6.

Preventive and Proactive Measures:

SALIENT FEATURES OF THE LEGAL SERVICES  Beyond litigation, the Act promotes pre-litigation dispute
AUTHORITIES ACT, 1987 resolution through Lok Adalats and mediation, reducing the
The Legal Services Authorities Act, 1987 (hereinafter referred to as the "Act") is burden on courts.
a landmark legislation in India aimed at providing free and competent legal  It encourages public interest litigation (PIL) by providing
services to weaker sections of society, ensuring access to justice for all, and legal aid for cases addressing systemic injustices or public
promoting alternative dispute resolution mechanisms like Lok Adalats. Enacted to welfare.
give effect to Article 39A of the Indian Constitution, which mandates free legal aid
to ensure equal access to justice, the Act establishes a structured framework for
legal aid and dispute resolution. Below is a detailed analysis of the nature, scope, Salient Features of the Legal Services Authorities
and salient features of the Act, supported by its key provisions and objectives.
Act, 1987
The Act is characterized by several key features that define its structure, operation,
and impact. These features reflect its commitment to access to justice and judicial
Nature of the Legal Services Authorities Act, 1987 efficiency:
The Legal Services Authorities Act, 1987, is a socio-legal statute with a welfare- 1. Establishment of Legal Services Authorities (Sections 3-11):
oriented and rights-based approach, designed to bridge the gap between the  National Legal Services Authority (NALSA) (Section 3):
legal system and marginalized communities. Its nature can be understood through  Headed by the Chief Justice of India as the
the following aspects: Patron-in-Chief and an Executive Chairman (a
1. Constitutional Foundation: serving or retired Supreme Court judge).
 The Act operationalizes Article 39A of the Constitution, a  Responsible for formulating policies,
Directive Principle of State Policy, which directs the State to coordinating legal aid programs, and monitoring
provide free legal aid to ensure that no citizen is denied nationwide implementation.
access to justice due to economic or other disabilities.  State Legal Services Authorities (SLSAs) (Section 6):
 It aligns with Article 14 (equality before the law) and  Headed by the Chief Justice of the respective
Article 21 (right to life and personal liberty), which include High Court as the Patron-in-Chief and an
the right to legal representation and a fair trial. Executive Chairman (a serving or retired High
2. Welfare-Oriented: Court judge).
 The Act is a social justice legislation aimed at empowering  Oversees legal aid and Lok Adalats at the state
disadvantaged groups, such as the poor, women, children, level.
Scheduled Castes/Scheduled Tribes, and other marginalized  District Legal Services Authorities (DLSAs) (Section 9):
communities, by providing free legal services.  Chaired by the District Judge, with a Secretary
 It addresses systemic inequalities in access to justice, (often a judicial officer).
ensuring that financial constraints do not prevent individuals  Implements legal aid schemes and organizes Lok
from seeking legal remedies. Adalats at the district level.
3. Institutional Framework:  Taluk Legal Services Committees (Section 11A):
 The Act establishes a hierarchical network of Legal  Headed by a senior judicial officer at the taluk
Services Authorities at the national, state, district, and level, focusing on grassroots legal aid and
taluk levels to deliver legal aid and organize Lok Adalats. dispute resolution.
 It creates a structured, government-backed system to  Supreme Court and High Court Legal Services
institutionalize legal aid, moving beyond ad hoc or voluntary Committees (Sections 3A and 8A):
efforts.  Provide legal aid for cases before the Supreme
4. Dual Objective: Court and High Courts, respectively.
 Legal Aid: Providing free legal representation, advice, and 2. Eligibility Criteria for Legal Aid (Section 12):
assistance to eligible persons.  The Act specifies categories of persons entitled to free legal
 Alternative Dispute Resolution (ADR): Promoting Lok aid, including:
Adalats as a mechanism for amicable, expeditious, and cost-  Persons with an annual income below a
effective resolution of disputes. prescribed limit (currently ₹1,00,000 in most
5. Public Service Ethos: states, subject to revision).
 The Act mandates the involvement of the judiciary, legal  Members of Scheduled Castes and Scheduled
professionals, and government agencies in delivering legal Tribes.
services, reflecting a collective responsibility to uphold  Women and children.
justice.  Persons with disabilities.
 It encourages lawyers to participate in legal aid programs,  Victims of human trafficking or bonded labor.
aligning with their ethical duty under the Bar Council of  Persons in custody.
India Rules (Rule 46).  Victims of natural or man-made disasters, ethnic
violence, or industrial accidents.
 Persons seeking to enforce fundamental rights.
Scope of the Legal Services Authorities Act, 1987  The income limit can be relaxed for cases involving public
The scope of the Act is broad, encompassing legal aid, dispute resolution, and legal interest or exceptional circumstances.
awareness, with a focus on ensuring justice for all. It extends to various dimensions 3. Scope of Legal Services (Section 13):
of the legal system and society, as outlined below:  Legal services include:
1. Legal Aid Services:  Payment of court fees, process fees, and other
 The Act provides free legal aid to eligible persons in civil, litigation expenses.
criminal, revenue, and administrative matters,  Representation by a legal practitioner
covering litigation, legal advice, drafting, and representation. (advocate).
 Eligible categories include indigent persons, women,  Legal advice and counseling.
children, Scheduled Castes/Scheduled Tribes, victims of  Drafting and filing of legal documents.
