SALIENT FEATURES OF LEGAL SERVICE AUTHORITY ACT 1987

ARMY INSTITUTE OF LAW, MOHALI

SALIENT FEATURES OF LEGAL SERVICE AUTHORITY ACT 1987

In partial fulfilment of BA LLB 5 years degree

Submitted To: Submitted By:

Dr. Kulpreet Bhullar Deepak Kumar

(Asst. Professor of Law) Roll No. - 1642

 SALIENT FEATURES OF LEGAL SERVICE AUTHORITY ACT 1987

"One has to remember that Legal Aid can be used most oppressively against innocent people"'
Lord Denning, House of Lords, 14th January 1985

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. It was this constitutional mandate, which was responsible to set the tone
of development of Legal Aid Program including organization of Lok Adalats in the country
through the State Legal Aid Boards with the Central Committee for Implementing Legal Aid
Schemes, popularly known as CILAS (Committee for Implementing Legal Aid Schemes) headed
by a senior Judge of the Supreme Court of India 1. The Central Government, in 1980 constituted a
Committee for implementation of Legal Aid Schemes (CILAS) by way of a resolution of the
Department of Legal Affairs dated 26 September 19802. 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. 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.

1
Simon James & Chantal Stebbings , A Dictionary of Legal Quotations (Universal Law Publishing, New Delhi 51h
Indian reprint 2004)109
2
Sarkar S.K., Law Relating to Lok Adalats and Legal Aid (Orient Publishing Company Allahabad, 2nd Ed.2008)
38.
 SALIENT FEATURES OF LEGAL SERVICE AUTHORITY ACT 1987

RATIONALE BEHIND FREE LEGAL SERVICES IN INDIA

a) 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. Equal access to the law for the rich and the poor alike is essential to
the maintenance of the rule of law. The Constitution of Indian Republic protects life and
personal liberty as the Fundamental Right bestowed upon all persons in India. Article 21
reads in its pregnant words, "No person shall be deprived of his life or personal liberty
except according to the procedure established by law". It is, therefore, essential 195 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.3
b) 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. Added to this is the fact that legal
language is so complex that even the educated people cannot understand it easily. No steps
have been taken by judicial experts to remove this impediment by simplifying legal
language. Laws should be such that anyone reading it should be able to decipher the same.
So long as this is not done, it remains the duty of the government to render free legal service
to the people.
c) 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.
Under such circumstances the poor, who cannot pay such exorbitant fees, become helpless
and for them, law ceases to be the protector. Due to economic disability, they cannot avail
themselves of the legal services. We must look at how to make justice more affordable,
whether in terms of court fee or lawyer's fee. Low level of legal awareness also impedes
access to justice.4

3
Dr.Manas Chakrabarthy, "Legal Aid to the Poor", AIR, Nagpur (2000), Jour 190
4
http://www.Telegraph inida.com
 SALIENT FEATURES OF LEGAL SERVICE AUTHORITY ACT 1987

d) 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. Moreover, due to delay, under trials languish in
jails for years. Delayed justice leads to denial of justice. Yet for the judiciary the challenge is
not only to dispose cases speedily but also to dispose them effectively. The problem can be
addressed by reducing the burden on courts by promoting alternative dispute redressal
mechanisms'.5 Ms. Sonia Gandhi hoped that `Grama Nyalayas', being set up around the
country would usher in a revolution in the handling and disposing of cases and bring
meaningful justice to the common man.6
e) Legislative Attempt
The powerless, the poor and the ignorant need assistance for being empowered to uphold
their own rights. Legal Literacy Campaigns, Para-legal training programmes, Mobilization
of public opinion against injustice, out of court settlement of disputes and free legal aid are
the some of the ways through which the poor and underprivileged can be made to realize
their rights. It was against this backdrop that the Legal Service Authorities Act, 1987 was
adopted. Significant thrust in this direction came in seventies and eighties when civil rights
and civil liberties became a matter of major concern in India. Earlier the demands for justice
were not mass based, and could not evoke response. 7 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. Once again it may be referred to what Martin Luther King has said: "Injustice
anywhere is a • threat to justice everywhere".8
f) Judicial Contribution
Our Constitution is committed to equality and personal freedom. Free legal aid and Lok
Adalats seek to fulfill these commitments. In 1979, the Supreme Court held that free legal
aid is implicit in the guarantee of Article 21 and Article 14 9. In this case, Justice P.N.
Bhagwati and Justice D. A. Desai found that some of the under-trials have been in jail for a
5
Dr.Moitree Bhattacharya, Access to courts and Enforcement of Rights, Free Legal Services to the Poor, Indian
Social Institute, New Delhi ( 2003) 31.
6
http:/netinida.in/new
7
Dr.Manmohan Singh, Addressing a National Conference on Law, Justice and Conunon man, at New Delhi,
httpllnetinida.in/new
8
Oxford Dictionary of Quotations and Proverbs, Oxford University Press (2001)153.
9
Hussainara Khatoon v. State of Bihar AIR 1979 SC 1360
 SALIENT FEATURES OF LEGAL SERVICE AUTHORITY ACT 1987

