The Legal Services Authorities Act, 1987

Summary of the Legal Services Authorities Act, 1987
The Legal Services Authorities Act, 1987 was enacted to establish legal services authorities at the national, state, district, and taluk levels to provide free and competent legal services to eligible persons and to organise Lok Adalats for the amicable settlement of disputes. The Act was enacted on 11 October 1987 and came into force on 9 November 1995. It gives effect to the constitutional mandate of equal access to justice, particularly under Articles 14 and 39A of the Constitution.
1. Objective
The Act aims to:
• Provide free and competent legal services to weaker sections of society.
• Ensure that no person is denied justice due to economic or other disabilities.
• Promote equal access to justice.
• Organise Lok Adalats for speedy and amicable settlement of disputes.
2. National Legal Services Authority (NALSA) (Sections 3–5)
The Act establishes the National Legal Services Authority (NALSA) to:
• Lay down policies and principles for legal aid.
• Frame effective legal services programmes.
• Monitor and coordinate the implementation of legal aid schemes.
• Promote legal literacy and legal awareness.
• Coordinate with State Legal Services Authorities and other agencies.
3. State, District and Taluk Legal Services Authorities
The Act provides for:
• State Legal Services Authorities (SLSAs).
• High Court Legal Services Committees.
• District Legal Services Authorities (DLSAs).
• Taluk Legal Services Committees (TLSCs).
These authorities implement legal aid programmes, organise Lok Adalats, spread legal awareness, and provide legal assistance at their respective levels.
4. Persons Entitled to Free Legal Services (Section 12)
Free legal services are available to, among others:
• Members of Scheduled Castes (SCs) and Scheduled Tribes (STs).
• Women and children.
• Victims of trafficking or begar.
• Persons with disabilities or mental illness.
• Victims of mass disasters, ethnic violence, caste atrocities, floods, droughts, earthquakes, or industrial disasters.
• Industrial workmen.
• Persons in custody (including prisons, protective homes, juvenile homes, and psychiatric hospitals).
• Persons whose annual income is below the prescribed limit.
5. Lok Adalats (Chapter VI)
The Act provides for the organisation of Lok Adalats to settle:
• Pending court cases.
• Pre-litigation disputes.
Features of Lok Adalats:
• Proceedings are based on compromise and conciliation.
• No court fee is payable; any fee already paid is refunded if the matter is settled.
• The award is deemed to be a decree of a civil court.
• The award is final and binding on the parties, and ordinarily no appeal lies against it.

Legislative History:

The Legal Services Authorities Act, 1987

Act Title - The Legal Services Authorities Act, 1987

Act Number/Year - 39 of 1987

Act ID (India Code) - 198739

Presidential Assent Date - October 11, 1987

Enforcement Date - November 9, 1995

Nodal Ministry - Ministry of Law and Justice

Precedent & Historical Rationale

Constitutional Mandate and Access to Justice:

Article 39A of the Constitution of India (inserted by the 42nd Amendment Act, 1976) directs the State to secure that the operation of the legal system promotes justice on a basis of equal opportunity, and to ensure, by suitable legislation or schemes, that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. Prior to 1987, free legal aid programs existed largely as voluntary, fragmented state-level schemes or advisory committees without a uniform statutory backbone or guaranteed financial backing.

Institutionalizing Lok Adalats and Legal Aid:

To fulfill this constitutional promise, reduce mounting pendency in regular courts, and provide an economical, accessible forum for marginalized and weaker sections of society, Parliament enacted the Legal Services Authorities Act. The statute established a nationwide network of statutory bodies—from the National Legal Services Authority (NALSA) down to State, District, and Taluk Legal Services Authorities—and formalized Lok Adalats (People's Courts) as a recognized alternative dispute resolution mechanism with statutory binding force.

Parliamentary Trajectory & Enactment

Formulation:

Drafted by the Ministry of Law and Justice to constitute legal services authorities for providing free and competent legal services to weaker sections of the society and to organize Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity.

Parliamentary Passage:

Introduced, debated, and passed by both Houses of Parliament (Lok Sabha and Rajya Sabha) during the autumn session of 1987, receiving Presidential assent in October 1987.

Presidential Assent:

Received Presidential Assent on October 11, 1987.

Enforcement: Enforced on November 9, 1995.

Source: Official Records of Parliament, India Code, and Department of Legal Affairs, Ministry of Law and Justice.