Salient Features of Legal Service Authority

Act, 1987
Introduction
Justice - social, economic and political - is our constitutional pledge enshrined in the
Preamble of our Constitution. The incorporation of Article 39-A in the Directive
Principles of State Policy in the year 1976, enjoined upon the State to ensure justice
on the basis of equal opportunity by providing free legal aid. In India, concern for
legal aid to the poor and to the needy is continuously on the rise. Legal assistance
and free legal advice is the only way to guarantee equal protection of law to the
poor. In a developing country like India where a majority of the population is unable
to protect its interests, it is the duty of the State to enable the poor to secure their
legal rights. The courts are used by the access to the justice system. Added to this
is the fact that our judiciary is overworked. This aspect is increasingly being a point
of concern.
Delay in disposal of cases by the judiciary further increases the cost of litigation.
Alternate Dispute Redressal mechanisms are therefore being emphasized upon. The
fact of the matter is that mere existence of laws does not guarantee the enjoyment
of those rights by the citizens. Free legal aid system is a step towards enforcement
of those rights. The Legal Services Authorities Act, 1987 provided the statutory
support in this direction. It also sought to provide a uniform pattern to these legal
services all over India. It came into effect from 9th November 1995.

Reasons for Implementing LSA Act in India

I.

II.

III.

Constitutional Commitment: Our Constitution which is wedded to

democracy, socialism, secularism, equality of status and equal protection of
laws, legal aid for weaker sections is a social obligation and constitutional
mandate. It is, therefore, essential to provide legal advice and representation
to all those, threatened as to their life, liberty, property or reputation, who are
not able to pay for it.
Lack of legal awareness: In India, a large number of people are illiterate.
They do not understand laws. Ignorance about laws drags them towards legal
troubles for many a time as
they are unable to anticipate and prevent the occurrence of legal problems . It
remains the duty of the government to render free legal service to the
people.
Legal consultation is expensive: Since common people do not understand
laws and legal proceedings, they need to consult legal experts. Ignorance of
the poor people enables the lawyers to charge fees as they wish. Low level of
legal awareness also impedes access to justice.

IV.

V.

VI.

Delay in disposal of cases: Increasing backlog and delay in disposal of

cases has become a genuine problem. The more time it takes, more is the
cost of litigation.
Legislative Attempt: Significant thrust in this direction came in seventies
and eighties when civil rights and civil liberties became a matter of major
concern in India. The miseries of people entangled in legal process,
deprivation of personal liberties and injustices meted out to the people in jails
and lockups made the demand for civil liberties so powerful that it could not
be ignored any longer.
Judicial Contribution: In 1979, the Supreme Court in Hussainara Khatoon
v. State of Bihar AIR 1979 SC 1360 held that free legal aid is implicit in
the guarantee of Article 21 and Article 14. Two years later in Khatri v. State
of Bihar AIR 1981 SC 928 while referring to apex court's mandate in the
Hussainara Khatoon case reiterated that the State cannot deprive its citizens
their constitutional rights on grounds of lack of funds or poverty.

Main Features of LSA Act, 1987

I.

II.

III.

IV.

To provide speedy Justice at no Cost: As discussed above In India the

judicial system In India is as such its not easily to all especially to the weaker
section of the society therefore to ensure that they should not b deprived of
their basic right of justice the act was enacted.
Saving from the Lengthy Court Procedure: The evolution of ADR in India
was necessitated because of the huge amount of pendency of cases where
the justice somewhere ceases to be denied coz of the delay in the judicial
process.
Solving the Problem of Backlog of cases: Due to the heavy pendency of
cases there appeared dearth of justice in the judicial process the system of
Lok Adalat, which is an innovative mechanism for alternate dispute
resolution, has proved effective for resolving disputes in a spirit of conciliation
outside the Courts. The lok Adalats has been described in Chapter VI of LSA
Act from section 19-22 in which the organization, powers and awards given
by such adalats are described.
Prescribes the Criteria for Legal Services: Under Chapter IV of the Act,
Section 12 prescribes the criteria for giving legal services in the following
persons are entitles to legal services under this act:
(a) a member of a Scheduled Caste or Scheduled Tribe;
(b) a victim of trafficking in human beings or beggar as referred in article 23
of the Constitution;
(c) a woman or a child
(d) a person with disability as defined in clause (i) of section 2 of the Persons
with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995
(e) a person under circumstances of undeserved want such as being a victim
of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake

