essay on legal services authorities act 1987

Legal Services Authorities Act 1987 – An Overview

Introduction.

The colonization of India by Britishers had led to a massive transformation in our administrative, legal and economical systems. During 7 th August 1978, as a result of abrogation of the informal dispute resolution system and the implementation of the adversarial system and its complexity had compelled the court to implement an action for a proper and fair adjudication of justice.

In M.H. Hoskot vs. State of Maharashtra , Supreme Court stated that, because of the proper procedures in court and preponderance of lawyers and charging of the fee due to the technical nature of the law, a provision for free legal aid has to be incorporated into the constitution of India.

The 42 nd amendment act had incorporated article 39A (free legal aid), a provision under directive principles of state policy which will provide free and competent legal services to the weaker section of the society. It will ensure equal distribution of justice to every citizen irrespective of their economic and social situation.

Importance Of Free Legal Aid

Equal access to the law is one of the basic rights of every citizen. The main reasons that direct the necessity of free legal aid are:

1. It provides legal services to the vulnerable sections of society.

2. It enables the eradication of differences between rich and poor due to the privileges bagged by the riches.

3. It will ensure that the restrictions are put on the privileged group of the societies from taking the law into one’s hands.

Legal Services Authorities Act, 1987

The Legal Services Authorities Act 1987 was enacted by the parliament in the 38 th year of the Republic of India in 1987 but it came into force on 9 th November 1995. It was introduced as a result of a recommendation made in the 14 th report of the law commission of India. In 1960, the central government introduced a legal aid scheme but was scrapped later due to financial dearth. But in 1973, the government introduced its second phase by forming a committee under Justice V.R. Krishna Iyer for developing legal aid schemes for every state. The committee worked in a decentralised manner and formed a committee under the leadership of Justice P.N. Bhagawathi to implement the legal aid scheme. They suggested legal aid schemes for every district, state and centre.

Important Provisions Under  Legal Services Authorities Act, 1987

The main core of the Legal Services Authorities Act 1987 is the hierarchical legal service institutions in the district, state and centre, criteria for providing legal aid, Lok Adalat and free legal aid. The hierarchical legal service system in India exists at three levels. They are:

• National Legal Service Authority (NALSA) and Supreme Court Legal Services Committee (SCLSC)
• State Legal Service Authority (SLSA) and the High Court Legal Services Committee (HCLSC)
• District Legal Services Authority(DLSA)

1. National Legal Services Authority

NALSA has been constituted under Section 4 of the Legal Services Authorities Act 1987 to ensure free legal aid to every citizen in the society. It is a body constituted by the central government. NALSA is currently housed at 12/11, jam Nagar house, New Delhi-110011. The chief justice of India serves as the patron–in–chief.  A serving or retired judge of the supreme court of India serves as executive chairman. They are nominated by the president in consultation with the chief justice of India. The central authority constitutes to form a committee called the Supreme Court legal services committee.  NALSA ensures that justice is equally distributed among the citizens and justice isn’t denied based on economic or other factors. The major functions of NALSA are:

1. It organises legal aid camps by giving more focus on slums, rural areas and labour colonies. It helps in providing education to the people living in such areas regarding their rights and necessities. They also set up Lok Adalat to settle disputes.

2. It focuses on establishing legal service clinics in law colleges, universities etc.

3. They settle disputes via arbitration, negotiation and conciliation.

4. They provide grant aid to social service institutions that work at the grassroots level for the welfare of socially marginalised communities.

5. It also promotes research activities for improving legal services for the poor.

6. It ensures commitment to the fundamental duties of the citizens .

7. For ensuring that the schemes and programmes are implemented properly they tend to monitor and evaluate the action taken for the legal aid problems at specific periodical intervals.

8. They laid down policies and schemes for making the legal services available.

9. It frames the most effective and economical schemes for making legal services available.

10. It handles financial matters and allocates funds to respective state and district legal services authorities.

2. State Legal Services Authority

Every state has a state legal service authority to provide legal services to people who have no access to the same.  It comes under section 6 of the Legal Services Authorities Act 1987. It undertakes preventive and strategic legal aid programmes. They also conduct Lok Adalat to resolve their problems. Their main task is to work according to the direction of NALSA regarding the implementation of policies and schemes. The chief justices of the high court serve as patron-in-chief. A retired or serving judge of the high court serves as its executive chairman. the committee formed by the state authority is called as high court legal service committee. It consists of a chairman (sitting high court judge) and a secretary nominated by the chief justice of the high court.

