The Legal Services Authorities Act, 1987 provides free and competent legal aid to weaker sections, ensures equal access to justice under Article 39A, and establishes Legal Services Authorities, Lok Adalats and Permanent Lok Adalats for affordable, speedy and accessible justice in India.

About Legal Services Authorities Act, 1987

The Legal Services Authorities Act, 1987 was enacted to establish legal services authorities that provide free and competent legal services to weaker sections of society, ensure that no citizen is denied access to justice due to economic or other difficulties, and organise Lok Adalats to promote justice through equal opportunities under the legal system.

• The Act was enacted on 11 October 1987, but came into force on 9 November 1995 through a notification issued by the Central Government.
• It extends to the whole of India and provides the statutory framework for free legal aid and the organisation of Lok Adalats.
• The Act primarily gives effect to Article 39A, which directs the State to ensure equal justice and provide free legal aid so that economic or other disabilities do not prevent access to justice.
• It also supports the constitutional guarantees under Article 14 (equality before law) and Article 21 (protection of life and personal liberty).

Legal Services Authorities Act, 1987 Objectives

The Legal Services Authorities Act, 1987 has two broad and interconnected objectives: 

• Providing legal services to disadvantaged persons
• Promoting alternative dispute resolution through Lok Adalats.

The Act further promotes legal literacy, legal awareness, preventive legal aid, social justice litigation and legal services clinics, thereby moving beyond merely providing lawyers after a dispute has reached the courts.

Institutional Structure under the Act

The Legal Services Authorities Act, 1987 establishes a multi-level institutional framework to ensure that legal aid and dispute-resolution services reach people from the national level to the local level.

• National Level → NALSA → Supreme Court Legal Services Committee
• State Level → State Legal Services Authority → High Court Legal Services Committee
• District Level → District Legal Services Authority
• Taluk Level → Taluk Legal Services Committee

1. National Legal Services Authority (NALSA)

The National Legal Services Authority (NALSA) is the apex statutory body responsible for formulating policies, coordinating and monitoring legal services programmes across India.

• The Chief Justice of India is the Patron-in-Chief, while a serving or retired Supreme Court Judge nominated by the President in consultation with the CJI is the Executive Chairman.
• NALSA allocates funds to State and District Authorities, organises legal aid camps, promotes legal literacy, supports legal services clinics and encourages settlement through negotiation, arbitration and conciliation.
• It also undertakes social justice litigation, promotes clinical legal education and coordinates the functioning of State, District, High Court and Taluk legal services institutions.
• Its administrative expenses are charged to the Consolidated Fund of India.

2. Supreme Court Legal Services Committee (SCLSC)

The Supreme Court Legal Services Committee (SCLSC) provides legal services in matters before the Supreme Court.

• It is headed by a sitting Judge of the Supreme Court as Chairman, with other members nominated by the Chief Justice of India.
• It facilitates free legal representation and related legal services for eligible persons before the Supreme Court.

3. State Legal Services Authorities (SLSAs)

Every State has a State Legal Services Authority (SLSA) responsible for implementing NALSA’s policies and delivering legal services at the State level.

• The Chief Justice of the High Court is the Patron-in-Chief, while a serving or retired High Court Judge nominated by the Governor in consultation with the Chief Justice is the Executive Chairman.
• SLSAs provide legal services to eligible persons, organise Lok Adalats, including those for High Court cases, and undertake preventive and strategic legal aid programmes.
• Their administrative expenses are charged to the Consolidated Fund of the State.

4. High Court Legal Services Committees (HCLSCs)

A High Court Legal Services Committee (HCLSC) is constituted for every High Court to provide legal services in matters before the High Court.

• It is headed by a sitting Judge of the High Court nominated as Chairman by the Chief Justice of the High Court.
• It primarily facilitates legal aid in High Court matters and supports the organisation of Lok Adalats for cases within the High Court’s jurisdiction.

5. District Legal Services Authorities (DLSAs)

A District Legal Services Authority (DLSA) is constituted for every district to implement legal services programmes at the district level.

• The District Judge is its Chairman, while a judicial officer of the prescribed rank serves as its Secretary.
• DLSAs coordinate legal services activities in the district, organise Lok Adalats and coordinate the work of Taluk Legal Services Committees.

6. Taluk Legal Services Committees

The State Authority may constitute a Taluk Legal Services Committee for a taluk or mandal, or a group of taluks or mandals, to extend legal services to the grassroots.

• The senior-most Judicial Officer in its jurisdiction is the ex-officio Chairman.
• It coordinates legal services at the local level, organises Lok Adalats and performs functions assigned by the District Authority.

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Legal Services Authorities Act, 1987 Major Provisions 

The Legal Services Authorities Act, 1987 contains provisions dealing with legal aid, eligibility, institutional responsibilities, funding, Lok Adalats, Permanent Lok Adalats, financial accountability and rule-making powers.

