Assignment-1

ii. Summary note on National

Submitted To:
JHALSA
Submitted By:
Pratik Kumar
LL.B(Hons)
2nd Year
Amity University,
Ranchi
Introduction

The National Legal Services Authority (NALSA) was constituted under the Legal Services
Authorities Act, 1987, to provide free legal services to weaker sections of society and to ensure
that opportunities for securing justice are not denied to any citizen because of economic or other
disabilities. The National Legal Services Authority Rules (NLSAR), 1995, were formulated to
operationalize the mandates of the Act by detailing the structure, functioning, and roles of
various officers and committees within the NALSA framework. This summary note aims to
explain each provision of the Rules comprehensively.

Rule 1 of the NLSAR 1995 deals with Short Title and Commencement, under it is given that:

The rules are formally titled, The National Legal Services Authority Rules, 1995. These rules
came into effect on the date of their publication in the Official Gazette of India, marking their
legal enforceability.

Rule 2 deals with precise definitions for terms used within the rules to ensure clarity and avoid
ambiguity. Definitions are critical for the proper interpretation and implementation of the rules.

The Number, Experience, and Qualifications of Other Members are dealt with under Rule 3 of
the NLSAR 1995 according to which:

The Central Government, in consultation with the Chief Justice of India, nominates members to
the NALSA.

Eligible members must be eminent persons in the legal field, individuals of repute interested in
legal services schemes, or eminent social workers involved in uplifting the weaker sections of
society.

Rule 4 of the NLSAR 1995 states about the appointment of Member-Secretary- Secretary The
Central Government appoints the Member-Secretary in consultation with the Chief Justice of
India.

Specific qualifications and experience required for this role are detailed in Rule 5 under which,
the Member-Secretary must be an officer of the Indian Legal Services, a member of the State
Higher Judicial Service, or an officer of other organized Central or State Services, preferably
with experience in administration, financial management, and legal aid. Powers and functions of
the Member-Secretary is given in Rule 6 under which, the Member-Secretary is responsible for
ensuring effective implementation and monitoring of Legal Services Schemes, managing
administrative, financial, and budget matters, and overseeing the properties, records, and funds
of the Central Authority. Duties include maintaining accurate accounts, preparing annual
financial statements, liaising with Social Action Groups and State Legal Services Authorities,
keeping statistical records, processing financial assistance proposals, and organizing related
meetings and workshops, along with follow-up actions and reporting.

Under Rule 7, The members of the Central Authority nominated by the Central Government
serve a two-year term and may be re-nominated for one additional term. The Central
Government retains the right to remove a member if deemed undesirable. Should a vacancy arise
due to resignation, death, or other reasons, it is filled in the same manner as the original
nomination, with the new appointee serving the remainder of the term. Members are entitled to
travel and daily allowances for work-related journeys, paid as per Grade "A" officer rules, but
government employees only receive one set of allowances from either their department or the
Authority. The Member-Secretary holds office for up to five years or until reaching 62 years of
age, whichever comes first, and their pay, allowances, and benefits align with those applicable to
equivalent Central Government posts.

Rules 8 and 9 talk about the number of officers and other employees of the Central Authority and
the conditions of service and the salary and allowances of officers and other employees
Respectively The rules ensure that the Central Authority has the necessary staff for its operations
by specifying the number of officers and employees in a Schedule or through notifications by the
Central Government. These personnel receive compensation and benefits on par with Central
Government employees in equivalent positions, ensuring fairness and uniformity. Their service
conditions, such as retirement age, pay, allowances, and disciplinary matters, are governed by
Central Government rules, providing a consistent regulatory framework. Furthermore, they may
receive additional facilities and benefits as periodically notified by the Central Government,
ensuring that their compensation and working conditions are regularly updated and maintained.

Under Rule 10 of NLSAR 1995, it is given that the Supreme Court Legal Services Committee
consists of up to nine members, including ex officio members like the Attorney General of India,
and other nominated members based on their qualifications and experience in legal services. It is
given in Rule 11, that the Secretary of the Supreme Court legal services committee must be an
officer of the Supreme Court Registry not below the rank of Joint Registrar or an officer from the
Central Government with a law degree, ensuring adequate legal and administrative expertise

Rule 12 of NLSAR 1995 is one of the most important Rules as it talks about the upper limit of
the annual income of a person for eligibility legal services according to which:

Any citizen of India with an annual income not exceeding Rs. 50,000 is eligible for legal
services under clause (h) of section 12 of the Act, ensuring that economically weaker sections
have access to justice.

At last Rule 13 deals with the Experience and Qualifications of Other Persons of the Lok
Adalats Organized by the Supreme Court Legal Services Committee according to which:

Members of the Lok Adalat must be from the legal profession, persons of repute interested in
legal services, or eminent social workers engaged in uplifting weaker sections of society,
ensuring diverse and competent membership.

Conclusion:

The National Legal Services Authority Rules, 1995, establish a comprehensive framework for
the effective functioning of NALSA. By detailing the qualifications, appointments, powers, and
functions of various officials and committees, the rules ensure that the objectives of providing
free legal services to weaker sections of society are met efficiently. The provisions related to the
maintenance of accounts and financial transparency further bolster the credibility and
accountability of the Authority. Overall, these rules play a crucial role in operationalizing the
vision of accessible justice for all, as envisaged by the Legal Services Authorities Act, 1987.