This article is written by Sarika Kumari BA LL.B 3rd year student of Mewar Law Institute, Ghaziabad during her internship at Le Droit India.
Keywords
legal services, legal-aid, NALSA, Lok Adalat, Awareness,Taluk
ABSTRACT
Legal Services includes providing Free Legal Aid to those weaker sections of the society who fall within Section 12 of the Legal Services Authority Act, 1987. It also entails creating legal awareness by spreading legal literacy through legal awareness camps, print media, and digital media and organizing Lok Adalat for the amicable settlement of disputes which are either pending or which are yet to be filed, by way of compromise. NALSA also undertakes necessary steps by way of social action litigation with regards to any matter of special concern to the weaker sections of the society. Legal services also encompass facilitating the beneficiaries to get their entitlements under various government schemes, policies, and legislations. Moreover, according to Section 2(c) of the Legal Services Authorities Act, 1987, “legal services” includes 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.
Types
legal services authorities act is an act of 39 of 1987 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 Adalat to secure that the operation of the legal system promotes justice on a basis of equal opportunity. In India legal services exist on three different levels i.e., centre, state and district levels.
- The central government establishes the National Legal Services Authority (NALSA) and the Supreme Court Legal Services Committee (SCLC).
- 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).
- Section 11A and 11B of the Legal Services Authority Act deal with the Taluk Legal Services Committee.
National legal service authority
Section 3 of the act of 1987 states the Constitution of the National Legal Services Authority as,- The Central Government shall constitute a body to be called the National Legal Services Authority to exercise the powers and perform the functions conferred on or assigned to, the Central Authority under the Act.
Members- The Chief Justice of India who shall be the 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; 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.
Supreme Court Legal Services Committee
The Central Authority shall constitute a committee to be called the Supreme Court Legal Services Committee for the purpose of exercising such power and performing such functions as may be determined by regulations made by the Central Government.
Members-The Committee shall consist of—a sitting Judge of the Supreme Court who shall be the Chairman; such a number of other members possessing such experience and qualifications as may be prescribed by the Central Government, to be nominated by the Chief Justice of India.
Functions of the Central Authority —The Central Authority shall perform all or any of the following functions, namely—
- lay down policies and principles for making legal services available.
- frame the most effective and economical schemes for the purpose of making legal services.
- utilise the funds at its disposal and make appropriate allocations of funds to the State Authorities and District Authorities;
- take necessary steps by way of social justice litigation with regard to consumer protection, environmental protection or any other matter of special concern to the weaker sections of the society and for this purpose, give training to social workers in legal skills;
- organise legal aid camps, especially in rural areas, slums or labour colonies with the dual purpose of educating the weaker sections of the society as to their rights as well as encouraging the settlement of disputes through Lok Adalat;
- encourage the settlement of disputes by way of negotiations, arbitration and conciliation;
- undertake and promote research in the field of legal services with special reference to the need for such services among the poor;
- to do all things necessary for the purpose of ensuring commitment to the fundamental duties of citizens under Part IVA of the Constitution;
- monitor and evaluate the implementation of the legal aid programmes at periodic intervals and provide for independent evaluation of programmes and schemes implemented in whole or in part
- provide grants-in-aid for specific schemes to various voluntary social service institutions and the State and District Authorities, from out of the amounts placed at its disposal for the implementation of the legal services schemes
- develop, in consultation with the Bar Council of India, programmes for clinical legal education and promote guidance and supervise the establishment and working of legal services clinics in universities, law colleges and other institutions;
- take appropriate measures for spreading legal literacy and legal awareness amongst the people and, in particular, to educate weaker sections of the society about the rights, benefits and privileges guaranteed by social welfare legislations and other enactments as well as administrative programmes and measures;
- make special efforts to enlist the support of voluntary social welfare institutions working at the grass-root level, particularly among the Scheduled Castes and the Scheduled Tribes, women and rural and urban labour; and
- coordinate and monitor the functioning 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 organisations and give general directions for the proper implementation of the legal services programmes.
State legal services authority
Constitution of State Legal Services Authority—Every State Government shall constitute a body to be called the Legal Services Authority for the State to exercise the powers and perform the functions conferred on, or assigned to, a State Authority under this Act.