1. Meaning and Scope of Legal Services

The Legal Services Authorities Act, 1987adopts a broad understanding of legal services:

• Under Section 2(c), legal services include assistance in conducting a case or legal proceeding before a court, authority or tribunal and legal advice on any matter.
• The term court includes civil, criminal and revenue courts as well as tribunals and other authorities exercising judicial or quasi-judicial functions.
• In practice, free legal services may include representation by an advocate, payment of process fees and other litigation expenses, preparation of pleadings and appeals, drafting legal documents and providing certified copies of judgments and orders.
• Legal services can also include assistance in accessing benefits available under government welfare schemes, policies and legislation.

Who is Eligible for Free Legal Services? 

Section 12 provides a specific statutory list of persons entitled to legal services under the Act.

A person is eligible if they fall within any one of the following categories:

• A member of a Scheduled Caste or Scheduled Tribe.
• A victim of trafficking in human beings or begar referred to in Article 23 of the Constitution.
• A woman or child.
• A person with disability as recognised under the applicable disability law.
• A person facing undeserved want, including a victim of mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster.
• An industrial workman.
• A person in custody, including persons in protective homes, juvenile homes and specified psychiatric institutions.
• A person whose annual income falls below the prescribed income ceiling applicable to the relevant court.

Eligibility is not limited only to people below the poverty line; several categories, such as women, children, SC/ST persons and persons in custody, qualify because of their status or circumstances.

Income Criterion

Under Section 12(h) of the Legal Services Authorities Act, 1987, a person is eligible for free legal services if their annual income is below the prescribed limit.

• For cases before courts other than the Supreme Court, the income limit is prescribed by the respective State Government and therefore varies across States.
• For cases before the Supreme Court, the current NALSA limit is ₹5 lakh per annum. 
• The income criterion is not applicable to the other categories independently covered under Section 12, such as women, children, SC/ST members and persons in custody. 

Entitlement to Legal Services – Section 13

Section 12 tells us who can apply for free legal aid, while Section 13 tells us when legal aid can actually be granted.

• First, the person must qualify under Section 12, such as being a woman, child, SC/ST person, industrial workman or person in custody.
• Second, the Legal Services Authority examines whether the person has a prima facie case, meaning the case appears to have a genuine legal basis and is worth pursuing or defending.
• If both conditions are satisfied, legal aid can be provided.
• Where eligibility is based on income, the applicant’s income affidavit can generally be accepted as proof, unless the authority has reason to doubt it.

Financing of Legal Services

The Legal Services Authorities Act, 1987 creates dedicated funds at the national, State and district levels to finance legal aid programmes.

• Under Section 14, the Central Government provides grants to NALSA after due appropriation by Parliament.
• Under Section 15, NALSA establishes the National Legal Aid Fund, which receives Central Government grants, donations and other amounts and finances legal services, including grants to State Authorities.
• Under Section 16, every State Authority establishes a State Legal Aid Fund funded through grants from NALSA, State Government grants, donations and other permitted receipts.
• Under Section 17, every District Authority establishes a District Legal Aid Fund to finance its functions, including the work of Taluk Committees.

Accounts and Audit

The Legal Services Authorities Act, 1987 under section 18, provides for financial accountability of legal services authorities.

• NALSA, State Authorities and District Authorities must maintain proper accounts and prepare annual statements of accounts.
• Their accounts are audited by the Comptroller and Auditor-General of India (CAG) at specified intervals.
• The CAG has powers to inspect records, demand documents and examine accounts in connection with the audit.

The audited accounts and audit reports are forwarded to the Central or State Government and are laid before Parliament or the State Legislature, as applicable.

Lok Adalats

Lok Adalats are statutory forums established under the Legal Services Authorities Act, 1987 to provide speedy, inexpensive and amicable settlement of disputes through compromise and conciliation, thereby promoting access to justice and reducing the burden on regular courts.

• Organising Authorities: Lok Adalats are organised by NALSA, State Legal Services Authorities, District Legal Services Authorities, High Court Legal Services Committees and Taluk Legal Services Committees.
• Composition: They generally comprise serving or retired judicial officers and other qualified persons having prescribed experience and qualifications.
• Nature of Cases: They can settle both pending court cases and pre-litigation disputes that fall within the jurisdiction of a court.
• Reference of Cases: Pending cases may be referred with the consent of both parties, on an application by one party where settlement appears possible, or when the court considers the matter suitable for settlement.
• Principle of Settlement: Their primary objective is compromise and conciliation, guided by justice, equity, fair play and other legal principles, rather than adversarial litigation.
• Non-Compoundable Offences: Lok Adalats cannot settle offences that are non-compoundable under the applicable law.
• Failure of Settlement: If settlement fails, a pending case is returned to the concerned court for disposal, while parties in a pre-litigation dispute may approach the appropriate court.
• Legal Status of Award: Every Lok Adalat award has the status of a civil court decree or an order of the concerned court, depending on the nature of the case.
• Finality and Appeal: The award is final and binding on all parties, and no appeal lies against it before any court.
• Court Fee: When a pending case is settled through Lok Adalat, the court fee paid is refundable as provided under the applicable law.
• Powers: Lok Adalats have specified powers of a Civil Court, including summoning witnesses, enforcing their attendance, examining them on oath, requiring production of documents, receiving evidence on affidavits and requisitioning public records.
• Flexible Procedure: A Lok Adalat may determine its own procedure, making the process less formal, faster and more accessible than conventional litigation.
• Judicial Character: Proceedings before a Lok Adalat are treated as judicial proceedings, and the Lok Adalat is deemed to be a Civil Court for specified purposes under criminal procedure law.