3. District Legal Service Authority

It comes under Section 9 of the Legal Services Authorities Act 1987. It ensures that the legal aid programmes are implemented in every district effectively. They conduct Lok Adalat at the district level. The district judge serves as its ex-officio chairman. It coordinates the activities at the taluk legal service committee.

4. Criteria For Giving Legal Services

It comes under Section 12 of the Legal Services Authorities Act 1987. The criteria for giving legal services are:

• The person should have an annual income of fewer than nine thousand rupees according to the state government and twelve thousand rupees according to the central government.
• Victims of ethnic violence, mass disaster and natural calamities.
• People are under custody especially in protective homes like juvenile homes.
• People with disabilities
• Women and children
• People belonging to scheduled caste and scheduled tribe.
• Victims of human trafficking or beggars.

5. Lok Adalat

The organisation of Lok Adalat comes under Section 19 of the Legal Services Authorities Act 1987. All central, state and district legal service authority conducts Lok Adalat. It acts as an Alternative dispute resolution system . It was under the Legal Services Authorities Act 1987 it received its statutory status. They settle cases which are pending or the cases that haven’t been brought before any court of law. It constitutes judicial officers or people under central, state and district legal service authority. After the conciliation of cases and getting consent from the parties, the award is passed by conciliators according to Section 21 of the Legal Services Authorities Act 1987.  And it is deemed as a decree of civil court.

Functioning of Lok Adalat:

• The members of Lok Adalat should deal with the parties fairly and impartially.
• The cases that are pending in the court are dealt with in Lok Adalat. If the dispute is settled in the Lok Adalat, the court fee paid in the court on the petition will be received back
• There is no need to pay a fee to the court when a dispute is filed in a Lok Adalat .

Types of cases at Lok Adalat:

• Family disputes
• Mutation of land cases
• Compoundable criminal offence
• Encroachment on forest lands
• Land acquisition disputes
• Motor accident claim
• Cases which are not sub-judice.

Types of Lok Adalat:

1. National level Lok Adalat : it is held at regular intervals throughout the country at the Supreme Court to taluk levels wherein cases are disposed of in huge numbers. It started in 2015 and is being held on a specific subject matter every month.

2. Permanent Lok Adalat : it is organised under section 22B of the Legal Services Authorities Act 1987. It provides a compulsory pre-litigation mechanism to settle disputes related to public utility services like transport, telegraph, postal etc.

3. Mobile Lok Adalat : under this system, it travels from one place to other to settle disputes. As of 30 th September 2015, more than 15.14 lakhs Lok Adalat have been conducted in the country and over 8.25 crore cases have been settled so far.

4. Mega Lok Adalat : this mechanism is held on a single day on the state level in all courts of the state.

5. Daily Lok Adalat : it is held every single day.

6. Continuous Lok Adalat : it is conducted for a particular number of days continuously.

6. Free Legal Aid

Article 39A of the constitution states that: “the state shall secure that the operation of the legal system promotes justice based on an 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 because of economic or other disabilities”. Article 14 and Article 22(1) also promotes the state to ensure equality before the law. Free legal aid strengthens the idea of the constitution to see every individual be equal and to provide necessary legal services to the poor and vulnerable group.

Provisions under free legal aid are:

• Advice on any legal matter.
• Payment of all charges in connection with legal proceedings.
• Providing a lawyer to carry out legal proceedings.
• Procurement of certified copies of legal documents.
• Preparation, printing and translation of legal documents.

As we all know that our Indian constitution put forward the idea of equality. The essence of democracy is that every individual is equal in the eyes of law. Just like that every citizen irrespective of economic status, caste, creed, gender, sex and other social conditions have the right to receive equal access to law and equal opportunities to receive legal services. To satisfy these necessities our government had set up the Legal Services Authorities Act 1987. It also ensures the promotion of justice based on equal opportunity.

• M.H. Hoskot vs. state of Maharashtra 1978 AIR 1548,1979 SCR (1) 192
• https://nalsa.gov.in/about-us/introduction
• https://nalsa.gov.in/lok-adalat
• https://indiankanoon.org/doc/51319/
• https://nalsa.gov.in/acts-rules/the-legal-services-authorities-act-1987

This article has been written by Nourien Nizar, 1st Year B.com LL.B (Hons.) student at Government law college, Ernakulam, Kerala

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AN ANALYSIS OF LEGAL SERVICES AUTHORITY ACT 1987

2023, Analysis of legal service authority act 1987

The Legal Services Authority Act of 1987 is a significant piece of law adopted by the Indian Parliament to offer legal aid and access to justice for all, especially those who are economically disadvantaged or marginalised. The act was enacted to carry out the constitutional obligation of equal justice and legal aid for all citizens. The Act's major goal is to establish national, state, and district legal services bodies to provide free legal aid and assistance to persons who cannot afford to pay for legal services. The Act also strives to promote the rule of law, equitable access to justice, and to ensure that no person is denied justice because of their economic or social status.

