Legal Services Authorities Act, 1987: Overview and

Explanation

As an LLB student, let's break down the provisions of the Legal

Services Authorities Act, 1987, covering its definition, purpose, key
features, authorities, services, entitlement to services, Lok Adalats,
paralegal training, legal literacy, and Permanent Lok Adalats, while
incorporating relevant sections and case laws where applicable.

1. Definition: The Legal Services Authorities Act, 1987, is an Indian

legislation aimed at providing free legal services to the weaker
sections of society and promoting justice for all, especially those
who cannot afford legal representation.

2. Purpose and Objective: The primary purpose of the Act is to

ensure that justice is not denied to any citizen due to economic or
other disabilities. It seeks to make legal services accessible to
marginalized and disadvantaged groups, promoting the rule of law
and equality before the law.

3. Key Features of the Act: The Act establishes legal services

authorities at the national, state, and district levels. It provides for
free legal aid in civil, criminal, and other specified cases. The Act
also emphasizes alternative dispute resolution mechanisms,
particularly Lok Adalats. It mandates paralegal training and legal
literacy programs.

4. Authorities: The Act establishes the National Legal Services

Authority (NALSA) at the national level, State Legal Services
Authority (SLSA) in each state, and District Legal Services Authority
(DLSA) in each district. These authorities are responsible for
implementing the provisions of the Act.

5. Services: The Act provides for free legal aid and assistance in
various legal matters, including civil, criminal, and public interest
litigation cases. It covers legal representation, advice, consultancy,
and assistance.

6. Person Entitled to Services: The Act extends legal aid to a

variety of individuals, including women, children, Scheduled Castes,
Scheduled Tribes, victims of trafficking, persons with disabilities,
and those with an annual income below a specified threshold.

7. Lok Adalat: Lok Adalats are an important aspect of the Act,

promoting an alternative dispute resolution mechanism. These are
informal and people-centric forums for resolving disputes through
conciliation and mediation. Section 19 of the Act deals with the
organization of Lok Adalats.
 Case Law Illustration: One of the prominent cases that highlight
the effectiveness of Lok Adalats is "Sukanya Holdings (P) Ltd. v.
Jayesh H. Pandya" (2003). In this case, the Supreme Court
emphasized the significance of Lok Adalats in reducing the backlog
of cases and achieving timely justice.

8. Paralegal Training and Legal Literacy: The Act recognizes

the importance of legal literacy and paralegal training. It mandates
the establishment of legal aid clinics in universities, colleges, and
other institutions to impart legal education and raise awareness
about rights and laws.

9. Permanent Lok Adalats: Permanent Lok Adalats are

established under Section 22B of the Act to deal with cases related
to public utility services. These Adalats provide a speedy and
effective mechanism for resolving disputes in public utility services.

Illustration and Case Law: "State of Maharashtra v. Jalgaon

Municipal Council" (2013) is an example where the court discussed
the jurisdiction and functioning of Permanent Lok Adalats,
highlighting their role in resolving disputes involving public utility
services.

In conclusion, the Legal Services Authorities Act, 1987, is a pivotal

legislation that aims to provide justice and legal assistance to the
disadvantaged sections of society. It encompasses various
provisions, including the establishment of authorities, Lok Adalats,
paralegal training, and legal literacy initiatives, all contributing to
the goal of ensuring access to justice for all.

key features of the Legal Services Authorities Act, 1987, in more

detail:

1. Establishment of Legal Services Authorities: The Act sets up

legal services authorities at three levels - national, state, and
district. These authorities are responsible for implementing the
provisions of the Act and ensuring the delivery of free legal aid and
services to the needy. The hierarchy consists of:

 National Legal Services Authority (NALSA) at the national level

 State Legal Services Authority (SLSA) in each state
 District Legal Services Authority (DLSA) in each district

2. Free Legal Aid in Various Cases: One of the primary

objectives of the Act is to provide free legal aid to those who are
unable to afford legal representation. The Act covers a wide range of
cases, including civil, criminal, and other specified cases. This
ensures that individuals, regardless of their economic status, have
 access to legal assistance and representation when they are
involved in legal disputes.

3. Emphasis on Alternative Dispute Resolution (ADR): The Act

places significant emphasis on alternative dispute resolution
mechanisms, with a particular focus on Lok Adalats. Lok Adalats are
informal and people-centric forums where disputes are resolved
amicably through conciliation and mediation. The Act recognizes the
importance of settling disputes outside the formal court system,
promoting quicker and cost-effective resolutions.

