The Legal Services Authorities Act: The Machinery

Three of those functions are this module's other topics, written into the Act. Legal literacy is there. Research is there. And clinical legal education is there by name, to be developed in consultation with the Bar Council of India, with the supervision of legal services clinics in universities and law colleges. Chapter 510 rests on this.

Section 5 requires the Central Authority to work in coordination with governmental and non-governmental agencies, universities and others engaged in legal services.

Chapter III: State, district and taluk

Section 6 constitutes a State Legal Services Authority for every State, with the Chief Justice of the High Court as Patron-in-Chief and a serving or retired Judge of the High Court as Executive Chairman, nominated by the Governor in consultation with the Chief Justice.

Section 7 gives its functions, which are to give effect to the policies and directions of the Central Authority and to give legal service to persons who satisfy the criteria laid down under the Act, to conduct Lok Adalats including those for cases pending in the High Court, and to perform such other functions as the State Government may determine in consultation with the Chief Justice.

Section 8 requires the State Authority to act in coordination with other agencies and to be subject to the directions of the Central Authority.

Section 8A constitutes a High Court Legal Services Committee for every High Court, to exercise such functions as the State Authority may determine by regulations.

Section 9 constitutes a District Legal Services Authority for every district, with the District Judge as Chairman. This is the body a person actually deals with, and the body that establishes clinics under the 2011 Regulations.

Section 10 gives the District Authority's functions: to coordinate the activities of the Taluk Legal Services Committees and other legal services in the district, to organise Lok Adalats within the district, and to perform such other functions as the State Authority may fix by regulations.

Section 11 requires it to coordinate with other agencies and be subject to directions.

Section 11A constitutes a Taluk Legal Services Committee for each taluk or mandal, or for groups of them, with a serving or retired judicial officer as ex officio Chairman.

Section 11B gives its functions: to coordinate the activities of legal services in the taluk, to organise Lok Adalats within the taluk, and to perform such other functions as the District Authority may assign.

The shape, and what to draw

A candidate should be able to draw the pyramid, because a question on the machinery is answered fastest by a structure.

NALSA at the top, section 3, with the Supreme Court Legal Services Committee beside it, section 3A.

A State Authority under it, section 6, with a High Court Legal Services Committee beside it, section 8A.

A District Authority under that, section 9, headed by the District Judge.

And a Taluk Committee at the base, section 11A.

Two features of the design worth naming. It is judicially led at every level, with judges as Patrons-in-Chief, Executive Chairmen and Chairmen, which gives it standing and access to the courts it works with. And each level is subject to the directions of the level above, sections 8 and 11, so it is a single national system rather than a federation of schemes.

A worked example

A woman in a village in Palghar district needs a lawyer for a maintenance case.

She reaches the Taluk Legal Services Committee, section 11A, or a legal services clinic established by the District Authority under regulation 3 of the 2011 Regulations, which may be in her own village as a Village Legal Care and Support Centre.

Her application goes to the District Legal Services Authority, section 9, headed by the District Judge, which decides entitlement under section 12 and assigns a panel lawyer under the 2010 Regulations.

If the matter reaches the High Court, the High Court Legal Services Committee under section 8A is the body concerned; if it reaches the Supreme Court, the Supreme Court Legal Services Committee under section 3A.

Funds for it come down the pyramid, because section 4 requires the Central Authority to make appropriate allocations to the State and District Authorities.

And if her case is one of many like it, the District Authority may organise a Lok Adalat under section 10 or a legal aid camp under section 4, which is where legal literacy and legal aid meet.

Quick revision

s.1 commencement, in force 9 November 1995. s.2 definitions; legal service includes advice, and court includes a tribunal or authority exercising judicial or quasi-judicial functions.

s.3 NALSA: Chief Justice of India as Patron-in-Chief, a serving or retired Supreme Court Judge as Executive Chairman. s.3A Supreme Court Legal Services Committee. s.4 functions, including legal aid camps, research, legal literacy and clinical legal education in consultation with the Bar Council of India. s.5 coordination.

s.6 State Authority: Chief Justice of the High Court as Patron-in-Chief. s.7 functions. s.8 coordination and directions. s.8A High Court Legal Services Committee.

s.9 District Authority, chaired by the District Judge. s.10 functions. s.11 coordination. s.11A Taluk Committee, chaired by a judicial officer. s.11B its functions.

Design: judicially led at every level, and each level subject to directions from above, so one national system.

Test yourself

1. Draw the machinery from top to bottom with the section for each body. NALSA under section 3, with the Supreme Court Legal Services Committee under section 3A; State Legal Services Authorities under section 6, with High Court Legal Services Committees under section 8A; District Legal Services Authorities under section 9; and Taluk Legal Services Committees under section 11A.

2. Give four functions of the Central Authority under section 4 that bear on this syllabus. Organising legal aid camps, especially in rural areas, slums and labour colonies, to educate the weaker sections about their rights and encourage settlement through Lok Adalats; undertaking and promoting research in the field of legal services; developing programmes of clinical legal education in consultation with the Bar Council of India and promoting the supervision of legal services clinics in universities and law colleges; and taking measures for spreading legal literacy and legal awareness.

3. Why does the definition of legal service in section 2 matter? Because it expressly includes the giving of advice on any legal matter as well as the conduct of a case, so a system that supplies only court representation is not providing what the Act defines as legal service.

4. Name two features of the design of the machinery. It is judicially led at every level, with the Chief Justice of India, the Chief Justices of the High Courts and the District Judges holding office in it, which gives it standing with the courts; and each level is subject to the directions of the level above under sections 8 and 11, so it is one national system rather than a collection of State schemes.