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The Legal Services Authorities Act 1987 was enacted to create legal services agencies to provide free and competent legal services to vulnerable segments of society. This ensures that citizens are not denied the chance to get justice because of their economic or other impediments. Organize to ensure that the functioning of the legal system promotes justice based on equal opportunity in accordance of article 39 this act was passed and went in force on November 9th 1995.

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'Access to Justice' is a basic human right, yet it is a distant dream for the poor and deprived section of the country. Free legal aid is an initiative to provide protection of law to the weak, poor and illiterate and ensure them equal justice. Legal aid is meant for those people who cannot bear the expenses of lawyers' fees and expenses (Singh R. , 2017). The concept of legal aid coincides with the Preamble of the constitution of India that secures to all its citizens Social, Economic and political Justice (Constituent Assembly, n.d.). The importance of this concept can be gauged from the fact that 30% of Indian population is living below the poverty line. As per international poverty line, India has the largest number of people living under poverty line (PTI, 2016). Due to the poor implementation of the welfare schemes, more than 90% workforce in India falls under unorganised sector (Express News Service, 2015). There is a need to revamp the socioeconomic structure for the people, in need of justice, to be empowered. Establishment and development of effective legal aid system is required to eradicate the inequality between the poor and the rich in serving justice (Pathak). The concept of legal aid cannot be undermined when we see the holistic picture of the Indian population deprived of even the basic needs of their lives. Setting up of legal services authorities and committees at national, state and district levels with the objective to improve the quality of legal services and make justice approachable to the deprived section of the society (Multiple Action Research Group, 2012). But the lack of legal awareness among people is one of the major reasons to get people deprived of the justice. For this, not only legal fraternity, but society also needs to come forward and take the responsibility to take care of its vulnerable population (Vardhan, 2015). This paper focuses on the purpose and functioning of legal services authorities. The aim of the paper is to study the extent to which the legal services authorities are working towards providing free legal aid to the poor and promote justice on a basis of equal opportunity.

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One of the basic human rights of an individual irrespective of their age, caste, colour, nationality or any other status, is to have access to justice. All other rights lose their purpose without access to justice. An individual may have all other rights, though, if they don’t have an authority that looks after those rights and they cannot get those rights enforced at the time of need, all the rights would be useless making arbitrary violation of rights prevalent. Though said like a simple statement, the word ‘justice’ in itself is a multi-faceted term and needs to be understood from various angles. One of the basic requirements of having access to justice and getting justice in times of need is that the citizens of the State must be legally aware. Also, ‘access to justice’ means that a person must have access to the means to plead justice. First of all, individuals need to completely know and understand their rights and duties. Furthermore, they must be able to present themselves i...

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Law is very important in the society. It is necessary for making society to be peaceful and problem free. Law is man-made and created to modulate the society by introducing justice, fairness and equality which is delivered by courts, executed by governments and is applicable to every individual within their jurisdiction. The law give protection to the victims and punish the wrong-doer accordingly . Law strives to maintain peace and safety among people and provide ways to resolve their disputes and dispense justice. The administration of justice is within the purview of courts. The general notion is that courts in India are not courts of justice but courts of law because poor and indigent persons are denied access to justice. The major reason for such a denial is illiteracy and unawareness of the laws and rights. The rights and duties are outcome of law. Law touches the daily life of every Indian citizen in myriads ways of which general mass is not even aware. Illiteracy, social backwardness, topography, psychological distancing and mental incapacity act as real barriers to the common people for getting access to the seats of justice. The result is that these people become silent sufferers even while they face abject denial of justice.

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The Legal Services Authorities Act, 1987 An Analysis

• A member of a Scheduled Caste or Scheduled Tribe.
• A victim of trafficking in human beings or begar as referred to in Artical 23 of the Constitution.
• A woman or a child.
• A mentally ill or otherwise disabled person.
• A person under circumstances of underserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster.
• An industrial workman.
• In custody, including custody in a protective home within the meaning of clause (g) of Section 2 of the Immoral Traffic (Prevention) Act, 1956, or in a juvenile home within the meaning of clause.
• Of Section 2 of the Juvenile Justice Act, 1986, or in a psychiatric hospital/nursing home within the meaning of Section 2(g) of the Mental Health Act, 1987.
• In receipt of annual income less than rupees nine thousand or such other higher amount as may be prescribed by the State Govt, if the case is before a court other than the Supreme Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the Central Govt., if the case is before the Supreme Court (Rules have already been amended to enhance this income ceiling).