period more than the maximum term they would have been sentenced, if convicted. It
violates the personal liberties of the individuals as well as right to equality of citizens. Since
they are poor, they cannot avail legal consultation like others and therefore languish in jails
for years. In Para 9 of the judgment it was recommended that comprehensive free legal
service is necessary. For there is a mandate for equal justice under Article 14 and personal
liberty under Article 21 as well as a compulsion of constitutional directive under Article
39A.10

SALIENT FEATURES OF LEGAL SERVICE AUTHORITY ACT 1987

1. The Legal Services Authority Act, 1987 (`LSA’) was enforced with effect from
9th November,1995 after certain amendments were introduced by the Amendment Act of 1994 to
the main act. The Act provides for scope of legal aid support for the economically weak,
backward section and disabled persons . Legal Aid scheme was introduced by Justice P.N.
Bhagawati under the Legal Aid Committee formed in 1971. Justice R.N. Mishra, Chief Justice of
India contributed to the enforcement of LSA and the establishment of the National Legal
Services Authority on 5th December, 1995 for enforcement of LSA. ‘Legal aid’ has been defined
and includes provision for legal assistance to the poor, illiterate, physically challenged persons
who do not have access to courts due to ignorance of law and financial handicap. The Act
provides that anyone who is eligible to avail of legal aid as per S 12 of LSA can seek assistance
under the enactment. LSA owes its origin to the Constitution. 11  9th November, 2009, the day the
Act came to be enforced has been declared National Legal Service Day (`NLSD’). The Act is
meant to imbibe re-dedication to ensure equal opportunity and justice to all by provision of legal
aid through the State, District and Taluk Legal Service Authorities/ Committees formed
throughout the country. NLSD symbolizes equal opportunity and justice to all by imparting legal
aid and assistance through different forms of legal service authorities across the country.12

2. Vision of LSA reads that ‘no one shall be denied of access to Justice for the reasons of
economic or other disabilities.’ LSA aims at providing legal awareness, free legal aid and
establishment of Lok Adalats. Introduction of Lok Adalats added a new chapter to the justice

10
Khatri v. State of Bihar AIR 1981 SC 928
11
141h, Law Commission Report on the Refonn ofJudicial Administration.
12
Dr..Singh R.K, "Legal Aid In India- Still in its infancy", AIR, Nagpur ( 1994) Jour.49
 SALIENT FEATURES OF LEGAL SERVICE AUTHORITY ACT 1987

dispensation system in the country. It succeeded in providing a supplementary forum for

conciliatory settlement of disputes to litigants.13 The country is burdened with pending cases
which continue to pile up in the Courts. The Government has already tried various means to
reduce the number of piled up cases.

3. Indian Constitution was adopted on 26th November, 1949 and came into force on 26th January,
1950. The constitution is stated to have drawn up relationship between:

(a) various institutions and the areas of government,

(b) executive, legislative and judiciary,

(C) Central Government, State Government and the Local Government,

(d) people and the Government,

(e) political, social and economic issues.

4. India has the longest written constitution in the world. There a XXII (22) Parts with 395
Articles (total number of Articles 444). Out of these Articles, many contain number of
exceptions and limitations and it is added with 12 schedules. Up to April, 2006 there have been
93 amendments. The preamble states that people are the ultimate authority and the constitution
emerges from them. Our constitution aims to secure to all citizens:

(i) Justice  – social, economic and political.(ii) Liberty – of thought, expression, belief, faith and
worship.(iii) Equality – of status and opportunity and  promotion among all fraternity assuming
the dignity of the individual, unity and integrity of the nation. Constitution is a machinery by
which laws are made and is not a mere law. A constitution is a living and organic thing which of
all instruments has the greatest claim to be constructed broadly and liberally. 14.  Articles 14 and
16(4) of the Constitution intend to remove social and economic disparity for the citizens and
provide equal opportunities available to all. Right to social and economic justice envisaged in the
preamble of the Constitution and elongated in the Fundamental Rights and Directive Principles
of the State Policy of the Constitution, particularly Articles 14, 15, 16, 21, 38, 39 and 46 are to
make the equality of the life of the poor, disadvantaged and disabled citizens of the society

