Legal Service Authority

Act,1987
Dr. Archana Gadekar
Associate Professor
Faculty of Law
The Maharaja Sayajirao University of Baroda
[email protected]
 • Human Rights
• Constitutional Ideology
• Legal Aid and Role of Supreme Court
• Free Legal Aid: Statutory Provisions
• Legal Service Authority Act,1987
Synopsis • NALSA: Functions
• Lok Adalats
• Schemes under NALSA
• Legal Aid: Object Achieved ???
• Way Forward
 • Art. 8:
• Everyone has the right to an effective remedy
by the competent national tribunals for acts
UDHR violating the fundamental rights granted him by
the constitution or by law.
 • Article14 (3)(d) guarantees
to everyone:
• “Right to be tried in his presence,
and to defend himself in person or
International through legal assistance of his own
choosing;
Covenant on • to be informed, if he does not have
legal assistance, of this right;
Civil and • and to have legal assistance
assigned to him, in any case where
the interests of justice so require,
Political Rights and without payment by him in any
such case if he does not have
sufficient means to pay for it”
 • Promote Social Justice- Preamble
• Part III and Part IV
• Equality of Opportunity
• Art. 39 A : Equal Justice and Free Legal Aid
• The State shall secure that the operation of the
Constitutional legal system promotes justice, on a basis of
equal opportunity, and shall, in particular,
provide free legal aid, by suitable legislation or
Ideology schemes or in any other way, to ensure that
opportunities for securing justice are not
denied to any citizen by reason of economic or
other disabilities.
What is Legal Aid
Legal aid is the provision of assistance to people
otherwise unable to afford legal representation and
access to the court system.

Legal aid is regarded as central in providing access to

justice by ensuring

• Equality before the law

• The right to counsel
• And the right to a fair trial
 • In M.H Hoskot v. State Of
Maharashtra (1978), Justice KrishnaIyer
observed that providing free legal aid is
the State's duty and not Government's
Free Legal Aid charity.

and the Courts • In State of Maharashtra v. Manubhai Pragaji Vashi (1989)

• that the failure to provide free legal aid to an accused at
the cost of the State unless refused by the accused,
would vitiate the trial.
 • Section 304 of the Criminal • Section 304 makes it clear
Cr.PC and Procedure Code that the State is under an
• that where in a trial before obligation to provide legal
Legal Aid the Court of Session, the assistance to a person
charged with offence
accused is not represented triable before the Court of
by a pleader Session.
• and where it appears to the • It enables the State
Court that the accused has Government to direct that
not sufficient means to these provisions shall
engage a pleader; the Court apply in relation to any
shall assign a pleader for his class of trials before other
defence at the expense of courts in the State.
the State.
 • Order 33 of the Civil Procedure Code
provides in respect of the suit by indigent
person.
• On the application to sue as indigent
person is being granted the plaintiff shall
Legal Aid not be liable to pay court fee and in case
he is not represented by a pleader, the
and CPC Court may, if the circumstances of the case
so requires, assign a pleader to him.
• This benefit has now been extended to
the dependant also.
 Object

to constitute legal services authorities to

provide free and competent legal services
Legal Service to the weaker sections of the society
Authorities
Act,1987 to ensure that opportunities for securing
justice are not denied to any citizen by
reason of economic or other disabilities,

to organise Lok Adalats to secure that the

operation of the legal system promotes
justice on a basis of equal opportunity.
Legal Service Authorities
Act,1987

