The Legal Services Authorities Act, 1987: Basis and Purpose of Enactment

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Basis and Purpose of Enactment

THE LEGAL SERVICES


AUTHORITIES ACT, 1987
Preamble of the Act of 1987

An Act 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 Adalats to
secure that the operation of the legal system
promotes justice on a basis of equal opportunity
Basis

Article 39A of the Constitution of India provides for free legal aid
to the poor and weaker sections of the society and ensures justice
for all. Articles 14 and 22(1) of the Constitution also make it
obligatory for the State to ensure equality before law and a legal
system which promotes justice on the basis of equal opportunity
to all. In the year 1987, the Legal Services Authorities Act was
enacted by the Parliament which came into force on 9th
November, 1995 to establish a nationwide uniform network for
providing free and competent legal services to the weaker
sections of the society on the basis of equal opportunity. The
National Legal Services Authority (NALSA) has been constituted
under the Legal Services
contd…
Contd…..

Authorities Act, 1987 to monitor and evaluate


implementation of legal aid programmes and to lay down
policies and principles for making legal services available
under the Act. In every State, a State Legal Services
Authority and in every High Court, a High Court Legal
Services Committee have been constituted. District Legal
Services Authorities, Taluk Legal Services Committee
have been constituted in the Districts and most of the
Taluks to give effect to the policies and directions of the
NALSA and to provide free legal services to the people
and conduct Lok Adalats in the State.
Functioning of NALSA

NALSA lays down policies, principles, guidelines and frames effective


and economical schemes for the State Legal Services Authorities to
implement the Legal Services Programmes throughout the country.
Primarily, the State Legal Services Authorities, District Legal Services
Authorities, Taluk Legal Services Committees, etc. have been asked
to discharge the following main functions on regular basis:

I. To Provide Free and Competent Legal Services to the eligible


persons;
II. To organize Lok Adalats for amicable settlement of disputes and
III. To organize legal awareness camps in the rural areas.
Free Legal Services

The Free Legal Services include:-


a) Payment of court fee, process fees and all other
charges payable or incurred in
connection with any legal proceedings;
b) Providing service of lawyers in legal proceedings;
c) Obtaining and supply of certified copies of orders and
other documents in legal
proceedings.
d) Preparation of appeal, paper book including printing
and translation of documents in legal proceedings.
Persons entitled to avail Legal Services

i) Women and children;


ii) Members of SC/ST
iii) Industrial workmen
iv) Victims of mass disaster, violence, flood, drought,
earthquake, industrial disaster.
v) Disabled persons.
vi) Persons in custody
vii) Persons whose annual income does not exceed Rs. 1 lakh
(in the Supreme Court Legal Services Committee the limit is
Rs. 1,25,000/-).
viii) Victims of Trafficking in Human beings or begar.
Lok Adalats

Where the disputes/cases pending in the court


of law or at pre-litigation stage are settled/
compromised amicably. The Lok Adalat has
been given statutory status under the Legal
Services Authorities Act, 1987. Under this Act, an
award made by a Lok Adalat is deemed to be a
decree of a civil court and is final and binding on
all parties and no appeal lies against thereto
before any court. Contd…
Contd…..

Lok Adalats are being organized by the Legal


Services Authorities/Committees for settlement
of cases pending before courts u/s 19 of the
Legal Services Authorities Act, 1987 and also for
matters at pre-Litigative stage, under the
guidance of NALSA.
Permanent Lok Adalat

Chapter VI-A has been inserted in the Legal Services


Authorities Act, 1987 in the year 2002, with a view to provide
compulsory pre-Litigative mechanism for conciliation and
settlement of disputes relating to ‘Public utility services.
“public utility service” means any- (i) transport service for
the carriage of passengers or goods by air, road or water; or
(ii) postal, telegraph or telephone service; or (iii) supply of
power, light or water to the public by any establishment; or
(iv) system of public conservancy or sanitation; or (v) service
in hospital or dispensary; or (vi) Insurance service. (vii)
Housing and Estates (viii) Banking and Financial.

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