Members-The Chief Justice of the High Court who shall be the Patron-in-Chief; a serving or retired Judge of the High Court, to be nominated by the Governor, in consultation with the Chief Justice of the High Court, who shall be the Executive Chairman; and a such number of other members, possessing such experience and qualifications as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the High Court.
Functions of the State Authority—It shall be the duty of the State Authority to give to affect the policy and directions of the Central Authority and shall perform all or any of the following functions, namely—
- give legal service to persons who satisfy the criteria laid down under this Act;
- conduct Lok Adalat, including Lok Adalat for High Court cases;
- undertake preventive and strategic legal aid programmes; and
- perform such other functions as the State Authority may, in consultation with the [Central Authority], fix by regulations.
High Court Legal Services Committee
The State Authority shall constitute a Committee to be called the High Court Legal Services Committee for every High Court, for the purpose of exercising such powers and performing such functions as may be determined by regulations made by the State Authority.
Members-a sitting Judge of the High Court who shall be the Chairman; and such a number of other members possessing such experience and qualifications as may be determined by regulations made by the State Authority, to be nominated by the Chief Justice of the High Court.
District Legal Services Authority
The State Government shall, in consultation with the Chief Justice of the High Court, constitutes a body to be called the District Legal Services Authority for every District in the State to exercise the powers and perform the functions conferred on, or assigned to, the District Authority.
Members-The District Judge who shall be its Chairman; and such a number of other members, possessing such experience and qualifications, as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the High Court.
The State Authority shall, in consultation with the Chairman of the District Authority, appoint a person belonging to the State Judicial Service not lower in rank than that of a Subordinate Judge or Civil Judge posted at the seat of the District Judiciary as Secretary of the District Authority to exercise such powers and perform such duties under the Chairman of that Committee as may be assigned to him by such Chairman.
Functions of the District Authority—It shall be the duty of every District Authority to perform such of the functions of the State Authority in the District as may be delegated to it from time to time by the State Authority. Authority may perform all or any of the following functions, namely—
- coordinate the activities of the Taluk Legal Services Committee and other legal services in the district.
- organize Lok Adalat within the District, and
- perform such other functions as the State Authority may fix by regulations.
Taluk Legal Services Committee
The State Authority may constitute a committee, to be called the Taluk Legal Services Committee, for each taluk or Mandal or for a group of taluks or manuals.
Members- The senior-most Judicial Officer operating within the jurisdiction of the Committee who shall be the ex officio Chairman; and a such number of other members, possessing such experience and qualifications, as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the High Court.
Functions of Taluk Legal Services Committee—The Taluk Legal Services Committee may perform all or any of the following functions, namely —
- co-ordinate the activities of legal services in the taluk;
- organize Lok Adalat within the taluk; and
- perform such other functions as the District Authority may assign to it.
- The organisation of Lok Adalat—Every State Authority or District Authority or the Supreme Court Legal Services Committee or every High Court Legal Services Committee or, as the case may be, Taluk Legal Services Committee may organize Lok Adalat at such intervals and places and for exercising such jurisdiction and for such areas as it thinks fit.
Members of Lok Adalat-Every Lok Adalat organised for an area shall consist of such number of—serving or retired judicial officers; and other persons, of the area as may be specified by the State Authority or the District Authority or the Supreme Court Legal Services Committee or the High Court Legal Services Committee, or as the case may be, the Taluk Legal Services Committee, organising such Lok Adalat.
Jurisdiction-A Lok Adalat shall have jurisdiction to and to arrive at a compromise or settlement between the parties to a dispute in respect of—
- any case pending before; or
- any matter which is falling within the jurisdiction of, and is not brought before
- any Court for which the Lok Adalat is organised.
Conclusion
The legal services authorities act was enforced on 11th October 1987 and extends to the whole of India. It constitutes legal services authorities at different levels to ensure that free and competent legal services can be provided to the weaker section of the society to ensure justice to all. The effort is to publicize legal aid schemes so that the target group, for whom Legal Services Authorities Act has provided free legal aid, may come to know about the same and approach the concerned legal services functionaries. A nationwide network has been envisaged under the Act for providing legal aid and assistance.