Permanent Lok Adalats

Permanent Lok Adalats (PLAs) are permanent statutory forums introduced through the Legal Services Authorities (Amendment) Act, 2002 to provide pre-litigation dispute resolution for matters relating to public utility services.

• Purpose: Permanent Lok Adalats aim to provide speedy, inexpensive and accessible justice by first attempting conciliation and, if necessary, deciding the dispute on merits.
• Public Utility Services: They cover services such as transport, postal and telephone services, supply of power, light and water, sanitation, hospitals, dispensaries and insurance. The Central or State Government may notify additional services in the public interest.
• Composition: A Permanent Lok Adalat is headed by a person who is or has been a District Judge, Additional District Judge or held higher judicial office, along with two members having relevant experience in public utility services.
• Pre-Litigation Jurisdiction: A party can approach a Permanent Lok Adalats before approaching a court, making it different from an ordinary Lok Adalat dealing with both pending and pre-litigation matters.
• Bar on Parallel Litigation: Once an application is made before a PLA, the parties cannot simultaneously approach a court for the same dispute.
• First Stage (Conciliation): The Permanent Lok Adalat first attempts amicable settlement through impartial conciliation, helping parties reach a mutually acceptable solution.
• Second Stage (Decision on Merits): If conciliation fails, the PLA can decide the dispute on merits, except matters involving non-compoundable offences.
• Guiding Principles: While deciding disputes, PLAs follow natural justice, objectivity, fair play and equity and are not bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872.
• Award: An award may be based on a settlement or a decision on merits and is treated as a decree of a civil court.
• Finality: The award is final and binding on the parties, is passed by majority, and cannot be challenged through an original suit, application or execution proceeding.
• Execution: The award can be executed through a competent civil court, ensuring enforceability of the decision.

Legal Services Authorities Act, 1987 Other Important Provisions

The Legal Services Authorities Act, 1987 also contains several provisions that ensure institutional functioning and accountability.

• Section 23 treats members and staff of Legal Services Authorities, Committees and Lok Adalats, including persons constituting Permanent Lok Adalats, as public servants for the purposes specified in law.
• Section 24 provides protection against suits, prosecution or other legal proceedings for actions done or intended to be done in good faith under the Act.
• Section 25 gives the Act an overriding effect where its provisions are inconsistent with another law or legal instrument.
• Section 27 empowers the Central Government, in consultation with the Chief Justice of India, to make rules for implementing the Act.
• Section 28 empowers the State Governments, in consultation with the Chief Justice of the concerned High Court, to make rules for implementing the Act.
• Section 29 empowers NALSA to make regulations concerning matters such as the powers and functions of the Supreme Court Legal Services Committee.
• Section 29A empowers State Legal Services Authorities to make regulations concerning their functions and those of High Court, District and Taluk-level committees.
• Section 30 requires rules and regulations made under the Act to be laid before the appropriate legislature, providing a measure of legislative oversight.

Legal Services Authorities Act, 1987 Significance

• Access to Justice: Ensures free legal aid for vulnerable and disadvantaged sections.
• Constitutional Mandate: Gives effect to Article 39A and strengthens Articles 14 and 21.
• Social Justice: Protects the legal interests of women, children, SCs, STs, workers and other vulnerable groups.
• Affordable Justice: Reduces the financial barriers to litigation.
• Speedy Justice: Lok Adalats provide quick, inexpensive and informal dispute resolution.
• Reduced Pendency: Settling suitable disputes outside regular courts helps reduce judicial backlog.
• Legal Empowerment: Promotes legal literacy, awareness and access to legal advice.
• Grassroots Justice: The State–District–Taluk network brings legal services closer to citizens.
• Pre-litigation Settlement: Permanent Lok Adalats facilitate settlement of disputes involving public utility services.

Legal Services Authorities Act, 1987 Limitations

• Low Awareness: Many eligible people remain unaware of free legal aid.
• Quality Concerns: Shortage of trained lawyers and weak monitoring can affect the quality of representation.
• Limited Outreach: Remote and marginalised communities may face difficulty accessing legal services.
• Digital Divide: Digital legal services may exclude those lacking connectivity or digital literacy.
• Resource Constraints: Inadequate staff, infrastructure and funding can limit institutional capacity.
• Settlement Pressure: Excessive focus on compromise may affect fairness where parties have unequal bargaining power.
• Limited Lok Adalat Jurisdiction: Lok Adalats cannot deal with non-compoundable offences and generally depend on settlement between parties.
• Implementation Gap: Legal entitlement to aid does not always translate into timely and effective legal representation.