4. Mandate for Paralegal Training: The Act recognizes the

importance of legal awareness and education among the masses. To
achieve this, it mandates the establishment of legal aid clinics in
universities, colleges, and other institutions. These clinics serve as
platforms for imparting paralegal training, which involves training
non-lawyers to provide basic legal assistance and information to
individuals seeking legal aid.

5. Legal Literacy Programs: The Act underscores the significance

of legal literacy programs. It encourages the authorities to organize
campaigns, workshops, and seminars to raise awareness about legal
rights, duties, and remedies available to individuals. The objective is
to empower citizens with knowledge about their legal entitlements
and facilitate informed decision-making.

6. Importance of NALSA and SLSA: NALSA and SLSA play crucial

roles in implementing the Act's provisions. NALSA is responsible for
formulating policies and strategies for legal services, coordinating
activities between SLSAs, and monitoring their functioning. SLSAs at
the state level oversee legal aid programs within their respective
states and ensure effective implementation.

each authority established under the Legal Services Authorities Act,

1987:

1. National Legal Services Authority (NALSA):

 Constitution: NALSA is constituted at the national level under

Section 3 of the Act.
 Functions: NALSA formulates policies, principles, and guidelines for
the effective implementation of legal services programs throughout
the country. It coordinates and monitors the functioning of State
Legal Services Authorities and District Legal Services Authorities.
NALSA aims to ensure equal access to justice, especially for the
marginalized and weaker sections of society.
 Powers: NALSA has the power to frame regulations for the purpose
of carrying out its functions, including regulating the grant of free
legal services to eligible individuals. NALSA also has the authority to
receive grants from the Central Government, State Governments,
and other sources.

2. State Legal Services Authority (SLSA):

 Constitution: SLSA is established in each state under Section 6 of

the Act.
 Functions: SLSA coordinates, monitors, and implements legal
services programs within the state. It works in alignment with
NALSA's policies and guidelines to provide legal aid and assistance
to those who need it. SLSA also organizes Lok Adalats and legal
awareness campaigns.
 Powers: SLSA is authorized to frame regulations for the purpose of
carrying out its functions. It can receive grants from various
sources, including the State Government.

3. District Legal Services Authority (DLSA):

 Constitution: DLSA is established in every district under Section 9

of the Act.
 Functions: DLSA is responsible for implementing legal services
programs at the district level. It organizes Lok Adalats and legal aid
clinics, provides free legal aid to eligible individuals, and raises legal
awareness among the local population.
 Powers: DLSA can frame regulations to carry out its functions. It
can receive funds from the State Legal Services Authority and other
sources for its activities.

In summary:

 NALSA operates at the national level and focuses on policy

formulation, coordination, and monitoring of legal services.
 SLSA operates at the state level, implementing legal services
programs and coordinating with NALSA's policies.
 DLSA operates at the district level, providing legal aid, conducting
Lok Adalats, and promoting legal literacy.

These authorities work in a hierarchical manner, ensuring that legal

aid and services are accessible to those who need them at various
levels of administration. They collectively contribute to the Act's
objective of ensuring justice for all, irrespective of economic or
social disparities.

Certainly, let's delve into the various services provided under the
Legal Services Authorities Act, 1987, including legal representation,
advice, consultancy, and assistance, along with illustrative
examples and relevant case laws.

1. Legal Representation: This service involves providing eligible

individuals with legal representation in courts and other legal
forums. It ensures that those who cannot afford a lawyer receive
adequate legal assistance to present their case effectively.

Illustrative Example: In a criminal case, where a person from an

economically disadvantaged background is accused of a crime, the
District Legal Services Authority may appoint a lawyer to represent
the accused in court, ensuring their right to a fair trial.

Case Law: "Hussainara Khatoon & Ors. v. Home Secretary, State of

Bihar" (1979) is a landmark case that highlighted the need for legal
representation for undertrial prisoners who were unable to afford
legal counsel. The Supreme Court held that the right to free legal
services is a fundamental right of an accused person who cannot
afford legal representation.

2. Legal Advice: Legal advice involves providing individuals with

guidance and information about their legal rights, remedies, and
obligations. It helps them make informed decisions regarding their
legal matters.

Illustrative Example: A woman facing domestic violence seeks

legal advice from a legal aid clinic regarding her options for seeking
protection orders and remedies available to her under the law.

Case Law: In "M.H. Hoskot v. State of Maharashtra" (1978), the

Supreme Court emphasized the importance of providing legal aid,
including legal advice, to ensure a fair trial for accused persons who
are not well-versed in legal matters.

