Legal Services Authorities

What are Legal Service Authorities?

The Legal Services Authorities  have been established to provide 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. To promote this goal of ensuring that everyone receives justice, it has also been assigned the duty of conducting Lok Adalats. The key responsibilities of the authorities are to promote legal knowledge, offer legal help, and mediate conflicts peacefully. It provides legal aid by way of providing the services of able efficient services of lawyers. Any person, who fulfills the criteria, is entitled for legal aid.

Lok Adalats organized by the Authorities and the Taluk Committees help the disputing parties to come to settlement through conciliation and such settlement reached before a Lok Adalat becomes a record having equal status as that of a judgment/decree of the Court.

Official Definition of Legal Service Authorities

'Legal Service Authority' as defined in Legislations

Legal Service Authorities and their framework has been defined under Legal Services Authorities Act, 1987. The Act was passed as a result of the legal aid movement in different parts of the world. It also furthers the rationale behind Article 39A of the Constitution of India which states that the State must ensure that the functioning of the legal system promotes justice on the basis of equal opportunity and, in particular, must provide free legal aid through appropriate legislation or in any other way to ensure that no citizen is denied the opportunity to secure justice due to their financial situation or another type of disability. Articles 14 and 22(1) of the Constitution also states that the State must guarantee equality before the law and a judicial system that advances justice on the basis of equal opportunity for everyone. The Act provides for its legal foundation and its functioning at various levels, including the National Legal Services Authority (NALSA) at the national level, State Legal Services Authorities (SLSAs) at the state level, District Legal Services Authorities (DLSAs) at the district level, and Taluk Legal Services Committees (TLSCs) at the taluk or sub-district level. Additionally, the Act lays down the functions, composition and powers of these authorities.

Legal Provision relating to 'Legal Services Authority'

Who is entitled to get free legal services? The categories of individuals listed in Section 12 of the Legal Services Authorities Act are eligible to receive free legal services. These include:

1. Individuals belonging to Scheduled Castes or Scheduled Tribes.
2. Victims of human trafficking or begar, as mentioned in Article 23 of the Constitution.
3. Women and children.
4. People with mental illness or other disabilities.
5. Those experiencing extreme hardship due to circumstances such as mass disasters, ethnic violence, caste atrocities, floods, droughts, earthquakes, or industrial disasters.
6. Industrial workers.
7. In custody, including custody in a protective home within the meaning of clause (g) of Section 2 of the Immoral Traffic (Prevention) Act, 1956(104 of 1956); or in a juvenile home within the meaning of clause(j) of Section 2 of the Juvenile Justice Act, 1986 (53 of 1986); or in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of Section 2 of the Mental Health Act, 1987(14 of 1987).
8. Individuals in receipt of annual income less than the amount mentioned in the following schedule (or any other higher amount as may be prescribed by the State Government), if the case is before a Court other than the Supreme Court, and less than Rs 5 Lakh, if the case is before the Supreme Court.

The Income Ceiling Limit prescribed under Section 12(h) of the Act for availing free legal services in different States has been stated below:

States/ Union Territories	Income Ceiling Limit (Per Annum)
Andhra Pradesh	Rs. 3,00,000/-
Arunachal Pradesh	Rs. 1,00,000/-
Assam	Rs. 3,00,000/-
Bihar	Rs. 1,50,000/-
Chhattisgarh	Rs. 1,50,000/-
Goa	Rs. 3,00,000/-
Gujarat	Rs. 1,00,000/-
Haryana	Rs. 3,00,000/-
Himachal Pradesh	Rs. 3,00,000/-
Jammu and Kashmir	Rs. 1,00,000/-
Jharkhand	Rs. 3,00,000/-
Karnataka	Rs. 1,00,000/-
Kerala	Rs. 300,000/-
Madhya Pradesh	Rs. 1,00,000/-
Maharashtra	Rs. 3,00,000/-
Manipur	Rs. 3,00,000/-
Meghalaya	Rs. 1,00,000/-
Mizoram	Rs. 25,000/-
Nagaland	Rs. 100,000/-
Odisha	Rs. 3,00,000/-
Punjab	Rs. 3,00,000/-
Rajasthan	Rs. 1,50,000/-
Sikkim	Rs. 3,00,000/-
Telangana	Rs. 1,00,000/-
Tamil Nadu	Rs. 3,00,000/-
Tripura	Rs. 1,50,000/-
Uttar Pradesh	Rs. 1,00,000/-
Uttarakhand	Rs. 3,00,000/-
West Bengal	Rs. 1,00,000/-
Andaman and Nicobar Islands	Rs. 3,00,000/-
Chandigarh	Rs. 3,00,000/-
Dadra & Nagar Haveli	Rs. 15,000/-
Daman & Diu	Rs. 1,00,000/-
Delhi	General- Rs. 1,00,000/- Senior citizen- Rs. 2,00,000/- Transgender- Rs. 2,00,000/-
Lakshadweep	Rs. 9000/-
Puducherry	Rs. 1,00,000/-

What is the nature of free legal services?