Constitution of National Legal Service Authority

State Legal Service Authority

Entitlement to Legal Services

Lok Adalats

Pre Litigation Conciliation and Settlement

 • CG- constitute NALSA- to exercise the powers
and perform the functions conferred on, or
assigned to the Central Authority
• Central Authority
• CJI- Patron in Chief
NALSA- • SC Judge-Sitting or Former - Executive Chairman
Constitution • Other members-nominated in consultation with
CJI by Govt- possessing necessary qualification
and experience
• Member Secretary
SC/HC/District Legal Services Committee
• S.3A
• The Central Authority shall constitute a Committee to be called the
Supreme Court Legal Services Committee for the purpose of
exercising such powers and performing such functions as may be
determined by regulations made by the Central Authority.
Composition
• A sitting judge of the Supreme Court who shall be the Chairman;
• (b) Such number of other members possessing such experience and
qualifications as may be prescribed by the Central Government to be
nominated by the Chief Justice of India.
• Secretary to the Committee- to be appointed by CJI
Functions of Central Authority

LAY DOWN POLICIES FRAME SCHEMES UTILISE FUNDS AND NECESSARY STEPS-
AND PRINCIPLES FOR MAKING LEGAL MAKE ALLOCATION SOCIAL JUSTICE
AID AVAILABLE TO STATE AND LITIGATION W.S.R.T
DISTRICT CONSUMER
AUTHORITIES PROTECTION,
ENVIRONMENTAL
PROTECTION,
TRAINING TO
SOCIAL WORKERS IN
LEGAL SKILLS

ORGANISE LEGAL SETTLEMENT OF

AID CAMPS- RURAL DISPUTES- LOK
AREAS/ SLUMS- ADALATS,
EDUCATING NEGOTIATIONS,
WEAKER SECTIONS- ARBITRATION AND
CONCILIATION
Functions of
Central • Promote Research
Authority • Monitor and evaluate Implementation
• Ensure commitment to fundamental duties
• Monitor and evaluate legal aid programmes
• Provide grant-in-aid for specific schemes to SLSA and
DLSA- for implementation of legal services
Functions of • Develop programmes for clinical legal education in consultation with
BCI
Central • Promote guidance and supervise establishment of working of legal
services clinic

Authority • Take appropriate measures to spread legal literacy and legal awareness-
esp. weaker sections of society
• Make special efforts to enlist the support of voluntary social welfare
institutions working at the grass-root level, particularly among the
Scheduled Castes and the Scheduled Tribes, women and rural and
urban labour;
• Coordinate and monitor working of SLSA and DLSA
• Give directions for proper implementation of legal service programmes
Criteria for giving Legal Services
Receipt
Every person who has to of less
file or defend Member of SC or annual
ST income Victim of
Human
Trafficking
Woman or Begar
In Industrial
Custody Workman Victim of
Mass disaster,
Mentally Ill or Flood Ethnic Violence
Disabled Person Drought Caste Atrocity
Earthquake
Legal Aid
• According to regulation 7(6) of the National Legal Services Authority
(Free and Competent Legal Services) Regulations 2010,
• the application for legal services will be scrutinized by the Member-
Secretary or the Secretary
• and if the applicant has mentioned/expressed his/her choice of a
lawyer on the panel,
• such Member-Secretary or Secretary can consider and allow the
same.
• (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) 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.
National Legal Aid
Fund

The National/State/district Legal Aid Fund shall be applied for

meeting :-

(a) The cost of legal services provided under this Act including
grants made to State Authorities.
(b) The cost of Legal services provided by the Supreme Court
Legal Services Committee.
(c) Any other expenses which are required to be met by the
Central Authority.
 • Lok Adalat
• Judicial Officers- Serving or
Retired
• Other persons as may be
specified
• Jurisdiction
• Any case pending or
• Any matter falling within
jurisdiction, and is not
brought before, any court for
which the Lok Adalat is
organised
• No Jurisdiction – non
compoundable offence

Lok Adalats
Award of Lok Adalat

• Court fees paid – to be

refunded
• Award- deemed to be Decree
• Binding and Final
• No Appeal
 • Same powers as Civil Court
• Power to summon and
enforce attendance of
witness and examine him on
oath
• Discovery and production of
any document
• Reception of evidence on
Affidavit
• To requisition any public
record / document
• Power to specify its own
procedure

