PROVISIONS OF LEGAL FRAMEWORK: LEGAL SERVICES AUTHORITIES ACT, 1987 UNDER ADR

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This article is written by Jaya Sharma of Dr. B.R Ambedkar National Law University, Sonipat, an intern under Legal Vidhiya

Abstract

The Legal Services Authority Act, 1987, is a landmark piece of law in India that strives to ensure equitable access to justice for all people, regardless of socioeconomic position. This abstract emphasises significant elements of the Act, such as legal aid, the development of multiple levels of legal services agencies, and the promotion of alternative conflict resolution processes. It emphasises the Act’s significance in uplifting marginalised populations and protecting fundamental rights. This legislation has changed over time in order to promote a fair and inclusive legal system. It has had a significant impact on closing the justice gap and building a more egalitarian society.

Keywords: Legal Services Authority Act, 1987, legal aid, access to justice, legal services authorities, alternative dispute resolution, marginalized communities, fundamental rights, inclusive legal system.

INTRODUCTION

The Legal Services Authority Act of 1987, an enduring piece of law in the Indian setting, emerges as a crucial force for change in the area of legal services and conflict settlement. It is a legislative cornerstone that has not only changed the Indian legal landscape but has also redefined the idea of access to justice and fairness. In a world where Alternative Dispute Resolution (ADR) is gaining popularity as a more efficient and user-centric approach to conflict resolution, this Act offers as a solid foundation for ADR approaches to flourish. Within its numerous provisions is a strong dedication to breaking down obstacles to justice, transforming it from a privilege of the privileged to an indisputable right conferred upon every person. We go on a journey to unravel the rich fabric of the Legal Services Authority Act, 1987, investigating its critical components, revolutionary impact on ADR practises, and enduring influence on the broader landscape of justice in India in this exploration. The Legal Services Authorities Act of 1987, enacted by the Indian Central Government in accordance with Article 39-A of the Indian Constitution and recommendations from various committees, went into effect on November 9, 1995, following the 1994 Amendment Act, which made significant changes. This Act extends legal assistance provisions to those who are economically disadvantaged, marginalised, or disabled. Justice P.N. Bhagawati pioneered the legal assistance scheme, which is overseen by the Legal assistance Committee, in 1971. On December 5, 1995, the National Legal Services Authority was established under the leadership of Justice R.N. Mishra, marking a watershed moment in the Act’s implementation. This was a huge step forward in the Act’s implementation and its greater objective of securing justice for all.

OBJECTIVES

The objectives of this article are multi-fold. Firstly, we aim to provide a comprehensive understanding of the Legal Services Authorities Act of 1987, shedding light on its historical origins, legislative framework, and the pivotal role it plays in shaping access to justice in India. We will delve into the Act’s core principle of extending legal aid to the economically disadvantaged, marginalized, and disabled, highlighting the transformative effect on their access to justice. We will also explore the nuances of Lok Aadalts under this act. Through this article, we aim to paint a vivid and insightful picture of how the Legal Services Authorities Act, 1987, has evolved to become a cornerstone of equitable justice in India.

HISTORICAL BACKGROUND

The Legal Services Authorities Act, 1987 (LSA Act) arose from the aspirational objectives inherent in the Indian Constitution. The inspiration for the establishment of this transformative legislation was Article 39-A of the Indian Constitution, a directive principle of state policy. The LSA Act’s constitutional foundation was built by this article, which emphasises equal justice and the provision of free legal assistance as vital elements of a just and fair society. While the constitutional command supplied the logical framework, different committees and recommendations provided the practical drive. Notably, the Committee for Implementing Legal Aid Schemes’ 1971 report (the “Khosla Committee”) emphasised the critical necessity for a legal aid mechanism to bridge the justice gap and make justice accessible to all, particularly the marginalised and economically disadvantaged. This report sparked the creation of legal aid programmes in India. The LSA Act, however, was not officially approved by the Central Government until 1987. This act was more than just a statutory provision; it was a watershed moment in Indian legal history. It turned the Constitution’s abstract goals into a solid legal framework, giving substance to the practical concerns of providing legal aid and fostering equal access to justice. In short, the LSA Act is a confluence of constitutional objectives, expert committee recommendations, and the Indian government’s legislative resolve, all converged to create a legal landscape in which justice recognises no economic or social borders.

