In this case, we are giving an introduction to study Legal Services Authorities Act, 1987. The Act provides an alternative forum in the form of Lok Adalats for decision and disposal of cases by functioning within the schemes framed under the Act, so that the arrears of the work in regular courts may be reduced to a considerable extent, and timely and inexpensive justice be made available to the needy parties and litigants. This Act is basically in furtherance of the object and the purpose mentioned in Article 39-A of the Constitution of India. The intention is to provide legal aid and as part of the legal aid programme to spread legal literacy and legal awareness amongst weaker sections of the society.
The system of dispensing justice in India has come under great stress for several reasons mainly because of the huge pendency of cases in courts. In India, the number of cases filed in the courts has shown a tremendous increase in recent years resulting in pendency and delays underlining the need for alternative dispute resolution methods. An Alternate Dispute Resolution (ADR) system is a solution to this problem. The different systems of ADR are Arbitration, Conciliation, Negotiation, Mediation, and Lok Adalat. In this article, we shall study about Legal Services Authority Act, 1987, which gives the constitution of Lok Adalats.
When we study alternate dispute resolution system, we should refer following three landmark judgments of our Supreme Court, viz. In the Berubari, (1960) 3 SCR 250 case the Supreme Court of India declared that the preamble is not an integral part of the Indian constitution. Therefore it is not enforceable in a court of law, later in Kesavananda Bharati, (1973) 4 SCC 225 case, the apex court declared preamble to be a part of the Constitution of India holding that the preamble may be used to interpret ambiguous areas of the constitution yet again in the Union Government v. LIC of India 1995 SCC (5) 482 case, once again held that Preamble is an integral part of the Constitution.
Article 39 of the Constitution of India:
Article 39A of the Constitution of India provides that State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall in particular, provide free legal aid, by suitable legislation or 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.
Articles 14 and 22(1) also make it obligatory for the State to ensure equality before the law and a legal system which promotes justice on a basis of equal opportunity to all. Legal aid strives to ensure that the constitutional pledge is fulfilled in its letter and spirit and equal justice is made available to the poor, downtrodden, and weaker sections of society.
In tune with Article 39A of the Constitution of India, The State is obligated to promote justice on a basis of equal opportunity and all private parties having civil dispute must choose a forum outside court and state court system. Such a system must be available where public law is violated. Lok Adalats, Nyaya Panchayats, Legal Services Authorities, Arbitration Services, Mediation Centres can help t0 achieve the objective of the constitution under Article 39A.
In M. H. Hoskot v. State of Maharashtra, 1978 (3) SCC 544 case, the Supreme Court observed that it is not possible to reach the benefits of the legal process to the poor, to protect them against injustice, and to secure to them their constitutional and statutory rights unless there is a nationwide legal service programme to provide free legal services to them.
In the year 1987, the Legal Services Authorities Act was enacted by the Parliament which came into force on 9th November 1995 to establish a nationwide uniform network for providing free and competent legal services to the weaker sections of the society on the basis of equal opportunity.
While Arbitration and Conciliation Act, 1996 is a fairly standard western approach towards ADR, the Lok Adalat system constituted under National Legal Services Authority Act, 1987 is a uniquely Indian approach.
In Abdul Hassan v. Delhi Vidyut Board, AIR 1999 Del 88 case, the Court observed that the concept of Lok Adalats has been gathered from a system of panchayats which has roots in the history and culture of this country.
The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to monitor and evaluate the implementation of legal aid programmes and to lay down policies and principles for making legal services available under the Act.
In every State, a State Legal Services Authority and in every High Court, a High Court Legal Services Committee have been constituted. District Legal Services Authorities, Taluk Legal Services Committees have been constituted in the Districts and most of the Taluks to give effect to the policies and directions of the NALSA and to provide free legal services to the people and conduct Lok Adalats in the State. Supreme Court Legal Services Committee has been constituted to administer and implement the legal services programme insofar as it relates to the Supreme Court of India.
Legal Services Authorities Act, 1987:
Objectives and Scope of the Act:
The Preamble to the Act gives two-fold objective of the Act viz. to provide an alternative to the existing mode of formal litigation for resolution of disputes that have resulted in a ‘docket explosion’ of cases and to strengthen the cause of ‘access to justice’.
In Board of Trustees of the Port Of Visakhapatnam v. Presiding Officer, District Legal Aid Services Authority, 2000 (5) ALD 682 AP case, the Court observed that the Preamble of the Act reiterates that its basic objective is to constitute legal services authorities to provide free and competent legal services to the weaker sections of the society and to organize Lok Adalats to secure that the operation of the legal system promotes justice on basis of equal opportunity, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic, or other disabilities.
In Commissioner, K. S. P. Instructions v. Nirupadi Virbhadrappa Shiva, AIR 2001 Kam, 504 case, the Court observed the subject and the scope of the Act contained in the Preamble is threefold. Firstly, to provide free and competent legal services to the weaker sections of the society, secondly, to ensure that justice is not denied to them by reason of economic and other disabilities, and thirdly, to organize Lok Adalats so as to promote justice on the basis of equal opportunity.
Commencement:
In the year 1987, the Legal Services Authorities Act was enacted by the Parliament which came into force on 9th November, 1995
Extent and Applicability:
This Act is applicable in the whole of India.
Scheme of the Act:
There are 8 Chapters containing 30 Sections:
- Chapter I: Preliminary consists of Sections 1 and 2.
- Chapter II: The National Legal Services Authority consists of Sections 3 – 5.
- Chapter III: State Legal Services Authority consists of Sections 6 – 11A.
- Chapter IV: Entitlement to Legal Services consists of Sections 12 and 13.
- Chapter V: Finance, Accounts, and Audit consists of sections 14 – 18.
- Chapter VI: Lok Adalats consists of Section 19 – 22.
- Chapter VI A: Pre-Litigation Conciliation and Settlement consists of Sections 22A – 22E
- Chapter VII: Miscellaneous consists of Sections 23 – 30
In the next article, we shall study the constitution and functions of different Legal Authorities and Legal Committees formed at different levels under this Act.