Powers of Lok Adalat

 Public Utility Services

• (i) Transport services for the

carriage of passengers or goods
by air, road or water or
Permanent Lok Adalat • Postal/Telephone
Composition
• Supply of Power, Light etc
DJ , 2 members having
experience in public Utility • Insurance Service
services
• Service in Hospital
•
Cognizance of cases by Permanent LokAdalat

• Jurisdiction: Any matter brought • No Jurisdiction :

before it • Non Compoundable Offence
• Matter referred to Permanent • Value of property in dispute
Lok Adalat- Bar to approach any exceeds 10 lakhs- this can be
other court for same dispute increased by the C.G
Procedure of Permanent Lok Adalat
• while conducting conciliation proceedings or deciding a dispute on
merit under this Act,

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 and the
Indian Evidence Act, 1872.
Award of Permanent Lok Adalat

FINAL AND BINDING DEEMED TO BE DECREE

 Compensation Schemes for Women
Victims/Survivors of Sexual Assault/other
Crimes 2018

Schemes for Para Legal Volunteers

Schemes
under NALSA Schemes for Legal Services to Disaster
victims through Legal Service Authority

NALSA ( Victims of Trafficking and

Commercial Sexual Exploitation),
Scheme,2015
 NALSA (Legal Services to the Workers in the
Unorganized Sector) Scheme, 2015

NALSA (Child Friendly Legal Services to

Children and their Protection) Scheme, 2015

Schemes NALSA (Legal Services to the Mentally Ill and

under NALSA Mentally Disabled Persons) Scheme, 2015

NALSA (Effective Implementation of Poverty

Alleviation Schemes) Scheme, 2015

NALSA (Protection and Enforcement of

Tribal Rights) Scheme, 2015
 NALSA (Legal Services to the
Victims of Drug Abuse and
Eradication of Drug Menace),
Scheme, 2015

Schemes NALSA (Legal Services to Senior

Citizens) Scheme, 2016
under NALSA

NALSA (Legal Services to Victims of

Acid Attacks) Scheme, 2016
Schemes Under NALSA
• Draft witness Protection Scheme 2018
 Vision Statement of NALSA

NALSA—
Objective
Analysis To promote an inclusive legal system
in order to ensure fair and meaningful
justice to the marginalized and
disadvantaged sector
176706- Awareness Prog.-2018
Persons Attended -21099675
Legal Literacy Camps held
April 2012 -
64,625
March 2013
April 2013 -
60,904
March 2014
April 2014 -
1,10580
March 2015
April 2015 -
110400
March 2016
Permanent Lok Adalat

No. of
Total
No. of PLAs No. of
settlemen
PLAs functionin No. of cases
t
establishe g ( as on sittings disposed
amount
d 31.01.201 of
Rs.
6)
23,87,00,2
292 239 17,117 1,03,559
91
 R

Lok Adalat

MACT CASES SETTLED & COMPENSATION PAID IN MACT

CASES
(FROM APRIL, 2015 TO MARCH, 2016)
Compensat
No. of No. of No. of Cases ion Paid in
LokAdalats MACT Cases Settled (including MACT
Held Settled MACT Cases) Cases (in
Rs.)
27,15,5
1,67,586 1,28,217 1,52,99,214
3,48,516
Lok Adalats- Based on
Conciliatory System
 Several Success Stories

Several New Initiatives

Door to Door Campaign

Objective Legal Literacy Clubs in Schools

Analysis Awareness through Cinema and LED monitors

You Tube Episodes- Akele Nahi Hai Aap

Access to Justice in far flung areas

Capacity Building of PLVs

 NALSA- ESTABLISHED IN MARCHED FORWARD
1987-HAS COME A LONG VIGOUROUSLY
WAY

Way Forward

TOWARDS ACHIEVEMENT OF REACHING THE UNREACHED

CONSTITUTIONAL GOAL OF – ULTIMATE GOAL
ACCESS TO JUSTICE FOR ALL