Legal Aid

IA -1

National Legal Service Authority Act, 1987

SUBMITTED BY

JLU05831

2020BALLB084

ABHISHEK PARMAR

B.A.LL. B. (HONS.), VIIth SEM.

JAGRAN LAKECITY UNIVERSITY, BHOPAL

 “Empowering Justice: The National Legal Services Authority Act, 1987”

The National Legal Services Authority Act, 1987 is a crucial piece of legislation in India that
aims to provide free and competent legal services to the marginalized and underprivileged
sections of society. It established the National Legal Services Authority (NALSA) and State
Legal Services Authorities (SLSAs) to ensure that justice is accessible to all. The Act also
sets up various authorities and committees to oversee and manage the legal aid system in
India.
National Legal Services Authority (NALSA):
 NALSA is the apex body for the implementation of legal aid schemes and policies in
India.
 It was established under Section 3 of the Act.
 NALSA is responsible for formulating and implementing policies and schemes for the
effective and efficient provision of legal services.
 The Chief Justice of India is the Patron-in-Chief of NALSA.
 The Act also specifies that the Chief Justice of India can nominate a sitting or retired
judge of the Supreme Court as the Executive Chairman of NALSA.
 The Act outlines NALSA's functions, which include monitoring and evaluating legal
aid programs, framing guidelines for legal aid, and laying down policies to ensure
justice reaches the marginalized and weaker sections of society.

State Legal Services Authorities (SLSAs):

 Each state and union territory in India has its own State Legal Services Authority,
established under Section 6 of the Act.
 SLSAs are responsible for implementing legal aid programs at the state level.
 The Chief Justice of the respective High Court is the Patron-in-Chief of the State
Legal Services Authority.
 The Act provides for the appointment of an Executive Chairman and other members
of SLSAs, including representatives from the government and the legal profession.
 The State Legal Services Authority is responsible for providing legal services to the
eligible persons and organizing Lok Adalats (people's courts) for dispute resolution.

District Legal Services Authorities (DLSAs):

 At the district level, District Legal Services Authorities are established under Section
9 of the Act.
 These authorities are headed by a District Judge and consist of other members as
specified by the State Government.
  DLSAs are responsible for implementing legal aid programs and services at the
district level.
 They organize Lok Adalats and provide legal services to the people in their respective
districts.

Taluk Legal Services Committees (TLSCs):
 At the sub-district or taluk level, Taluk Legal Services Committees are established
under Section 11 of the Act.
 These committees are responsible for implementing legal aid programs at the
grassroots level.
 TLSCs are headed by a Judicial Officer of the rank of Subordinate Judge or Civil
Judge.
 They provide legal services and organize Lok Adalats at the taluk level.

High Court Legal Services Committees:

 Each High Court in India is required to constitute a High Court Legal Services
Committee under Section 8 of the Act.
 The committee is responsible for formulating policies and schemes for the effective
implementation of legal aid programs within the jurisdiction of the High Court.
 The Chief Justice of the High Court is the Patron-in-Chief of this committee.

Supreme Court Legal Services Committee:

 The Supreme Court Legal Services Committee is established under Section 7 of the
Act.
 It is responsible for formulating policies and schemes for the effective implementation
of legal aid programs within the jurisdiction of the Supreme Court.
 The Chief Justice of India is the Patron-in-Chief of this committee.

The Act in India aimed at providing legal services and assistance to individuals who are
unable to access legal representation due to economic or other disadvantages. It was enacted
to ensure that justice is accessible to all, regardless of their financial or social status.
1. Categories of Beneficiaries: The NALSA Act primarily identifies specific categories of
beneficiaries who are entitled to receive legal services. These categories include:
o Scheduled Castes and Scheduled Tribes: Members of the Scheduled Castes and
Scheduled Tribes, who are historically marginalized and disadvantaged groups, are
entitled to legal aid.
o Victims of Trafficking and Begging: Persons who have been victims of trafficking in
human beings or forced labor, as well as persons who are engaged in the act of
begging, are entitled to legal aid.
 o Women and Children: Women and children, especially those who are victims of
domestic violence, sexual abuse, or exploitation, are entitled to legal services.
o Mentally Ill or Mentally Disabled Persons: Persons suffering from a mental illness or
mental disability are entitled to legal aid.
o Persons in Custody: Persons who are in custody, whether in police custody or in jail,
are entitled to legal representation.
o Victims of Disasters: Victims of natural or man-made disasters are entitled to legal aid
for issues related to compensation, rehabilitation, and resettlement.

