Submitted by: Bushra Ahmed

GU16R0666
BA LLB VIII semester
Tuesday, 06 April 2020

1. A brief about Legal Services Authorities Act, 1987.

"Legal Aid scheme was first introduced by Justice P.N. Bhagwati under the Legal Aid
Committee formed in 1971. According to him, the legal aid means providing an arrangement
in the society so that the missionary of administration of justice becomes easily accessible
and is not out of reach of those who have to resort to it for enforcement of its given to them
by law" the poor and illiterate should be able to approach the courts and their ignorance and
poverty should not be an impediment in the way of their obtaining justice from the courts.
Legal aid should be available to the poor and illiterate. Legal aid as defined, deals with legal
aid to poor, illiterate, who don't have access to courts. One need not be a litigant to seek aid
by means of legal aid. Legal aid is available to anybody on the road.
An Act to constitute legal services authorities to provide free and competent legal services to
the weaker sections of the society to ensure that opportunities for securing justice are not
denied to any citizen by reason of economic or other disabilities, and to organise Lok Adalats
to secure that the operation of the legal system promotes justice on a basis of equal
opportunity.

2. Objectives, Authorities, Functions and Eligibility under Legal Services Authority

Act, 1987. 

Ans. The Legal Services Authorities Act, 1987, is aimed to provide free and competent Legal
Services to the weaker sections of the society to ensure that opportunities for securing justice
are not denied to any citizen by reason of economic or other disabilities and to organize Lok
Adalats to secure that the operation of the legal system promotes justice on a basis equal
opportunity. Creating legal awareness, legal aid and settlement of disputes through amicable
settlement are the main functions of the Authority.

Legal awareness programmes are taken up for empowerment of legal knowledge to all the
citizens in general and to the weaker sections of the society in particular. Various activities
are taken up to reach the vulnerable sections of the society such as SC/ST, Women, Industrial
Labourers etc. The Authority provides legal aid by way of providing the services of able
efficient services of Lawyers. Any person, who fulfills the criteria, is entitled for the legal
Aid.

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 Lok Adalats organized by the Authorities and the Taluk Committees help the disputing
parties to come to settlement through conciliation and such settlement reached before a Lok
Adalat becomes a record having equal status as that of a judgment/decree of the Court. 

Functions of the State Authority

According to Section 7 of Legal Services Authority Act Functions of the State Authority are
as Follows

1) It shall be the duty of the State Authority to given effect to the policy and directions of the
Central Authority.

2) Without prejudice to the generality of the functions referred to in sub-section (1), the State
Authority shall perform all or any of the following functions, namely -

               (a) give legal service to persons who satisfy the criteria laid down under this Act.

               (b) conduct Lok Adalats, including Lok Adalats for High Court cases;

               (c) undertake preventive and strategic legal aid programmes; and

               (d) perform such other functions as the State Authority may, in consultation with the
Central Authority, fix by regulations.

Eligibility

The sections of the society as enlisted under Section 12 of the Legal Services Authorities Act
are entitled for free legal services, they are :

(a) A member of a Scheduled Caste or Scheduled Tribe;

(b) A victim of trafficking in human beings or begar as referred to in Article 23 of the
Constitution;
(c) A woman or a child;
(d) A mentally ill or otherwise disabled person;
(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(104 of 1956); or in a juvenile home
within the meaning of clause(j) of Section 2 of the Juvenile Justice Act, 1986 (53 of 1986); or
in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of
Section 2 of the Mental Health Act, 1987(14 of 1987);or
(h) a person in receipt of annual income less than the amount mentioned in the following
schedule (or any 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 Rs. 5 Lakh, if the case is
before the Supreme Court.

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 3. Different modes of legal aid.

Ans. Free legal service can be given in all, or any one, or more, of the following modes,
namely: -

 By payment of court fee, process fee, expenses of witnesses, preparation of the paper
book, lawyer’s fee and all other charges payable or incurred in connection with any legal 
proceedings
 Through representation by a legal practitioner in legal proceedings
 By supplying certified copies of judgments, orders, notes or evidence and other
documents in legal proceedings
 By preparation of appeal paper book, including printing, typing and translation of
documents
 By drafting of legal documents

4. In what kind of cases legal aid shall not be given?

 Defamation
 Prosecution done out of vengeance
 Contempt of court
 Lying under oath
 Proceedings related to elections
 Cases where the fine imposed is not more than Rs. 50
 Economic offences and offences against social laws.
 Cases where the person seeking legal aid is not directly concerned with.
 The proceedings and whose interest will not be affected, if not represented properly.