The provision of free legal aid encompasses various forms of support, such as:

a) Legal representation by an advocate during legal proceedings.

b) Covering process fees, witness expenses, and other charges related to legal proceedings in suitable cases.

c) Assisting in the preparation of legal documents, including pleadings, appeal memoranda, paper books, document printing, and translation for legal proceedings.

d) Drafting legal documents, special leave petitions, etc.

e) Supplying certified copies of judgments, orders, evidence notes, and other documents from legal proceedings.

Free legal services also extend to offering assistance and advice to beneficiaries seeking benefits under welfare statutes and schemes established by the Central or State Government. This aims to ensure equitable access to justice through various means.

As per Section 2(c) of the Legal Services Authorities Act, 1987, "legal services" encompasses any service related to the management of a case or other legal proceedings before a court, authority, or tribunal, as well as providing advice on legal matters.

Kinds of Legal Services Authority

National Legal Services Authority

Chapter II of the Act lays down the guidelines for constitution of the National Legal Services Authority and the functions performed by them. The body is to be constituted by the Union Government. It shall consist of the CJI, a serving or retired judge of the Supreme Court to be nominated by the President, in consultation with the CJI. The Central Government is also required to appoint a person to be the Member-Secretary and the term of the office and other related conditions are prescribed by the Central Government in consultation with the CJI.

The central authority is also assisted by the Supreme Court Legal Services Committee.

The NALSA lays down policies and principles for making services available to the people. It has also been given the responsibility to utilize the funds efficiently and take the necessary steps by way of social justice litigation. Additionally, it organizes legal aid camps in rural areas, programmes for legal education and encourage the settlement of disputes through Lok Adalats and other alternative dispute resolution methods. It also undertakes the duty to promote research in this field with a special reference to people who lack the basic amenities. Finally, it coordinates and monitors the functioning of all the other authorities below it.

State Legal Services Authorities

Chapter III of the Act lays down the constitution of State Legal Services Authorities and its functions. Every state is required to constitute a body called the Legal Services Authority for the State to exercise the powers and perform the functions assigned to it. The constitution of the State Legal Services Authority involves several key components. Firstly, it includes the Chief Justice of the High Court, who assumes the role of the Patron-in-Chief. Secondly, a serving or retired Judge of the High Court is nominated by the Governor in consultation with the Chief Justice of the High Court to serve as the Executive Chairman. Additionally, the State Government nominates other members possessing specific experience and qualifications, in consultation with the Chief Justice of the High Court.

It functions as a crucial institution responsible for executing a range of vital tasks. Its foremost duty lies in implementing the policies and directives laid out by the Central Authority, thereby ensuring the uniformity and effectiveness of legal services across the state. A significant part of its role revolves around delivering legal aid to individuals who meet specified criteria, ensuring that justice is accessible to those who cannot afford legal representation. Moreover, the State Authority conducts Lok Adalats, including those addressing High Court cases, as a means of expeditiously resolving disputes. In addition to these core functions, it too undertakes preventive and strategic legal aid programs designed to educate and empower individuals about their legal rights, thus preventing and mitigating legal issues.

District Legal Services Authorities

The District Legal Services Authority, established by the State Government in consultation with the Chief Justice of the High Court, plays a pivotal role in the legal services framework. This authority comprises the District Judge as its Chairman and other members appointed by the State Government in consultation with the Chief Justice.

The District Authority's primary duty is to execute functions delegated to it by the State Authority, essentially acting as an extension of the State Authority within the district. These delegated functions include coordinating the activities of the Taluk Legal Services Committee and other legal services within the district, organizing Lok Adalats locally, and performing additional functions set by State Authority regulations. This ensures the efficient delivery of legal services at the grassroots level, tailored to the specific needs of the district's population.

In discharging its responsibilities under the Act, the District Authority is expected to collaborate effectively with various governmental and non-governmental institutions, universities, and other entities engaged in promoting legal services for the disadvantaged. Additionally, the Act provides for the establishment of Taluk Legal Services Committees to extend legal services even further into local communities.