or industrial disaster; or
(f) an industrial workman; or
(g) in custody, including custody in a protective home within the meaning of
clause (g) of section 2 of the Immoral Traffic (Prevention) Act, 1956, or in a
Juvenile home within the meaning of clause (j) of section 2 of the Juvenile
Justice Act, 1986, or in a psychiatric hospital or psychiatric nursing home
within the meaning clause (g) of section 2 of the Mental Health Act, 1987; or
(h) in receipt of annual income less than rupees nine thousand or such 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 rupees twelve
thousand or such other higher amount as may be prescribed by the Central
Government, if the case is before the Supreme Court.
V.

VI.

VII.

Provisions for Legal Service Authorities: There are three Authorities as

contemplated by the Legal Service Authorities Act, 1987. They are National
Legal Services Authority (CHAPTER II
Section 3), State Legal Services Authority (CHAPTER III Section 6), and District
Legal Services Authority (Section 9).
(I) NALSA being the Central Authority is ordained to lay down the policies and
principles to be implemented for whole of the country. NALSA has to
coordinate the activities of the State Legal Services Authorities for leading to
the ultimate objective envisioned in Articles 14, 21, & 39-A of the Constitution
of India.
(II) It is the duty of the State Authority to give effect to the policy and
directions of the Central Authority. Providing legal service to persons
mentioned under Sec.12, to settle the disputes pre litigation stage conduct
Lok Adalats, to plan and organize legal aid programmes are the fiinctions
among others.
(III) It is the duty of every district authority to perform such functions of the
state authority in the district as they may be delegated to it from time to
time. Co-ordinate the activities of the Taluk Legal Services Committee and
other legal service in the District, to organize Lok Adalats are some of the
functions of the authority.
Providing legal aid and assistance: Section 13 of the act defines about
the entitlement of legal services. According to the act, Persons who satisfy or
any of the criteria specified in section 12 shall be entitled to receive legal
services provided that the concerned Authority is satisfied that such person
has a prima-facie case to prosecute or to defend. An affidavit made by a
person as to his income may be regarded as sufficient for making him eligible
to the entitlement of legal services under this Act unless the concerned
Authority has reason to disbelieve such affidavit.
Organization of Lok Adalat: Sec.19-22 of Legal Services Authorities Act
1987 talks about the LOK Adalats , LSA also provides for establishment of
permanent and continuous Lok Adalats in all districts for disposal of pending

matters, disputes at the pre-litigative stage and also establish permanent and
continuous Lok Adalats for Government Departments, Statutory Authorities
and Public Sector for speedy disposal of the pending cases, disputes at the
pre-litigative stage.
VIII.

IX.

X.