PROVISIONS OF LEGAL FRAMEWORK UNDER LEGAL SERVICES AUTHORITIES ACT,1987

The Legal Services Authorities Act, 1987, is a comprehensive legislative framework that aims to ensure equal access to justice for all citizens, particularly those who are economically disadvantaged and marginalized. The Act establishes a robust system for the provision of legal aid and the promotion of alternative dispute resolution mechanisms.

Here’s an insight to the following provisions:

Section 3: Establishment of National Legal Services Authority (NALSA)

Section 3 of the Legal Services Authorities Act, 1987, deals with the establishment of the National Legal Services Authority (NALSA). NALSA is the apex body responsible for overseeing and coordinating the implementation of legal aid programs and services at the national level. NALSA consists of the Chief Justice of India (or a judge nominated by the Chief Justice of India) as its Patron-in-Chief. It also includes other members, both judicial and non-judicial, as determined by the Central Government. The primary objective of NALSA is to formulate and implement effective policies and programs for providing legal aid and promoting legal awareness. It works towards ensuring that justice reaches every corner of the country and is accessible to all, especially to the marginalized and underprivileged sections of society. NALSA plays a pivotal role in coordinating and monitoring the activities of State Legal Services Authorities (SLSAs) and District Legal Services Authorities (DLSAs). It provides guidance and financial assistance to these lower-tier authorities, ensuring the effective implementation of legal aid programs.

Section 4: Constitution of Other Legal Services Authorities

Section 4 of the LSA Act deals with the establishment of legal services authorities at the state and district levels. These authorities are responsible for implementing legal aid programs within their respective jurisdictions. Here’s a breakdown:

State Legal Services Authority (SLSA): At the state level, the Act mandates the establishment of the State Legal Services Authority. Each SLSA comprises the Chief Justice of the High Court as its Patron-in-Chief, along with other members, both judicial and non-judicial, as determined by the state government.
District Legal Services Authority (DLSA): At the district level, the District Legal Services Authority is established. This authority is chaired by the District Judge and includes other members, judicial and non-judicial, appointed by the state government.

The primary functions of SLSAs and DLSAs include providing free legal services to eligible individuals, organizing legal aid clinics, promoting awareness about legal rights, and coordinating with other agencies involved in the delivery of legal services. SLSAs coordinate and oversee the functioning of DLSAs within their respective states, ensuring that legal aid reaches those in need at the grassroots level. These authorities are instrumental in ensuring that legal services are accessible to economically weaker sections, socially disadvantaged groups, women, children, and other marginalized communities, as per the eligibility criteria defined in the Act. Sections 3 and 4 of the Legal Services Authorities Act, 1987, establish a hierarchical structure of legal services authorities, with NALSA at the national level and SLSAs and DLSAs at the state and district levels, respectively. These authorities play a pivotal role in the administration of legal aid and the promotion of legal awareness, thus contributing significantly to the realization of equal access to justice for all citizens.

In this historic case of (NALSA) v. Union of India and Others [1]the Supreme Court of India recognized the rights of transgender individuals and established critical guidelines for their protection and inclusion. While the case primarily revolved around transgender rights, it also reaffirmed the significance of the National Legal Services Authority (NALSA) in implementing legal aid programs and promoting access to justice for marginalized communities. The judgment underscored the need for NALSA to proactively address the legal issues faced by transgender individuals and ensure their full participation in society. It emphasized NALSA’s role in providing legal aid and awareness to protect the rights and dignity of marginalized and vulnerable groups, aligning with the overarching principles of the Legal Services Authorities Act, 1987.

Section 6: Composition of National Legal Services Authority (NALSA):

Section 6 of the LSA Act outlines the composition of the National Legal Services Authority (NALSA), which is the apex body responsible for overseeing and coordinating the implementation of legal aid programs and services at the national level. Here are the key details:

Patron-in-Chief: NALSA is headed by the Chief Justice of India, or in their absence, by a judge nominated by the Chief Justice of India, who serves as the Patron-in-Chief of NALSA. This judicial leadership at the highest level ensures the authority’s credibility and impartiality.
Other Members: In addition to the Patron-in-Chief, NALSA includes other members, both judicial and non-judicial, as determined by the Central Government. The inclusion of non-judicial members brings diverse expertise and perspectives to the authority’s decision-making processes.
Balanced Representation: The composition of NALSA aims to strike a balance between judicial and non-judicial members, emphasizing the need for a holistic approach to legal aid and access to justice.

