This article was written by Jashandeep Kaur pursuing Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution at Lawsikho and edited by Koushik Chittella.
This article has been published by Sneha Mahawar.
Table of Contents
Introduction
Traces of inequality can be seen in the ancient periods of India. To combat inequalities in the legal services, the Indian Government showed its concern regarding providing legal aid to poor people in 1952, and some guidelines were framed in 1960. In 1972, Hon’ble Justice V.R. Krishna Iyer chaired a committee with a motive to facilitate weaker, socially and educationally backward classes with legal aid and advice. Later, the Government of India constituted the Committee for the Implementation of the Legal Aid Scheme. Under this scheme, both legal aid and spreading legal awareness were taken into consideration. After such discussions, The Legal Services Authorities Act (LSA) was enacted in 1987, and it came into force on November 9, 1995. This article focuses on the state, district, and taluk legal services authorities and their functions.
Constitutionality
According to Article 39A of the Indian Constitution, it is the duty of the state to ensure the functioning of the legal system promotes justice on the basis of equal opportunity, in particular, it must provide free legal aid through appropriate legislation or programs or in any other way to ensure that no citizen is denied the opportunity to justice due to their financial situation or another type of disability.
It can also be noted that under Articles 14 and 22(1) of the Constitution, it is the duty of the state to guarantee equality before the law and a legal system that advances justice on the basis of equal opportunity for everyone.
Overview of The Legal Services Authorities Act, 1987
The Legal Services Authorities Act, 1987, applies to all of India. It has seven chapters and 30 Sections in total. These sections include:
- National Legal Services Authority,
- State Legal Services Authority,
- Entitlement to Legal Services,
- Finance, accounts, and audit,
- Lok Adalats,
- Pre-litigation and settlement
Who is entitled to legal services
According to NALSA Regulations, “The needy and poor masses of the country will receive free and competent legal services”. In compliance with the aforementioned rules and the Legal Services Authorities Act of 1987, the following groups are eligible for free legal services under Section 12 of the Act:
- a person belonging to a scheduled caste or tribe.
- a victim of human trafficking or beggar.
- either a woman or a child.
- a person with a disability, such as someone who is blind, has leprosy, has hearing loss, or has mental impairment.
- a casualty of a mass catastrophe, act of ethnic or caste violence, flood, drought, earthquake, or industrial calamity.
- an industrial worker.
- a detained undertrial, including a juvenile or a mentally ill person in a psychiatric hospital or psychiatric nursing home.
- a person with an annual income of less than Rs. 3,00,000/-.
State Legal Services Authority
Section 6 of the Legal Services Authorities Act, 1987, talks about the Constitution of the state legal services authority. According to Section 6(1), every state government shall compose a legal service authority for its state so that it can perform the functions assigned to it and exercise powers under this Act.
Members of the State Legal Services Authority
Section 6(2) prescribes the members constituting the Authority. They are:
- The Chief Justice of the High Court, who is patron in chief,
- A serving or retired judge of the High Court, nominated by the government with the consultation of the Chief Justice of the High Court
- The state government can nominate any other member as a member of the state legal authority with the consultation of the Chief Justice of the High Court, who has the required qualifications and experience.
Member secretary
Under Section 6(3), the secretary of the state authority is appointed by the state government with the consultation of the Chief Justice of the High Court. Under the executive chairman, the secretary performs and exercises such duties and powers as are prescribed by the state government or by the executive chairman of that authority.
The person functioning as a secretary of a State Legal Aid and Advice Board immediately before the composition date of the state authority may be appointed as a member secretary of that authority for a period not exceeding 5 years, even if he is not qualified for such a position.
Terms and conditions
According to Section 6(4), the state government, with the consultation of the Chief Justice of the High Court, prescribes the terms and conditions of the office of the members and the member-secretary.
Powers
Section 6(5) provides the powers to the state authority to appoint officers and other employees as the state government, with the prior consultation of the Chief Justice of the High Court, for the efficient discharge of the functions.
Salary and allowances
Section 6(6) talks about salaries, allowances, and other services that shall be provided to the officers and other employees as prescribed by the state government.
Administrative expenses
Section 6(7) mentions that administrative expenses of the state authority’s salaries, allowances, and pensions are payable out of the consolidated fund of the state.
Verify orders
According to Section 6(8), the member secretary or any other officer of the authority authorised by the executive chairman of the state authority shall verify the orders and decisions of the state authority.
Functions of the authority
Section 7 of the Legal Services Authorities Act, 1897, describes the functions of the state authority as follows:
- The state Authority should give effect to the policies and directions of the Central Authority.
- It provides the necessary legal assistance to needy people who satisfy the criteria laid down under the Act.
- It conducts Lok Adalats and also Lok Adalats of high court cases.
- It undertakes preventive, strategic legal aid programs.
- It acts in coordination with all other agencies and should follow the directions given by the Central Authority.
- It promotes the purpose of providing legal services to poor and needy people.
- It encourages settlement of disputes.