13
Justice. Bhatt J.N," Ten Commandments of effective legal services ,Nyaya Deep" ,Vol.II ,Issue 3 (1999)19
14
(Goodyear India v State of Haryana AIR, 1990 AC 781 ; (1990) 2 SCC 71,paragraph 17)
 SALIENT FEATURES OF LEGAL SERVICE AUTHORITY ACT 1987

meaningful.15 Indian Constitution follows the federal form. Constitution is the supreme. There is
division of power between the Union and State Governments as envisaged in the federal system
of government. Judiciary is independent. Procedure of amendment of the constitution is rigid and
can be done only with the approval of two-third of the members of the Parliament present and
voting in favor of the amendment.

5. Fundamental Rights of citizens are included in Articles 12 to 35 under Part III and the
Directive Principles of State Policy enshrined under Articles 36 to 51 under Part
IV. Together they form the conscience or core of the constitution 16 (AIR 1986 SC 1322) meant
for the citizens. While the fundamental rights occupy a pride of place, the directive principles of
state policy hold a `place of purpose.’

6. Article 14 provides that the State shall not deny to any person equality before the law or equal
protection of the laws within the territory of India. Article 39A states that the state shall ensure
operation of the legal system , promote justice on the basis of equal opportunity and shall  in
particular provide free legal aid by suitable legislature or schemes or in any other way to ensure
opportunities for securing justice and citizens are not denied justice by reason of economic or
other disabilities.

7. The important impact of Article 39A read with Article 21 is the reinforcement of the right of
a person involved in a criminal proceeding, to receive legal aid. Article 39A intends to interpret
(and even expand) the right conferred by S 304 of the Code of Criminal Procedure, 1973. Legal
aid may be treated as a part of the right created under Article 21.17

8. Persons eligible for legal aid under LSA

S-12 of LSA prescribes criteria under which legal aid will be granted to persons. The persons
stated in S 12 are entitled to legal aid. S 12 of the Act states that every person who has to file or
defend a case shall be entitled to legal services under this Act if that person is:

a)  a member of a Scheduled Caste or Scheduled Tribe; b)  a victim of trafficking in human
beings or beggar as referred to in Art.23 of the Constitution; c)   a woman or a child; d)  a
15
(Valsamma Paul vs Cochin University,AIR 1996 SC 1011,paragraph 6: (1996) 3 SCC 545)
16
(AIR 1986 SC 1322)
17
(Kishore v State of Himachal Pradesh (1991) 1 SCC 286; AIR 1990 2140; 1990 Cri LJ 2289).
 SALIENT FEATURES OF LEGAL SERVICE AUTHORITY ACT 1987

mentally ill or is otherwise disabled person; e)  a person under circumstances of undeserved want
such as being a victim of a mass disaster, ethnic violence, caste atrocity, drought, earthquake or
industrial disaster; or f)  an industrial workman; or g)  in custody, including custody in protective
home within the meaning of clause (g) of Section 2 of the Immortal Traffic (Prevention)
Act,1956 or in a juvenile home within the meaning of clause; h) of Section 2 of the Juvenile
Justice Act,1986 or in a psychiatric nursing home within the scope clause (g) of section of the
Mental Health Act,1987; or (i) in receipt of annual income less than rupees nine thousand or
such other higher amount as may be prescribed by the State 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.

9. Structural Organization under LSA.

LSA prescribed the formation of a National Legal Services Authority (NALSA) the apex body
regulating legal aid provision of the Act. Powers of NALSA are delegated to the State Legal
Services Authority (SALSA) for implementation at the state level which delegates further to
several groups. The movement is a combination of the State, Social Action Groups including
individuals and NGOs having presence starting from the grass root, state level to the Supreme
Court. The structure as prescribed under the Act is given below:

National Legal Service Authority (NALSA)

(Apex Body to Augment Legal Aid Movement).

 SALIENT FEATURES OF LEGAL SERVICE AUTHORITY ACT 1987

Source : Study Material of LASWEB

NALSA provides for free legal aid to the persons covered by S 12 of LSA and includes  persons
in custody and in psychiatric hospitals, victims of trafficking in human beings, victims of
disasters, ethnic violence, caste atrocities, flood, drought, earthquake or industrial disaster.
Nature of services provided include advocates’ fees,  payment of court fee for filing  case before
a court, expenses for typing and preparation of petition and documents, expenses for summoning
witnesses and meeting expenses incidental to litigation. NALSA also provides for preventive and
strategic legal aid by undertaking legal awareness programmes and transforming villages into
litigation free.