Research that engages with Legal Services Authorities

Role Of Legal Services Authorities In Providing Legal Services: A Study With Reference To The State Of Haryana- A Thesis: This study examines India's extensive legal aid programme, which stands out for its emphasis on the court and extensive qualifying standards that include almost 80% of the country's population. The structural and functional framework is built on the Legal Services Authorities Act of 1987 and the National Legal Services Authority's rules. While legal aid functions at various levels, the study focuses on Haryana as a representative state. To find weaknesses and suggest fixes, the study thoroughly examines alternative dispute resolution methods, community outreach programmes, and court-based legal assistance. It provides valuable insights for policymakers, Legal Services Authorities, researchers, and stakeholders interested in the multifaceted legal aid landscape in India.

Functions of ADR in assam with special reference to the national legal services authorities act 1987 an analytical study: This is a comprehensive study that delves into the realm of Alternative Dispute Resolution (ADR) in the Indian state of Assam. It embarks on an exploration of the historical evolution of ADR practices in India specifically evaluating the effectiveness of Lok Adalats, a specific form of ADR, in resolving disputes. In addition to historical insights, the research paper offers a thorough analysis of the statutory provisions related to ADR under the Indian Constitution and various legislations. It discusses the potential reforms needed to enhance ADR procedures and its utilization in different legal domains, such as criminal cases, civil disputes, and family matters. The paper concludes with a detailed examination of the findings derived from the research, highlighting the scope for further investigations in the field of ADR in Assam. It offers conclusions and valuable suggestions for policymakers, legal practitioners, and scholars to enhance the ADR framework in the state and potentially influence ADR practices across India.

The Legal Services Authorities Act 1987- An Analytical and Critical Study of the State of Rajasthan with Special Reference to Neighboring States: The research paper is devoted to a thorough examination of Rajasthan's legal system. It aims to investigate different aspects of the Legal Services Authorities Act of 1987 in this specific state. While Rajasthan continues to be the major emphasis, the study also includes a comparison component by specifically mentioning the neighboring state of Jharkhand. The study achieves its objective by comparing and contrasting the execution and efficacy of legal aid and services programmes in Rajasthan and Jharkhand. By including Jharkhand in the study, the study gives a wider view on the region's legal services system and identifies areas that may need modification.

A study on assessing management effectiveness of the existing district legal services authorities in few rural regions of Punjab: This study focuses on assessing the effectiveness of District Legal Services Authorities (DLSAs) in delivering comprehensive legal services in Barnala and Sangrur districts of Punjab. Data in this report was collected through questionnaires from various stakeholders, such as lawyers, the general public, paralegal volunteers, and legal awareness camp participants. The analysis of this data revealed several problems and limitations in the existing system, leading to suggestions for improvement. In summary, the study examines the challenges in achieving justice for all and evaluates the performance of DLSAs in addressing these issues.

The Mediation Gap: Where India Stands and How Far It Must Go: Mediation is one of the most important alternative resolution methods and the Indian judicial system has tried to incorporate all the methods including mediation as a legitimate method of solving disputes. However, in this article, the authors have recommended some steps that might help in creating a more conducive environment for mediation to work effectively in India. Since mediation is one of the primary methods employed by the Legal Services Authorities, the recommendations apply to them equally. Additionally, the data used for measuring the effectiveness of the current institutions in place has been taken from the websites of legal services authorities.

Access to Justice Survey: Introduction, Methodology, and Findings (2015-16): One of the main objectives of the Legal Services Authorities is to make access to justice easy by providing free legal services and alternative dispute dispute resolution methods to all and in this report, the authors also evaluate the accessibility in the civil cases through legal services authorities. The survey tries to understand the effectiveness through interviews of current litigants and also tries to determine how social profile affects ease of access.

International Experiences

Several countries have established systems that are similar to Legal Services Authorities in India. Countries have institutions which aim to provide alternative dispute resolution methods to ease the burden on formal court systems and promote quicker and cost-effective resolution of disputes. Here are some of the countries that have institutions similar to Legal Services Authorities:

1. Bangladesh: Bangladesh has a system called "Salish," which provides a forum for parties to settle their disputes through conciliation or mediation.
2. Malaysia: Malaysia has a system known as "Pusat Mediasi Malaysia" (Malaysian Mediation Centre). It serves as a platform for alternative dispute resolution, offering parties an opportunity to settle their disputes in a non-adversarial manner.
3. Philippines: The Philippines has a system "Katarungang Pambarangay" (Barangay Justice System), which operates at the grassroots level. Its aim is to settle disputes through mediation and conciliation in the local community.
4. Indonesia: It has a system called "Badan Arbitrase Nasional Indonesia" (Indonesian National Arbitration Board) which provides arbitration services for the resolution of commercial disputes outside of the formal courts.
5. Sri Lanka: Sri Lanka has the "Gramaraka Niladhari" system, which operates at the village level and focuses on resolving minor civil disputes within the local community.