Section 7: Composition of State Legal Services Authority (SLSA):

Section 7 of the Act addresses the composition of the State Legal Services Authority (SLSA), which operates at the state level and is responsible for overseeing legal aid programs within the respective state.

Patron-in-Chief: Each SLSA is chaired by the Chief Justice of the respective High Court or a judge nominated by them, who serves as the Patron-in-Chief of the SLSA.
Other Members: Similar to NALSA, SLSAs include other members, both judicial and non-judicial, as appointed by the state government. This diverse composition ensures that the authority can effectively cater to the legal needs of the state’s population.
Balanced Representation: The Act emphasizes balanced representation, ensuring that the authority reflects the expertise and perspectives of both the legal and non-legal community.

Section 8: Composition of District Legal Services Authority (DLSA):

Section 8 of the Act pertains to the composition of the District Legal Services Authority (DLSA), which operates at the district level and plays a critical role in the implementation of legal aid programs. Here are the key details:

Chairperson: The DLSA is headed by the District Judge of the respective district, who serves as the chairperson of the authority. This judicial leadership at the district level is essential for effective coordination and administration of legal aid.
Other Members: DLSAs include other members, both judicial and non-judicial, as appointed by the state government. The inclusion of non-judicial members ensures a more comprehensive approach to addressing legal aid needs at the local level.
Local Representation: DLSAs are deeply rooted in the districts they serve, allowing for a more localized and community-centric approach to providing legal services.

PROVISIONS OF LEGAL AID UNDER LEGAL SERVICES AUTHORITY ACT ,1987

The committee, led by Justice PN Bhagwati, had a comprehensive agenda, including determining the eligibility criteria for individuals to qualify for free legal aid—a matter also addressed in the Code of Criminal Procedure, 1973, specifically under Section 304. This provision emphasizes the state’s responsibility to provide free and competent legal assistance to marginalized members of society. This principle was firmly established in the landmark case of Hussainara Khatoon v. State of Bihar (1979[2]), where it was affirmed that legal aid should be furnished at the state’s expense for marginalized groups. In a similar vein, the Supreme Court’s ruling in Suk Das v. Union Territory of Arunachal Pradesh (1986) [3]held that a conviction may be set aside on socio-economic grounds if the accused cannot afford legal aid.

Section 12 of the Legal Services Authorities Act, 1987, outlines specific categories of people eligible for free legal aid. This includes members of Scheduled Castes or Scheduled Tribes, victims of human trafficking or beggars as referenced in Article 23 of the Constitution, women, children, individuals with disabilities as defined in the Persons with Disabilities Act, 1995, and those facing circumstances of extreme deprivation, such as victims of mass disasters, ethnic violence, or industrial disasters. Additionally, individuals in custody, including those in protective homes, juvenile homes, or psychiatric institutions, are eligible for free legal aid. Finally, those with an annual income below specified thresholds, as determined by the State or Central Government depending on the court involved, also qualify for such assistance.

PROVISIONS OF LOK AADALTS UNDER LEGAL SERVICES AUTHORITY ACT,1987

The Legal Services Authorities Act, 1987, provides for the establishment of Lok Adalats, which are a unique and vital alternative dispute resolution mechanism in India. Lok Adalats aim to provide speedy and cost-effective justice to litigants while promoting the amicable resolution of disputes. Here, we explore the key provisions of Lok Adalats under this Act, along with relevant case laws that have helped shape their functioning.

1. Composition and Jurisdiction (Section 19): Lok Adalats are composed of serving or retired judicial officers, social workers, and other experts. They are presided over by a sitting or retired judicial officer. Lok Adalats can adjudicate and settle civil, criminal, and compoundable cases. Importantly, their decisions have the same legal standing as a decree of a civil court.

2. Nature and Functioning (Section 19A):

Lok Adalats primarily operate as conciliation forums. They encourage parties to settle their disputes amicably through negotiations, without the adversarial proceedings of regular courts. They have the authority to summon witnesses, take evidence, and make binding decisions if parties arrive at a settlement.