3. Legal Consultancy: Legal consultancy entails more in-depth

discussions and guidance on legal matters. It involves analyzing a
person's legal situation, explaining potential courses of action, and
helping them understand the implications of their choices.

Illustrative Example: A person facing property disputes consults

with a legal aid lawyer who provides a detailed analysis of the
property documents, explains the legal issues involved, and
suggests strategies for resolving the dispute.

Case Law: While there might not be a specific case law related to
legal consultancy, the overall principle of providing comprehensive
guidance to individuals in need is in line with the spirit of the Act.
4. Legal Assistance: Legal assistance includes helping individuals
with drafting legal documents, filing petitions, and other procedural
aspects of legal proceedings.

Illustrative Example: An individual seeking compensation for

workplace injuries receives assistance from a legal aid clinic to draft
a proper claim petition and file it before the appropriate authority.

Case Law: "Hiral P. Harsora & Ors. v. Kusum Narottamdas Harsora

& Ors." (2016) is a case that emphasizes the role of legal aid in
assisting individuals with procedural aspects to ensure their access
to justice.

In conclusion, the Legal Services Authorities Act, 1987, provides a

comprehensive range of legal services to those who cannot afford
legal representation. These services aim to ensure that justice is
accessible to all sections of society, particularly the economically
disadvantaged. The illustrative examples and case laws mentioned
above showcase the practical application of these services and their
significance in promoting a just and equitable legal system.

Services .

Certainly, the Legal Services Authorities Act, 1987, extends its legal
aid services to a diverse range of individuals to ensure that justice is
accessible to all, especially those who are vulnerable and
economically disadvantaged. Here's a brief explanation of the
categories of individuals entitled to these services:

1. Women: The Act recognizes the need to provide legal aid to

women who might face discrimination, violence, or other challenges.
This includes women who are victims of domestic violence, dowry
harassment, and other gender-based offenses.

2. Children: Legal aid is extended to children who are in need of

protection or assistance, especially in cases of child abuse, neglect,
or exploitation. This includes ensuring their rights and welfare are
safeguarded.

3. Scheduled Castes and Scheduled Tribes: The Act aims to

protect the rights of marginalized communities, such as Scheduled
Castes and Scheduled Tribes, who might face social and economic
discrimination. Legal aid is provided to ensure their access to justice
and equal treatment.

4. Victims of Trafficking: Individuals who have been subjected to

human trafficking and are victims of exploitation are entitled to
legal aid to seek justice and rehabilitation.
 5. Persons with Disabilities: Legal aid is extended to persons
with disabilities to ensure that they can access legal services and
remedies to protect their rights and address any discriminatory
practices they might face.

6. Persons Below Specified Income Threshold: The Act ensures

that individuals whose annual income falls below a specified
threshold are eligible for legal aid. This ensures that economic
barriers do not prevent them from accessing justice.

The Act's provisions underscore the importance of promoting social

justice and equality before the law by providing legal aid to those
who might be marginalized, vulnerable, or economically
disadvantaged. It ensures that no one is denied access to justice
merely due to their social or economic status.

Certainly, let's delve deeper into the concept of Lok Adalats,

especially from an LLB exam viewpoint.

Lok Adalat: Concept and Importance

Definition: Lok Adalat, which translates to "People's Court," is an

alternative dispute resolution mechanism under the Legal Services
Authorities Act, 1987. It is an informal and conciliatory forum that
aims to resolve disputes outside the formal judicial process.

Features:

.
Informal and Conciliatory: Lok Adalats promote amicable
settlement of disputes through negotiation, conciliation, and
mediation. The emphasis is on finding a mutually acceptable
solution rather than adversarial litigation.
.
.
People-Centric: Lok Adalats involve active participation of the
parties involved in the dispute, allowing them to express their
grievances, concerns, and interests directly.
.
.
Speedy Resolution: Lok Adalats are known for their expeditious
disposal of cases. This helps in reducing the backlog of pending
cases in traditional courts.
.
.
Statutory Backing: Lok Adalats derive their legal basis from
Section 19 of the Legal Services Authorities Act, 1987. This section
 empowers the authorities to organize Lok Adalats for the settlement
of disputes.
.

Procedure:

.
Reference of Cases: Cases can be referred to Lok Adalats by
parties themselves or by courts at different stages of litigation. Even
pending cases can be referred to Lok Adalats for settlement.
.
.
Composition: Lok Adalats are typically presided over by a judicial
officer, a lawyer, or a social worker, acting as the
conciliator/mediator.
.
.
Participation: Parties to the dispute and their legal
representatives, if any, participate in the Lok Adalat. They present
their case, and the conciliator facilitates discussion and negotiation.
.
.
Settlement: If the parties agree on a settlement, it is recorded as
an award of the Lok Adalat and has the same legal standing as a
court decree.
.