To take the concept of legal aid to the door-step of those who are intended to be covered by LSA,
legal aid clinics are formed and manner of their operation are given as under:
 SALIENT FEATURES OF LEGAL SERVICE AUTHORITY ACT 1987

LEGAL AID CLINIC

(To carry the legal aid project to the door steps)

 Source : Study material of LASWEB

10. Legal aid movement is being implemented as per the scope provided by LSA and the other
relevant enactments. Awareness is the fundamental to the success of the objective of LSA. This
involves undertaking awareness programmes, district level aid measures by the State,
additionally setting up Counselling Centres. It also involves preparation for legal action in the
form of public interest litigation. Legal aid movement its scope and methodology is depicted as
under:
 SALIENT FEATURES OF LEGAL SERVICE AUTHORITY ACT 1987

LEGAL AID MOVEMENT

 Source: Study material of LASWEB.

11.  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.
Matters taken up by the Lok Adalats include matrimonial cases, motor accident cases, civil
cases, criminal (compounding offences) cases, redressing senior citizens’ grievances, labour
 SALIENT FEATURES OF LEGAL SERVICE AUTHORITY ACT 1987

disputes, Bank recovery cases, disputes with mobile cellular companies, land acquisition cases,
pension cases, workmen’s compensation matters, consumer grievance cases, electricity matters,
telephone bill disputes, Municipal matters including House Tax cases, NREGA matters,
grievances of laborers in the unorganized sector and cases pending before the Supreme Court of
India and High Courts.

12. Awareness on Legal Aid

Legal aid facility has been implemented for over 10 years, but the information of such scope of
assistance is not with majority of those who really need such assistance. The law for such aid is
in place but lacks implementation in the manner it was envisaged. Each state has its office and
the scheme is monitored by the State Legal Services Authorities.

13. To do justice to those who have taken the pains to support litigants who do not have the
means to approach the Court for redressal, it is important to spread information of such schemes
for the benefit of the low or middle income group.

15. Legal Aid Movement – an example

Legal aid movement started 22 years ago under the aegis of Justice D.K.Basu (Retd) of the High
Court at Calcutta. Justice Basu spearheaded the movement to take it to dizzy heights duly
assisted by Gita Nath Ganguli, Advocate, Justice Moloy Sengupta (Retd). High Court at Calcutta
and a host of others. LASWEB (Legal Aid Services- West Bengal) formed to fulfill the objective
of LSA provides legal aid to the persons for whom the act is meant. The organization is the only
of its kind in the country that conducts a certificate course and has produced over 1000
counselors through the course module, ‘Counseling, a mode of Resolution of Disputes.’ The
22nd batch numbering 50 heads completed their training on 19 th December, 2009 . The legal
fraternity in the state supports the endeavors of LASWEB in a very big way. LASWEB has done
tremendous work in the field of providing legal aid to those who needed it most. It is continuing
to serve through its network under the guidance of competent and dedicated people. In his
address on the occasion one of the sitting judges of the High Court Bench of Calcutta said that
the aim of the legal aid movement started on its enactment, was to present to the society, `bare
footed lawyers’ who would take the facility of legal aid initiated by the Government to the door
step of those who need it most. LASWEB claims to have achieved making a village in the state
 SALIENT FEATURES OF LEGAL SERVICE AUTHORITY ACT 1987

of West Bengal, litigation free which is one of the objectives of LSA. If the accomplishment is
spread all over the country even in a small way, the achievement would be remarkable. The
crusade of Justice D. Basu and his team have already borne results and is set to achieve greater
heights in the days ahead where each person is required to play its role also.

CONCLUSION

A single person or factor cannot contribute to the success of a movement. Each citizen has to
come forward. The concept for legislation for free legal aid to the needy was inititiated by Justice
P.N.Bhagawati, continued by others and the Act was implemented by Justice R.N.Mishra. The
movement aiming the implemention of the LSA in letter and spirit is being carried on by Justice
D. Basu, Gitanath Ganguli , Justice M.Sengupta and others of their team in West Bengal. Other
states have also tried to adopt their model. Company Secretaries cannot remain silent spectators
they have a significant role to play. With only absolute necessary litigations, the country can
direct its energy in removing in equality in the society .Company Secretaries can directly and
indirectly help the likes of Justice D.Basu in fulfilling the objective of the LSA as envisaged by
the framers of the law. The profession can be an active participant in the movement which  aims
at providing legal aid to those who require it the most.