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The Legal Services Authorities Act: An Overview
The Legal Services Authorities Act was legislated and passed by the Indian Parliament in 1987 and came into effect on November 9th, 1995. Its purpose was to establish a nationwide standard network for providing free and competent legal services to the weaker sectors of society on the basis of equal opportunity. The National Legal Services Authority (NALSA) was created by the Legal Services Authorities Act of 1987 to supervise and evaluate the execution of legal aid programmes and to develop the policies and procedures for rendering legal services in compliance with the Act.
The Objective and Scope of the Act
The National Legal Services Authority (NALSA) identifies specific categories of the marginalised and excluded groups within the diverse population of the country with the intention of reaching out to them. NALSA then develops various plans for the implementation of preventive and strategic legal service programmes to be undertaken and carried out by the Legal Services Authorities at the various levels. As part of its execution of all these duties, NALSA works closely with the various State Legal Services Authorities, District Legal Services Authorities, and other agencies to foster a strategic and coordinated approach that will ensure the efficient and effective operation of the various agencies and stakeholders. This includes regular information exchange; monitoring and updating on the implementation and progress of the various schemes currently in use; and fostering this approach.
Purpose of the Act
The Legal Services Authorities Act was passed by Parliament in 1987, and it came into effect on November 9th, 1995. Its purpose was to create a nationwide consistent network for the provision of free and competent legal services to the less fortunate members of society.
The following table illustrates the provisions mentioned under the act
| Chapters | Sections | Particulars |
|---|---|---|
| I | Sec−1 to 2 | Preliminary |
| II | Sec−3 to 5 | The national legal services authority |
| III | Sec−6 to 11B | State legal services authority |
| IV | Sec−12 to 13 | Entitlement to legal services |
| V | Sec−14 to 18 | Finance, accounts and audit |
| VI | Sec−19 to 22 | Lokadalats |
| VIA | Sec−22A to 22E | Pre−litigation conciliation and settlement |
| VII | Sec−23 to 30 | Miscellaneous |
Key Elements of the Legal Services Authorities Act, 1987
Major key elements are −
To establish policies and guidelines for providing legal services in accordance with the Act's provisions;
To create the most efficient and cost−effective plans for providing legal services in accordance with the Act's provisions;
Making appropriate financial allocations to state and district authorities;
To take the necessary actions through social justice litigation in relation to consumer protection, environmental protection, or any other issue of particular concern to the aforementioned number of other members, possessing such experience and qualifications, as may be prescribed by the Central Government, to be proposed by that government in consultation with the Chief Justice of India;
Organizing legal aid clinics, particularly in rural areas, slums, or labour colonies with the dual goals of teaching the underprivileged about their rights and promoting Lok Adalats as a means of dispute resolution;
Encourage the use of dispute resolution methods such as negotiation, arbitration, and conciliation;
Undertake and promote legal services research with a focus on the need for such services among the poor;
Do everything necessary to ensure adherence to the fundamental obligations of citizens under Part IV−A of the Constitution; monitor and evaluate the legal aid programmes on a regular basis;
to take the necessary steps to promote legal literacy and legal awareness among the people and, in particular, to educate the weaker segments of society. To provide grants−in−aid for specific programmes to various voluntary social−service institutions;
To keep an eye on the activities of state authorities, district authorities, the Supreme Court Legal Services Committee, the High Court Legal Services Committees, the Taluk Legal Services Committees, voluntary social services institutions, and other legal services organizations; and
to make special efforts to win the support of grassroots voluntary social welfare institutions.
What is NALSA under the act?
In order for the State Legal Services Authorities to implement the Legal Services Programs across the nation, NALSA lays out policies, concepts, and guidelines as well as develops practical and affordable schemes.
NALSA's Functions
The following primary responsibilities must be carried out regularly by the State Legal Services Authorities, District Legal Services Authorities, Taluk Legal Services Committees, etc.
People who qualify for free legal services under the act are−
Conclusion
The National Legal Services Authority, which is in charge of these services under the Legal Services Authorities Act of 1987, (NALSA). Giving up free legal counsel could entail− be having an advocate represent you in court and Providing certified copies of decisions, orders, evidence notes, and other court documents.
The authority's powers are extremely broad to encompass all potential actions required for achieving the goal of this Act, providing basic guidance for the appropriate implementation of the legal services programmes. The only requirement is to carry out these regulations in an honest and sincere manner.
Frequently Asked Questions
Q. What power does the Legal Services Authority Act of 1987 grant?
The Legal Services Authorities Act of 1987 established the National Legal Services Authority (NALSA) to oversee and assess the implementation of legal aid programmes and to establish the policies and guidelines for providing legal services in accordance with the Act.
Q. According to the Legal Services Authorities Act, who is eligible for legal services?
As stated in Section 13 (1) of the Act, any person who meets the requirements of Section 12 is entitled to legal services, provided that the relevant Legal Services Authority is satisfied that the person has a good reason to pursue or defend the issue.
Q. Are Cases Before Subordinate Courts the Only Setting for Free Legal Aid?
No, free legal assistance is not only available in instances before lower courts. From India's lower courts, all the way up to the Supreme Court, those in need are given legal aid. Such vulnerable individuals are represented by Legal Aid Counsel before lower courts, high courts, and the Indian Supreme Court.
Q. What types of cases are eligible for free legal aid?
Any person who meets the requirements of Section 12 is entitled to legal services, as stated in Section 13 (1) of the Act, provided that the relevant Legal Services Authority is satisfied that the person has a good reason to pursue or defend the issue. Therefore, there is no restriction on the types of cases one can apply for or decline to apply for. As long as the person complies with the eligibility requirements under Section 12 of the Act, all types of cases are covered.
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