Access to justice is a fundamental right, essential for the preservation of human dignity and equality. However, the complexities of legal processes and the prohibitive costs often create insurmountable barriers for the economically disadvantaged. The Legal Services Authorities Act, of 1987, emerged as a pivotal legislative measure in India, aiming to democratize access to legal aid and ensure that justice is not denied due to economic or other disabilities. This Act was inspired by the Supreme Court's landmark ruling in M.H. Hoskot v. State of Maharashtra, which underscored the necessity of free legal assistance as a constitutional mandate. The Act aligns with Article 39A of the Indian Constitution, introduced through the 42nd Amendment, which enshrines the principle of providing free legal aid to the underprivileged, thereby ensuring that the administration of justice promotes equal opportunity.
The Genesis of the Legal Services Authorities Act, 1987
The Legal Services Authorities Act, 1987, though passed by the Indian Parliament in 1987, was implemented on November 9, 1995. The Act was the outcome of a recommendation made in the 14th report of the Indian Law Commission and a response to the growing need for a structured legal aid mechanism. The first attempt to provide legal aid in India began in 1960 with a government-sponsored program, but it was eventually discontinued due to financial constraints. The second phase of legal aid initiatives began in 1973, with Justice V.R. Krishna Iyer leading a committee to formulate state-level legal aid programs. The committee, under the chairmanship of Justice P.N. Bhagawathi, later decentralized the legal aid program, proposing the creation of district, state, and national legal service authorities. This structured approach was crucial in making legal aid more accessible and efficient.
The Hierarchical Legal Service System
The Legal Services Authorities Act, of 1987, established a hierarchical system of legal aid across the country, comprising the National Legal Services Authority (NALSA), State Legal Services Authorities (SLSAs), District Legal Services Authorities (DLSAs), and Taluk Legal Services Committees. Each of these bodies is responsible for providing free and competent legal services to those who are unable to afford them.
1. National Legal Services Authority (NALSA): Established under Section 4 of the Act, NALSA is responsible for ensuring that legal aid is available to every citizen, irrespective of their economic status. NALSA organizes legal aid camps, particularly in rural and urban slums, and promotes legal literacy through various initiatives. The organization also facilitates Lok Adalats, an alternative dispute resolution mechanism, to expedite justice delivery.
2. State Legal Services Authorities (SLSAs): Every state has its own legal services authority, which functions under the guidance of NALSA. SLSAs are responsible for implementing legal aid schemes and organizing Lok Adalats at the state level. The Chief Justice of each High Court serves as the patron-in-chief, with an executive chairman, typically a sitting or retired judge, overseeing operations.
3. District Legal Services Authorities (DLSAs): Under Section 9 of the Act, DLSAs ensure the implementation of legal aid schemes at the district level. These authorities conduct Lok Adalats to resolve disputes and oversee the functioning of Taluk Legal Services Committees.
Criteria for Legal Aid
Section 12 of the Legal Services Authorities Act, 1987, outlines the eligibility criteria for receiving legal aid. The Act ensures that free legal services are provided to individuals whose annual income does not exceed a specified limit (currently set at two lakh rupees), victims of mass disasters, natural calamities, racial atrocities, and those in custody or protective homes. Additionally, women, children, individuals with disabilities, and members of Scheduled Castes and Scheduled Tribes are entitled to legal aid under this Act.
The Role of Lok Adalats
Lok Adalats, governed by Section 19 of the Act, play a crucial role in reducing the backlog of cases in Indian courts. These courts function as an alternative dispute resolution mechanism, where cases are settled amicably with the consent of the parties involved. The awards given by Lok Adalats hold the status of a civil court decree and are binding on the parties, ensuring a speedy and cost-effective justice process.
Challenges and Limitations
Despite its noble objectives, the implementation of the Legal Services Authorities Act, of 1987, faces several challenges. One of the major limitations is the overburdened structure of the legal service authorities. For instance, Section 3 of the Act, which establishes NALSA, does not provide for a dedicated workforce, leading to an overreliance on members who already have substantial responsibilities elsewhere. Similarly, the requirement under Section 3-A for the chairperson of the Supreme Court Legal Services Committee to be a Supreme Court judge often leads to inefficiencies due to the judge's existing workload.
Free Legal Aid: A Constitutional Mandate
The Act fulfils the constitutional mandate of Article 39A, which directs the state to provide free legal aid to ensure that justice is not denied due to economic or other disabilities. It also reinforces the principles of equality before the law and equal protection of the law, as enshrined in Articles 14 and 22(1) of the Constitution. Free legal aid under this Act includes legal advice, payment of court fees, representation by a lawyer, and the provision of certified copies of legal documents.
Conclusion
The Legal Services Authorities Act, of 1987, is a landmark legislation that has significantly contributed to making the Indian legal system more inclusive and accessible. By establishing a structured legal aid system and promoting the use of Lok Adalats, the Act has made significant strides in ensuring that justice is not a privilege reserved for the wealthy but a right accessible to all. However, to realize its full potential, there is a need for continuous evaluation and enhancement of the existing framework, particularly in terms of resources and manpower. The Act represents a crucial step towards achieving the democratic ideal of equal justice for all, irrespective of economic or social status.
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