

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

Taluk Legal services committee

Section 11A and 11B of the Legal services authorities act deals with the Taluk Legal
services committee. The state authority shall constitute a committee for every Taluk
which may be referred to as the Taluk Legal services committee.

The committee shall consist of a Senior Civil Judge operating within the limits as an ex-
officio Chairman, and other such members prescribed and nominated by the state
government in consultation with the chief justice of High Court.

Power to constitute Lok Adalats

Every central, state, district, or taluk committee may organize Lok Adalats from time to
time. A case may be referred to the Lok Adalat if any of the parties thereof makes an
application to the court for referring the case to a Lok Adalat.

Powers of the Lok Adalat

The Lok Adalat for determination of any matter under this Act will have the same powers,
that of a civil court that has been granted to it under the Code of Civil Procedure 1908.
The powers of the Lok Adalat are as follows:

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1. The summoning and enforcing the attendance of any witness and examining him on
oath.

2. The discovery and production of any document.

3. The reception of evidence on affidavits.

4. The requisitioning of any public record or document or copy of such record or

document from any court or office.

5. Such other matters as may be prescribed.

Legal Aid under the Indian Penal Code

Section 340(1) of the Code of Criminal Procedure, 1898, provided that if a man was
charged with an offence punishable with death, the court could provide him with counsel
upon his request. This was subjected to a twisted interpretation by the Supreme Court by
classifying it as a privilege rather than the duty of the magistrate in Tara Singh v. State
(1951 AIR 441). However, India in the Code of Criminal Procedure, 1973, facilitated the
statutory implementation of free legal aid subsequently. Section 304(1) provides that: In
a trial before the sessions judge, if the accused has not sufficient means to engage a
pleader, the court should assign a pleader for his defense at the expense of the State.

Conclusion
Legal Services have been the cornerstone of justice for centuries, they help in fulfilling
the ideal of equal justice, irrespective of the financial ability of an individual. Their
existence is also a testament to the working of a socialist structure in a country, and also
shows the various benefits of a socialist structure. The abscess of legal services may lead
to misuse of the law that was created to protect the underprivileged and wronged in the
first place.

Legal services can be in different forms, in India they have taken the form of authorities
at the central and state level. We also see the presence of legal services under the
Directive principles of state policy in the constitution.

Hence their optimum usage and implementation are essential for the proper working of
the Justice system in any country.

References
http://lawcommissionofindia.nic.in/1-50/index1-50.htm

http://www.cbseacademic.nic.in/web_material/doc/Legal_Studies/Legal%20Studies%20T

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