2. Eligibility Criteria: While the Act broadly defines these categories of beneficiaries, it also
empowers the State Legal Services Authorities and District Legal Services Authorities to
determine the eligibility of individuals for legal aid based on their economic and social
criteria.
3. Provisions of Legal Services: The NALSA Act provides a range of legal services and
assistance to eligible beneficiaries. These services include:
o Legal Representation: Beneficiaries are entitled to legal representation by a lawyer in
court proceedings, including criminal, civil, and family matters.
o Legal Advice and Consultation: Legal advice and consultation are provided to
individuals to help them understand their rights, options, and legal remedies.
o Mediation and Alternative Dispute Resolution: The Act encourages the use of
mediation and alternative dispute resolution mechanisms to settle disputes amicably.
o Legal Awareness and Education: Legal awareness programs are conducted to educate
people about their rights and responsibilities under the law.
o Sensitivity and Support: Special provisions are made for vulnerable groups, such as
women and children, to ensure they receive sensitive and appropriate legal support.
4. Funding: The Act also outlines the funding mechanism for legal services authorities, which
includes financial assistance from the central government, state government, and other
sources.
5. Monitoring and Evaluation: The Act mandates the monitoring and evaluation of the legal
aid programs to ensure their effectiveness and efficient utilization of resources.

Lok Adalats, Pre-Litigation Settlement, and Conciliation are mechanisms that have been
introduced to facilitate the speedy and cost-effective resolution of disputes

Lok Adalats (Section 19):

 Composition: Lok Adalats, which are also known as People's Courts, are composed of
a sitting or retired judicial officer as the chairperson and two other members, one of
whom should be a social worker.
  Jurisdiction: Lok Adalats have jurisdiction over both civil and criminal cases.
However, they can only deal with cases that are compoundable in nature (i.e., cases
where parties can reach a compromise).
 Procedure: Lok Adalats follow a more informal procedure compared to regular courts.
The emphasis is on conciliation and settlement. The chairperson and members of the
Lok Adalat act as conciliators and assist the parties in reaching an amicable
settlement.
 Award: If the parties agree to a settlement, the Lok Adalat records the settlement in
writing, and it has the same legal validity as a decree of a civil court. The award is
final and binding on both parties, and no appeal can be filed against it.
 No Court Fee: One significant advantage of Lok Adalats is that no court fee is payable
by the parties. The state government provides financial support to the Lok Adalats.

Pre-Litigation Settlement (Section 20):

 Scope: Pre-litigation settlement is a mechanism designed to resolve disputes at an
early stage before they enter the formal court system. It applies to all types of
disputes, whether civil or criminal.
 Procedure: When a person intends to file a case in a court, they have the option to
approach the Legal Services Authority for a pre-litigation settlement. The Authority
will then try to settle the dispute through conciliation.
 Legal Assistance: The Act ensures that free legal services are available for parties
seeking pre-litigation settlement. If a settlement is reached, it is recorded, and the
dispute is considered resolved without filing a formal case.
 Confidentiality: The Act also provides for the confidentiality of the pre-litigation
settlement process to encourage parties to come forward without fear of
compromising their legal positions.

Conciliation (Section 22):

 Scope: The Act allows for the establishment of conciliation centers under the Legal
Services Authority to facilitate the settlement of disputes through conciliation.
 Procedure: Conciliation is a voluntary process where a neutral third party (the
conciliator) assists the disputing parties in reaching an agreement. The process is more
flexible and less formal than a court trial.
 Confidentiality: Like pre-litigation settlement, conciliation proceedings are
confidential, and communications made during conciliation cannot be disclosed in
court.
 Settlement: If the parties agree to a settlement through conciliation, it is recorded and
signed by both parties. This settlement agreement is enforceable like a contract, and
the dispute is considered resolved.

Conclusion
The National Legal Services Authority Act, 1987 has been a pivotal legislation in India's legal
landscape. Its establishment marked a significant step towards ensuring equal access to
justice for all, particularly for the marginalized and underprivileged sections of society.
Through the provision of free legal aid and the promotion of alternative dispute resolution
mechanisms, the Act has not only facilitated the realization of fundamental rights but also
promoted social justice and inclusivity. Over the years, it has played a crucial role in
upholding the principles of fairness, equality, and the rule of law, making it an indispensable
cornerstone of India's legal system.