3. Compromise and Award (Section 20): If parties reach a compromise in a Lok Adalat, it is reduced to writing and signed by both parties. This compromise is final and binding on the parties involved. In cases where no compromise is reached, the matter is referred back to the appropriate court for adjudication.

4. Cost-Free Proceedings (Section 20A):

Proceedings in Lok Adalats are cost-free, meaning litigants do not incur court fees or charges during the resolution process. This provision significantly reduces the financial burden on parties and promotes access to justice.

5. Statutory Backing (Section 22B): The decisions of Lok Adalats are deemed to be decrees of a civil court and are enforceable as such. This statutory backing ensures the enforceability and legal validity of settlements reached in Lok Adalats.

In the case of P.N.B. v. Laxmichand Rai,[4] the Court ruled that the decision rendered by a Lok Adalat under the Legal Services Authorities Act, 1987, is conclusive and cannot be challenged through an appeal in any judicial forum.

In the case of P.T. Thomas v. Thomas Job (2005)[5], the Supreme Court provided a detailed explanation of Lok Adalats. The Court described Lok Adalat as an ancient dispute resolution system that has deep roots in India, and its legitimacy remains unquestioned to this day. According to the principles of Mahatma Gandhi, Lok Adalat translates to the “People’s Court” and stands as a fundamental component of alternative dispute resolution. Notably, when disputes are resolved through Lok Adalats, there are no court fees involved, and any fees already paid are refunded.

Furthermore, as highlighted in the case of B.P. Moideen Sevamandir and others v. AM Kutty Hassan (2008)[6], Lok Adalats offer the convenience of direct communication between parties and their legal representatives, which is often more practical than the formal courtroom setting. Due to their flexibility and adaptability, Lok Adalats have the ability to strike a balance between the interests of both parties and issue orders that are mutually acceptable.

CONCLUSION

The Legal Services Authorities Act, 1987, stands as a beacon of access to justice in India. It encompasses an array of provisions that extend far beyond mere legal aid; it represents a holistic approach to addressing the needs of the marginalized, the underprivileged, and those seeking redressal of their grievances without the weight of financial constraints. As we have explored in this article, the Act’s provisions encompass a dynamic landscape that includes the National Legal Services Authority (NALSA), legal aid, and Lok Adalats.

NALSA, established under the Act, serves as the apex body overseeing the implementation and coordination of legal aid and services across the nation. It channels the spirit of justice to the grassroots level, ensuring that legal aid reaches those who need it most. Lok Adalats, another integral part of the Act, offer an alternative dispute resolution mechanism that not only reduces the burden on traditional courts but also fosters amicable settlements. In essence, the Legal Services Authority Act is more than just legislation; it is a profound commitment to the ideals of justice, equality, and empowerment. It embodies the belief that justice should not be a privilege reserved for the few but a fundamental right accessible to all. Through NALSA, legal aid, and Lok Adalats, the Act has paved the way for a more inclusive and accessible justice system in India. As we conclude our exploration of the Act, we recognize that it is not just a legal framework; it is a societal affirmation that justice knows no economic or social boundaries. It is a testament to the resilience of a legal system that continually seeks to bridge gaps and deliver justice to the doorstep of every citizen. The Legal Services Authority Act, 1987, reminds us that in the pursuit of a just and equitable society, the law is not just an instrument; it is the very essence of democracy and progress

REFERENCES

Dr. R. K. Chauhan, “Access to Justice through Legal Aid in India: An Overview,” Indian Journal of Law and Justice (2017).
Dr. Praveen Verma, “Role of Permanent Lok Adalats in Access to Justice,” International Journal of Advance Research and Innovative Ideas in Education (2018).
https://nalsa.gov.in/ (last visited on Sep 11,2023)
https://doj.gov.in/access-to-justice-for-the-marginalized/ ( last visited on Sep 11,2023).
https://www.legalserviceindia.com/articles/legaut.html. (last visited on Sep 12,2023).
https://www.scconline.com/blog/post/category/op-ed/legal-analysis/ ( last visited Sep 13,2023).
https://www.jstor.org/stable/26826636 ( last visited on Sep 14,2023).