Significance:


Reduced Backlog: Lok Adalats play a crucial role in reducing the
burden of cases on the traditional judicial system, thereby helping in
achieving faster justice.


Cost-Effective: Since the focus is on amicable settlement, parties
save time and money that would have been spent on a prolonged
court process.


Access to Justice: Lok Adalats make justice accessible to a wider
population, especially those who cannot afford lengthy litigation.


Case Law Illustration: In "Sukanya Holdings (P) Ltd. v. Jayesh H.

Pandya" (2003), the Supreme Court highlighted the effectiveness of
Lok Adalats in reducing the backlog of cases. It emphasized that Lok
Adalats provide an opportunity for parties to resolve their disputes
 promptly and achieve timely justice, thereby contributing to the
overall goal of ensuring access to justice for all.

Paralegal Training and Legal Literacy: Concept and

Importance

Definition: Paralegal training refers to the education and training

of non-lawyers to provide basic legal assistance and support under
the supervision of qualified legal professionals. Legal literacy, on the
other hand, involves raising awareness among the general public
about their legal rights, duties, and remedies.

Importance: Paralegal training and legal literacy are crucial for

empowering individuals with the knowledge they need to
understand and navigate the legal system effectively. These
initiatives help bridge the gap between the legal system and the
general public, ensuring access to justice for all.

Mandate under the Act: The Legal Services Authorities Act, 1987,
mandates the establishment of legal aid clinics in universities,
colleges, and other institutions to promote paralegal training and
legal literacy.

Illustrations:

.
Paralegal Training: Imagine a legal aid clinic established in a
university. Through paralegal training, students not only learn about
legal concepts but also gain practical skills in drafting legal
documents, providing basic legal advice, and assisting in legal
research. This prepares them to assist underprivileged individuals
who cannot afford legal representation.
.
.
Legal Literacy: Suppose a legal aid clinic organizes a workshop in
a rural area to educate villagers about their rights under the Right to
Information (RTI) Act. Through interactive sessions, villagers learn
how to access information from government bodies, empowering
them to hold public officials accountable.
.

Case Law Illustration:

In "M.C. Mehta v. Union of India" (1987), the Supreme Court

emphasized the importance of legal literacy in environmental
matters. The court held that legal literacy is essential for citizens to
actively participate in protecting the environment and enforcing
environmental laws.
 Permanent Lok Adalats: Concept and Importance

Definition: Permanent Lok Adalats are specialized forums

established under Section 22B of the Legal Services Authorities Act,
1987, to provide a speedy and effective resolution of disputes
related to public utility services.

Establishment: These Lok Adalats are established by the State

Governments in consultation with the Central Government. They
operate at the district level and are presided over by a Chairman
and two other members, one of whom is an advocate.

Role and Jurisdiction: Permanent Lok Adalats have exclusive

jurisdiction to entertain and decide cases involving public utility
services. These services include services like transport, postal,
banking, insurance, supply of power, water, and housing.

Case Law Illustration: "State of Maharashtra v. Jalgaon

Municipal Council" (2013)

Background: In this case, the Jalgaon Municipal Council had

challenged the jurisdiction of the Permanent Lok Adalat to entertain
disputes related to municipal taxes and charges.

Issue: The main issue was whether Permanent Lok Adalats have
jurisdiction to entertain disputes beyond their mandate of public
utility services.

Court's Observations and Decision: The Supreme Court held

that Permanent Lok Adalats' jurisdiction is confined to cases
involving public utility services. In cases involving municipal taxes
and charges, it was clarified that Permanent Lok Adalats do not
have the jurisdiction to decide on such matters.

LLB Exam Perspective:

.
Understanding Permanent Lok Adalats: Make sure you
understand the concept and role of Permanent Lok Adalats as
specialized forums for resolving disputes related to public utility
services.
.
.
Jurisdiction: Be clear about the jurisdiction of Permanent Lok
Adalats and the types of cases they are authorized to handle.
.
.
Case Law Analysis: Understand the significance of the "State of
Maharashtra v. Jalgaon Municipal Council" case, including the issue,
court's observations, and decision. This case highlights the
importance of adhering to the jurisdiction and mandate of
Permanent Lok Adalats.
.
.
Real-Life Application: Reflect on the case law's implications on
the functioning of Permanent Lok Adalats and how it contributes to
the effective resolution of disputes.
.