Reference of Cases referred to Lok Adalat: Section 19(5) defines the

reference of cases to lok adalat which states that A Lok Adalat shall have
jurisdiction to determine and to arrive at a compromise or settlement
between the parties to a dispute in respect of-- (i) any case pending before;
or (ii) any matter which is falling within the jurisdiction of and is not brought
before, any court for which the Lok Adalat is organized: Provided that the Lok
Adalat shall have no jurisdiction in respect of any case or matter relating to
an offence not compoundable under any law.
Establishment of Permanent Lok Adalat: The Legal Services Authorities
Act, 1987 was amended to set up Permanent Lok Adalat for providing
compulsory pre-litigative mechanism for conciliation and Settlement of cases
relating to public utility services.21 Section 22A 22E deals with the
provisions related to the permanent lok adalat
(a) The PLAs exercise jurisdiction in respect of one or more Public Utility
Services such as transport services of passengers or goods by air, road and
water, postal, telegraph or telephone services as mentioned in S.22A (b)
(b) the Permanent Lok Adalat shall not have jurisdiction in respect of any
matter relating to an offence not compoundable under any law.
(c) The pecuniary jurisdiction of PLAs shall be up to Rupees 25Lakh. However,
the central government can increase this from time to time.
(d) The Permanent Lok Adalat shall, while conducting conciliation proceedings
or deciding a dispute on merit under this Act, be guided by the principles of
natural justice, objectivity, fair play, equity and other principles of justice, and
shall not be bound by the Code of Civil Procedure, 1908(1 of 1872) and the
Indian Evidence Act, 1872(5 of 1908).
(e) Every award of the Permanent Lok Adalat under this Act made either on
merit or in terms of a settlement agreement shall be final and binding on all
the parties thereto and on persons claiming under them and shall be deemed
to be a decree of a civil court.
Services of Lok Adalat: Some of the benefits that litigants derive by talking
their disputes to such Lok Adalats are:
i) Parties don't have to pay any court fees and if the case is already filed in
the regular court.
ii) There is no stnict application of procedural laws (such as the Civil
Procedure Code, 1860 and the Evidence Act, 1872) before the Lok Adalat
iii) The litigant will be getting speedy disposal in the process of Lok Adalat
iv) Disputes can be referred to the Lok Adalat directly instead of approaching
a regular court first;
v) Parties are free to voluntarily compromise or settle through the process of

"give and take".

vi) The decision of Lok Adalat is binding on the parties to the dispute.
vii) No appeal can lie against the Lok Adalat's order. The reason for this is that
unlike a regular court whose final decision is based on appreciation of
evidence, in a Lok Adalat the decision is mutual arrived at by both parties to
the dispute. As the decision in the Lok Adalat is not imposed upon by a third
agency, a case for appeal will not arise and is thus not allowed.
viii) Every Lok Adalat shall, while determining any reference, act with utmost
expedition to arrive at a compromise or settlement between the parties and
shall be guided by the principles of justice, equity fair play and other legal
principles.
Judicial Trend: Indian Judiciary made a dynamic interpretation of the provisions of
Legal
Services Authorities Act in the right context of our socio-economic milieu to
enlarge and expand the concept of legal aid.

State of Maharashtra v. Manubhai Pragaji Vashi AIR 1996 SC 1: The

crucial words in the statute are "the obligation of the state to provide free
legal aid by suitable legislation or by schemes or in any other way so that
opportunities for securing justice is not denied to any citizen by reason of
economic or other disabilities".
Kishore Chand v. State of Himachal Pradesh, 1990 Cri LJ 2289: Though
Article 39A of the Constitution provides fundamental rights to equal justice
and free legal aid and though the State provides amicus curiae to defend the
indigent accused, he would be meted out with unequal defence, if as in
common knowledge the youngster from the Bar who has either a little
experience or no experience is assigned to defend in.
Rajeshreeben Dhannendrabhai Patadia v. State of Gujarat, 2002 Cri
LJ NOC 5: It was the duty of members of Bar and Benches to make litigants
of this class (like woman, etc) be made known of their legal right under the
Legal Services Authorities Act. And so on

Conclusion
The assumption of our legal system is that all citizens have equal access to means
of legal redress. Access to inexpensive and expeditious justice is a basic human
right. As it was said Legal Services start with three A's: Awareness, Assertiveness
and availability .In practice legal services of all kinds have
gone to the highest bidders. Wealthy persons and large corporations receive the
highest quality advice. The term "third world" is used in all inclusive expression for
the exploited elements of society, the depressed minority groups, the workers, and
the peasants. It also includes society's "deviants" - prisoners, mental patients,
radicals, dissenters, as well as the powerless groups generally, such as youth,
women and the disabled. In such situation the Legal Services Authorities Act, 1987

truly and justifiably, acts as the watchdog of our benevolent system of dispensing
Legal and Social Justice as well as protector of the poor, deprived and downtrodden
sections of our society and thereby fulfilling the constitutional pledge of providing
social, economic and political justice to all.