trafficking, disabled persons, and others specified under  Assistance in obtaining copies of judgments or
Section 12. orders.
 Legal aid extends to all stages of legal proceedings, from  Legal aid is available for all types of cases, including civil,
pre-litigation advice to appeals in higher courts. criminal, and constitutional matters, at all judicial levels.
2. Lok Adalats: 4. Lok Adalats (Sections 19-22):
 The Act establishes Lok Adalats as an alternative dispute  Organization (Section 19):
resolution mechanism to settle disputes amicably, reduce  Lok Adalats are organized by Legal Services
court backlogs, and provide speedy justice. Authorities at various levels to settle disputes
 Lok Adalats have jurisdiction over pending cases (referred by through conciliation and mediation.
courts) and pre-litigation disputes, covering civil matters like  Comprise judicial officers, lawyers, and social
property disputes, family disputes, and monetary claims. workers as members.
 Awards of Lok Adalats are binding and equivalent to court  Jurisdiction (Section 20):
decrees, with no appeal except in cases of fraud or coercion.  Can handle pending cases referred by courts
3. Legal Awareness and Literacy: and pre-litigation disputes (before filing in
 The Act mandates Legal Services Authorities to conduct court).
legal literacy camps and awareness programs to educate  Covers civil matters (e.g., family disputes,
the public about their legal rights and remedies. property disputes, consumer cases) and
 This is particularly crucial for marginalized communities, compoundable criminal offenses.
such as rural populations, women, and minorities, who may  Procedure:
lack knowledge of legal processes.  Lok Adalats follow a consensual, non-adversarial
4. Geographical and Institutional Reach: approach, encouraging parties to reach a
 The Act operates through a multi-tiered structure, ensuring mutually acceptable settlement.
legal services are accessible across India:  No strict adherence to procedural laws like the
 National Legal Services Authority (NALSA) Code of Civil Procedure, 1908, or the Indian
at the apex level. Evidence Act, 1872.
 State Legal Services Authorities (SLSAs) in  Awards (Section 21):
each state.  Settlements reached in Lok Adalats are
 District Legal Services Authorities (DLSAs) formalized as awards, which are binding and
in each district. have the force of a court decree.
 Taluk Legal Services Committees at the sub-  Awards are final, with no appeal except on
district level. grounds of fraud, coercion, or misrepresentation.
 Special bodies like Supreme Court Legal Services  Benefits:
Committee and High Court Legal Services Committees  Speedy resolution, cost-free process, and refund
cater to higher judiciary levels. of court fees for settled cases.
5. Inclusivity:  Reduces judicial backlog and promotes amicable
 The Act’s scope includes a wide range of beneficiaries, settlements.
ensuring that no section of society is excluded from legal aid 5. Permanent Lok Adalats (Sections 22A-22E):
due to economic, social, or other disabilities.  Introduced by the 2002 Amendment, Permanent Lok
 It addresses diverse legal issues, from fundamental rights Adalats are established for public utility services (e.g.,
violations to consumer disputes, labor issues, and family transport, postal services, electricity, water supply,
matters. sanitation, insurance, and banking).
  Handle disputes up to a value of ₹1 crore (amended in  Strengthen monitoring to ensure quality and accountability in legal
2015). services.
 Follow a two-stage process:
 Attempt conciliation to reach a settlement.
 If conciliation fails, adjudicate the dispute and Critical Analysis
pass a binding award.  Strengths:
 Awards are final, with limited appeal to the High Court on  The Act’s multi-tiered structure ensures accessibility across
specific grounds. urban and rural areas.
6. Funding and Accountability (Sections 14-18):  Lok Adalats offer an innovative, cost-effective alternative to
 The Act establishes Central, State, and District Legal Aid traditional litigation.
Funds to finance legal services, comprising government  The inclusive eligibility criteria and focus on marginalized
grants, donations, and court fees recovered from settled groups align with social justice goals.
cases.  Judicial oversight enhances the Act’s credibility and
 Legal Services Authorities are accountable to their effectiveness.
respective governments and must submit annual reports on  Weaknesses:
activities and expenditure.  The lack of awareness and uneven implementation hinder
7. Legal Awareness Programs: the Act’s reach.
 The Act mandates Legal Services Authorities to conduct  The reliance on pro bono lawyers can lead to inconsistent
legal literacy camps, workshops, and seminars to educate service quality.
the public, especially marginalized groups, about their legal  Permanent Lok Adalats’ adjudicatory role raises concerns
rights and remedies. about fairness if conciliation fails.
 Focus areas include women’s rights, labor rights, consumer
protection, and constitutional protections.
8. Role of Judiciary and Advocates:
 Judges play a pivotal role as chairpersons of Legal Services
Authorities, ensuring judicial oversight and credibility.
 Advocates are appointed as legal aid lawyers from panels
maintained by Legal Services Authorities, often on a pro
bono or subsidized basis.
 The Act aligns with the Bar Council of India Rules (Rule
46), which mandate lawyers to provide legal aid to indigent
clients.
9. Monitoring and Evaluation:
 NALSA oversees the implementation of the Act nationwide,
issuing guidelines and monitoring the performance of SLSAs
and DLSAs.
 Regular reviews ensure effective delivery of legal aid and
Lok Adalat services.
10. Amendments:
 The 2002 Amendment introduced Permanent Lok Adalats
for public utility services and expanded the Act’s scope.
 Periodic revisions to income limits and jurisdictional
thresholds ensure the Act remains relevant to contemporary
needs.