Schemes and Measures by NALSA

• Establishing Permanent and Continuous Lok Adalats in ail the Districts in the country for disposal of pending matters as well as disputes at pre-litigative stage.
• Establishing separate Permanent and Continuous Lok Adalats for Govt Departments, Statutory Authorities and Public Sector Undertakings for disposal of pending cases as well as disputes at pre-litigative stage.
• Accreditation of NGOs for Legal Literacy and Legal Awareness campaign.
• Appointment of �Legal Aid Counsel� in all the Courts of Magistrates in the country.
• Disposal of cases through Lok Adalats on old pattern.
• Publicity to Legal Aid Schemes and programmes to make people aware about legal aid facilities.
• Emphasis on competent and quality legal services to the aided persons.
• Legal aid facilities in jails.
• Setting up of Counselling and Conciliation Centers in all the Districts in the country
• Sensitisation of Judicial Officers in regard to Legal Services Schemes and programmes.
• Publication of the Nyaya Deep, the official newsletter of NALSA.
• Enhancement of Income Ceiling to Rupee Fifty thousand per annum for legal aid before Supreme Court of India and to Rupee Twenty Five thousand per annum for legal aid up to High Courts.
• Steps for framing rules for refund of court fees and execution of awards passed by Lok Adalats.

Improving Legal Aid Quality

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International Journal of Legal Science & Innovation

[issn 2581 – 9453].

The Scope of the Legal Services Authority Act, 1987 with Reference to Lok Adalat and Permanent Lok Adalat

• Avijit Singh and Saksham Khunger
• Show Author Details

Avijit Singh

Student at Symbiosis Law School, Pune, India

Saksham Khunger

Student at Army Institute of Law, Mohali, India

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To account for Legal Services Authorities, a Legal Services Authorities Act was framed so that poor and weaker sections of the society can have free and adequate access to the legal services of the country and so that there are enough opportunities to secure justice and it can't be denied to any person who wants to seek justice due to his economic incapability and other factors. Lok Adalats are organized to ensure that People from weaker sections of the society are not denied justice, and it should be promoted on the basis of equality. The objective behind the enactment of this Act is that disputes can be amicably and speedily disposed of, and its enactment has divulged it as very effective legislation. An alternative for the ADR mechanism is Lok Adalat; it is a type of assembly where disputes pending before the courts of law or are at the pre-litigation stage are settled agreeably. Lok Adalat has been given legal status under the Legal Services Authorities Act, 1987.

• Legal Services Authorities Act
• Legislation
• Alternative Dispute Resolution

Research Paper

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International Journal of Legal Science and Innovation, Volume 4, Issue 1, Page 208 - 213

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Legal Services Authority Act (LSAA),1987

• January 7, 2024
• Indian Judiciary

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• The idea of a legal aid programme was floated in the 1950s .
• In 1980 , the Committee for Implementing Legal Aid Schemes (CILAS) was established under the chairmanship of then SC judge Justice PN Bhagwati .
• The National Legal Service Day (NLSD) was declared on November 9 , 2009 .
• As stated under the Act , the legal aid is to be provided by the State , District , and Taluk Legal Service Authorities/Commissions formed throughout the country .

Types of services under the Legal Services Authority Act

Free legal awareness.

• To make the public aware of laws and schemes issued by public authorities .
• Legal camps and aid centres are organised by authorities so that the general public can seek advice .

Free legal aid counsel

• A person who wants to defend or file a case in a court of law but does not have the means to hire an advocate can seek the assistance of a free legal aid attorney .
• Lok Adalats are the primary method by which the legal services authorities decide disputes .
• Victim Compensation
• Various ADR mechanisms are Arbitration , Conciliation , and Judicial settlement , including settlement through Lok Adalat or Mediation .

Structural Organization under LSAA

• Supreme Court : Supreme Court Legal Services Committee
• High Court : High Court Legal Services Committee
• District Level: District Legal Services Authority . The District Judge of the District is its ex-officio Chairman .
• Taluka/Sub-Division Level: Taluka/ Sub-Divisional Legal Services Committee . A senior Civil Judge heads it .

National Legal Services Authority (NALSA)

• It monitors and reviews the effectiveness of legal aid programs .
• It develops rules and principles for providing legal services under the Act .
• It also distributes funding and grants to state legal services authorities and non-profit organisations to help them execute legal aid systems and initiatives .

