The Legal Services Authority Act 1987 for JAIIB Exam

The Legal Services Authority Act of 1987 is a critical topic covered in government and banking exams such as the UPSC GS-II and JAIIB. Candidates taking these exams must have a thorough understanding of the subject matter because there may be questions on it in the exam. In this guide, we have covered the most important information about the Legal Services Authority Act of 1987, including its objectives, free legal assistance, relevance, Lok Adalat, and various other facts, to assist our readers in their preparations. Keep reading to find out about the Legal Services Authority Act 1987.

Legal Services Authority Act 1987: Overview

The Indian parliament passed the Legal Services Authorities Act of 1987 in 1987, but it did not go into effect until November 9, 1995. It was enacted in response to a suggestion made in India’s Law Commission’s fourteenth report. The central government established a legal aid program in 1960, but it was later discontinued due to a lack of funds. However, in 1973, the government launched its second phase by forming a committee led by Justice V.R. Krishna Iyer to develop legal aid programs for every state. The committee established a committee led by Justice P.N. Bhagawathi to carry out the legal assistance strategy in a decentralised way. They proposed programs for legal aid in each state, district, and administrative centre.

Background

Indian administrative, judicial, and economic systems went a significant shift under the British rules. The abolition of the informal conflict resolution system and the introduction and complexity of the adversarial system enforced the Supreme Court of India to undertake an action for the fair and proper adjudication of justice in 1978. The court then declared that a free legal aid provision must be included in India’s constitution because of the technical complexity of the laws, the prevalence of lawyers, and their fees.

Article 39A (free legal aid) in the Indian Constitution, a provision under the directive principles of state policy, allows free and efficient legal assistance to the underprivileged segment of the population. It ensures that all citizens, regardless of socioeconomic status, receive equal justice.

Why Free Legal Assistance is Important?

Equal access to the law is a fundamental right of all citizens. The primary reasons for the need for free legal aid include:

Offers legal assistance to the most disadvantaged members of society.
Facilitates the elimination of disparities between the rich and the poor as a result of the privileges enjoyed by the wealthy.
Ensures that the privileged members of society are restricted from taking the law into their own hands.

Important Provisions of Legal Services Authorities Act, 1987

The core of the Legal Services Authorities Act 1987 is the hierarchical legal service systems at the district, state, and central levels, which serve as the principal criterion for giving legal assistance, Lok Adalat, and free legal assistance. In India, there are three tiers of the hierarchical legal service system:

District Legal Services Authority (DLSA)
State Legal Service Authority (SLSA), High Court Legal Services Committee (HCLSC)
National Legal Service Authority (NALSA), Supreme Court Legal Services Committee (SCLSC)

National Legal Services Authority (NALSA)

NALSA is a body established by the central government under Section 4 of the Legal Services Authorities Act 1987 to provide free legal aid to all members of society. The Chief Justice of India is its patron–in–chief, while a serving or retired supreme court judge acts as the executive chairman. The President in collaboration with the Chief Justice of India nominates them. A group named the Supreme Court Legal Services Committee (SCLSC) is formed by the central authority. NALSA aims to distribute justice amongst all Indian citizens equally and ensures that justice is not denied to anyone based on economic or other criteria.

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The primary functions of NALSA are:

Conducts legal aid camps with a greater emphasis on urban slums, rural regions, and labour colonies.
Assists in educating the inhabitants of such regions about their rights and needs. In addition, it created Lok Adalat to settle disputes.
Emphasises the establishment of legal service centres in law schools, universities, etc.
Uses arbitration, negotiation, and settlement to fix conflicts.
Grants aid to social service agencies that work for the welfare of socially marginalised groups at the grassroots level.
Sponsors research aimed at enhancing legal services for the underprivileged.
Assures citizens’ adherence to their fundamental responsibilities.
Ensures that the plans and initiatives are executed appropriately through periodic monitoring and evaluates the actions done to address legal aid issues.
Establishes policies and plans for making legal services accessible.
Creates the most efficient and cost-effective strategies for providing legal services.
Addresses financial affairs and distributes cash to state and local legal services authorities.

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