The Legal Services Authority Act, 1987: Providing Equal Access to Justice in India, Summaries of Legal Argumentation Theory

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The Legal Services Authorities

Act, 1987,

Introduction

• (^) The Legal Services Authorities Act, 1987, was

enacted by the Central Government of India

pursuant to Article 39-A of the Constitution of

India and the recommendations of its committees.

• (^) The Legal Services Authority Act, of 1987 came into

effect on 9th November 1995, following the

Amendment Act of 1994, which introduced several

amendments to the main Act. According to this Act,

the economically weak, the backward, and the

disabled are eligible to receive legal aid.

• (^) There are different levels of legal aid, including provisions for legal assistance to illiterate, poor, and physically challenged individuals who are unable to access the courts due to their ignorance of the law or financial limitations.
• (^) Anyone who qualifies for legal aid under Section 12 of the Act, may obtain legal assistance under the Act.
• (^) The National Legal Service Day (NLSD) was declared on November 9, 2009, the day the law came into force.

• (^) As stated under the Act, the legal aid is to be provided by the State, District, and Taluk Legal Service Authorities/Commissions formed throughout the country in order to bring about a re-dedication to ensure equality of opportunity and fairness to all individuals.
• (^) Through its various forms of legal assistance, the NLSD promotes equal opportunity and justice for all citizens.

• (^) There remains a large number of pending cases in the courts of the country.
• (^) A number of measures have already been taken by the government to reduce the number of pending cases.
• (^) In addition to providing a supplementary forum for conciliatory settlements, the plan achieved success in providing an additional forum for litigants.

• (^) Analysis of the Legal Services Authority Act, 1987

Free legal awareness

• (^) This Act is primarily intended for the public to make them aware of laws and schemes issued by public authorities. The Legal Service Authority teaches some portions of the rules of law to the individuals.
• (^) Legal camps and legal aid centres are organized by authorities so that the general public can seek advice from the legal aid centres located near their homes or places of work. The legal guides and centres can help address the grievances of ordinary people as well.

Free legal aid counsel

• (^) A person who wants to defend or file a case in a

court of law but does not have the means to hire an

advocate can seek the assistance of a free legal aid

attorney.

• (^) The Act states that free legal aid counsel is available,

and the Council is responsible for assisting needy

individuals to obtain justice.

• (^) By adopting and establishing this philosophy, the

Indian Courts should be freed from the burden of

adjudicating the cases.

• (^) Lok Adalat was, thus, seen as an Alternative Dispute Redressal (ADR) mechanism that was reliable, efficient, and friendly in resolving disputes.
• (^) Lok Adalats can be constituted by the legal services authorities at such spans and locations to exercise the authority of their jurisdiction in such areas as they think fit.

• (^) There is a mix of lawyers and non-lawyers on the Lok Adalat bench in order for it to possess a superior understanding of the dispute and convince both parties to reach a mutually agreeable compromise.

Structural Organization under Legal Services Authority Act

• (^) As a result of the Legal Services Act, a National Legal Services Authority (NALSA) was established as the apex body for regulating the legal aid provisions.
• (^) State Legal Services Authority (SLSA) handles the implementation of NALSA’s powers at the state level, which delegates further to a number of organizations.
• (^) NALSA is considered to be an alliance between the State, Social Action Groups, individuals, and non-profit organizations that have their presence from the grassroots level to the state level.

NALSA

• In response to Section 4 of the Act, NALSA has

been established to provide free legal aid to all

citizens of the country. The body has been

established by the government.

• It is headed by the Chief Justice of India,

patron-in-chief. The executive chairman of the

organisation is a retired or serving judge of the

Supreme Court of India.

• (^) The main responsibilities of NALSA are the following: - (^) Through legal aid camps, the organization

promotes legal aid in slums, rural and labour

colonies, as well as disadvantaged areas. It plays

an important role in providing education about

the rights and needs of the people who live in

such areas. Lok Adalats are also formed by the

authority to settle disputes between these people.

• (^) Amongst other things, it is primarily concerned

with providing legal services through clinics in law

colleges, universities, etc.

• (^) Arbitration, mediation, and conciliation are all

methods that are used by these organizations to

settle disputes.