High Court’s Committee (Section 8A)
The high courts are the highest legal authority at the state level. For the purpose of achieving the goals of the Act, the High Court Legal Services Committee is appointed by the state authority. It consists of a sitting judge of the high court who becomes the chairman of the state Authority, other members who are qualified for this nomination by the chief justice of the high court. The chief justice appoints a qualified secretary officer and other employees as well. The terms of office, their salary and allowances, and all other conditions are as prescribed by the state government.
District Legal Services Authority (Section 9)
Composition
District Legal Services Authorities are composed by the state government with the prior consultation of the chief justice of the high court to fulfill all their purposes as assigned to them in this Act. It consists of a district judge, who is the chairman, and all other members of the district Legal Services Authority who have the required qualifications. It also appoints a person having the rank of a subordinate judge or a civil judge or above, who is posted at the seat of the district judiciary as ‘secretary of the district authority’ to exercise such powers. The term of office, salaries, administrative expenses, allowances, and pensions are paid as per the regulations made by the state Authority and from the consolidated fund of the state.
Authentication of the orders
All orders and decisions of the authority are authenticated by the secretary authorised by the chairman or any other officer authorised by that authority.
Functions of the District Authority (Section 10)
- It performs the state Authority’s functions at district level.
- It coordinates the activities of Taluk Legal Services and all other legal services in the district.
- It organises Lok Adalats within the district.
- It provides legal aid and assistance to the poor and needy, as well as all other functions and actions assigned by the state authority.
- It acts in coordination with other government and non-government agencies to promote the cause of the Legal Services Authorities Act.
Taluk Legal Services Committee (Section 11A)
Composition
- According to Section 11A(1), the Taluk Legal Services Committee is constituted by the state Authority for each taluk, mandal, or group of taluks or mandals.
- It has a seniormost judicial officer who is the ex-officio Chairman operating within the jurisdiction of the committee.
- The state government, with the consultation of the chief justice of the High Court, appoints other members having such qualifications and experiences as prescribed in this Act.
Salary and allowances
The state government prescribes the salaries and allowances payable to the officers and other employees. The administrative funds are taken out of the District Legal Aid Fund by the district Authority.
Functions of Taluk Legal Services Committee (Section 11B)
The functions of the Taluk Legal Services Committee prescribed under Section 11B of the Act are:
- Coordinate activities of the legal services,
- Organise Lok Adalats, and
- Perform other functions assigned by the district authority.
Relevant case laws
The Director vs. State of Tamil Nadu (2006)
Brief facts of the case:
- Smt.S. Vimala, the director of Tamil Nadu State Judicial Academy, visited the Government vigilance home at Mylapore, Chennai.
- She found that four categories of persons have been placed in the same home: 42 victims of trafficking, 2 accused or convicted persons under immoral trafficking, 4 women seeking voluntary admission, and 2 unwed mothers.
- She reported that no steps were taken for rehabilitation and reintegration as per the statement given by the victims.
- The Director also reported that the victims had mentioned that the procedure prescribed under the Immoral Traffic (Prevention) Act, 1956, was not followed.
Judgement of the Court
It was held by the High Court of Madras, that the state shall consult the State Level Coordination Committee and prepare a policy note regarding immoral trafficking, a coordinated, participatory, and transparent approach. The Tamil Nadu State Legal Services Authority and the director of the Tamil Nadu State Judicial Academy were instructed to jointly inspect all the vigilance homes and shelter homes in that state.
R.C. Chandel vs. The High Court of Madhya Pradesh (2006)
In this case, it was held that the order of compulsory retirement of the petitioner, who was an ex-employee of the State Legal Services Authority, dated September 13, 2004, was dismissed or cancelled. The petitioner was allowed to restore all the consequential benefits.
In Re: Assessment of the Criminal Justice System in Response to Sexual Offences. (2019)
In this case, it was laid down by the Supreme Court that it is to be checked properly whether the district legal services authority or state legal services Authority are recommended by Courts for compensation or not. The Court stated that compensation should be provided to the victim in a time bound manner and that the same should be checked.
The Apex Court also asked for a report to check whether the state legal services authority or the National Legal Services Authority have taken up any scheme for social, medical, and economic rehabilitation of the victims.
Conclusion
Article 39A of the Indian Constitution assigns a duty to the state to provide free legal aid to needy people, and equality before the law and equal opportunity for all are ensured under Articles 14 and 22(1). The Legal Services Authorities Act, 1987, provides such legal aid, and the bifurcation of national, state, district, and taluk authorities has made it easier for the Authorities to concentrate on issues as they are concerned with particular areas.
References
- https://www.Indiacode.nic.in/bitstream/123456789/19023/1/legal_service_authorities_act%2C_1987.pdf
- https://blog.ipleaders.in/legal-services-authority-act-1987/
- https://doj.gov.in/access-to-justice-for-the-marginalized/
- https://kamrupjudiciary.gov.in/dlsa/dlsa/history……pdf
- https://www.legalserviceIndia.com/legal/article-5904-the-legal-services-authorities-act-1965-a-study.html
- https://nalsa.gov.in/about-us
- https://www.srdlawnotes.com/2017/03/constitution-and-functions-of-state.html?m=1