Key Objectives of the Act

 Access to Justice: Ensuring that no citizen is denied legal
representation or remedies due to economic or social barriers.
 Reduction of Judicial Backlog: Promoting Lok Adalats to resolve
disputes quickly, alleviating pressure on courts.
 Legal Empowerment: Educating the public about their rights and the
legal system to foster informed citizenship.
 Social Justice: Addressing inequalities by prioritizing marginalized
groups for legal aid.
 Cost-Effective Dispute Resolution: Providing free or low-cost legal
services and settlements through Lok Adalats.

Judicial Interpretations and Impact

The Supreme Court and High Courts have reinforced the Act’s significance in
ensuring access to justice:
 Hussainara Khatoon v. State of Bihar, (1980) 1 SCC 81: The
Supreme Court emphasized the right to free legal aid as part of Article
21, paving the way for the Act’s implementation.
 Khatri v. State of Bihar, (1981) 1 SCC 627: Held that the State must
provide legal aid to indigent accused at all stages of criminal
proceedings.
 Delhi Domestic Working Women’s Forum v. Union of India,
(1995) 1 SCC 14: Directed Legal Services Authorities to provide legal
aid to victims of sexual violence, highlighting the Act’s role in protecting
vulnerable groups.
 State of Maharashtra v. Manubhai Pragaji Vashi, (1995) 5 SCC
730: Upheld the constitutional mandate of Article 39A, affirming the
Act’s role in ensuring equal justice.
Impact:
 Legal Aid: Millions of indigent persons, women, and marginalized
groups have received free legal representation, enhancing access to
courts.
 Lok Adalats: Since the Act’s implementation, Lok Adalats have resolved
crores of cases, significantly reducing judicial pendency. For example,
NALSA data (2023) reports over 1.5 crore cases settled through Lok
Adalats since inception.
 Legal Literacy: Awareness campaigns have empowered rural and
marginalized communities, increasing their engagement with the legal
system.
 Public Utility Disputes: Permanent Lok Adalats have streamlined
resolution of disputes involving essential services, benefiting consumers.

Challenges and Criticisms

Despite its achievements, the Act faces challenges:
 Limited Awareness: Many eligible beneficiaries, especially in rural
areas, remain unaware of legal aid schemes.
 Funding Constraints: Inadequate budgets for Legal Services
Authorities can limit outreach and quality of services.
 Quality of Legal Aid: Some legal aid lawyers lack expertise or
commitment, affecting representation quality.
 Overburdened Lok Adalats: High caseloads can compromise the
effectiveness of conciliation processes.
 Urban-Rural Divide: Legal aid services are often less accessible in
remote or tribal areas.
Reform Suggestions:
 Increase funding for legal aid programs and infrastructure.
 Enhance training for legal aid lawyers to ensure competence.
 Expand digital platforms (e.g., NALSA’s online portal) for legal aid
applications and awareness.