Composition Of NALSA

• NALSA shall consist of the CJI , who shall be the Patron-in-Chief .
• A serving or retired Judge of the SC (nominated by the President , in consultation with the CJI ) who shall be the Executive Chairman .

Who is eligible to get free legal services?

• Women and children
• Members of SC/ST
• Industrial workmen
• Victims of mass disasters , violence , floods , drought , earthquakes , and industrial disasters .
• Disabled persons
• Persons in custody
• Victims of Trafficking in Human beings or begar .
• The amount prescribed by the respective State Government , if the case is before any court other than the SC , and
• Rs . 5 Lakhs if the case is before the Supreme Court .

Other Initiatives

Legal service mobile app.

• NALSA has launched the Legal Services Mobile App on Android and iOS to enable easy access to legal aid for ordinary citizens .

DISHA Scheme

• The Department of Justice ( DoJ ) has launched comprehensive , holistic , integrated and systemic solutions for access to justice at the pan-India level .
• This will be achieved through a “Designing Innovative Solutions for Holistic Access to Justice (DISHA)” scheme .
• All the Access to Justice Programmes have been merged under the DISHA scheme and upscaled to all India levels .

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The Legal Services Authorities Act, 1987

Reflections on the Bicentennial of the U.S. Constitution

• May 06, 1987

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Introduction

Thurgood Marshall (1908–1993) had a storied career, first as an attorney whose courtroom successes earned him the nickname “Mr. Civil Rights,” next as a federal judge, and finally as the first African American to serve on the U.S. Supreme Court.

Born and raised in Baltimore, Marshall received his undergraduate education at Lincoln University in Pennsylvania. He was denied admission by the University of Maryland Law School due to his race but went on to study law at Howard University. His mentor at Howard was Charles Hamilton Houston, professor and dean of the law school, who taught an activist approach to the law. Houston left Howard in 1935 to work full time for the NAACP. Marshall himself joined the NAACP as a staff attorney in 1936, and he and Houston collaborated in a multifaceted assault on the legal edifice of racial segregation and discrimination. In the 1940s and 1950s, Marshall argued dozens of cases before the Supreme Court, winning approximately 90 percent of them. His crowning achievement was to serve as lead attorney for the plaintiffs in Brown v. Board of Education , in which he argued that the Fourteenth Amendment prohibits classifications based on race or color alone. Nominated to the Supreme Court by President Johnson in 1967, Marshall served on the high court from 1967 until he retired in 1991.

In the present selection, amid celebrations of the U.S. Constitution on the occasion of its bicentennial anniversary, Justice Marshall presents a dissenting view.

Source: available at http://thurgoodmarshall.com/the-bicentennial-speech/ . Also available as Thurgood Marshall, “The Constitution’s Bicentennial: Commemorating the Wrong Document?” 40 Vanderbilt Law Review 1337 (1987); available at: https://scholarship.law.vanderbilt.edu/vlr/vol40/iss6/3 .

The year 1987 marks the 200th anniversary of the United States Constitution. A commission has been established to coordinate the celebration. The official meetings, essay contests, and festivities have begun. . . .

Like many anniversary celebrations, the plan for 1987 takes particular events and holds them up as the source of all the very best that has followed. Patriotic feelings will surely swell, prompting proud proclamations of the wisdom, foresight, and sense of justice shared by the framers and reflected in a written document now yellowed with age. This is unfortunate—not the patriotism itself, but the tendency for the celebration to oversimplify, and overlook the many other events that have been instrumental to our achievements as a nation. The focus of this celebration invites a complacent belief that the vision of those who debated and compromised in Philadelphia yielded the “more perfect Union” it is said we now enjoy.

I cannot accept this invitation, for I do not believe that the meaning of the Constitution was forever “fixed” at the Philadelphia Convention. Nor do I find the wisdom, foresight, and sense of justice exhibited by the framers particularly profound. To the contrary, the government they devised was defective from the start, requiring several amendments, a civil war, and momentous social transformation to attain the system of constitutional government, and its respect for the individual freedoms and human rights, that we hold as fundamental today. When contemporary Americans cite “The Constitution,” they invoke a concept that is vastly different from what the framers barely began to construct two centuries ago.

For a sense of the evolving nature of the Constitution we need look no further than the first three words of the document’s preamble: “We the people.” When the Founding Fathers used this phrase in 1787, they did not have in mind the majority of America’s citizens. “We the people” included, in the words of the framers, “the whole number of free persons.” On a matter so basic as the right to vote, for example, Negro slaves were excluded, although they were counted for representational purposes—at three-fifths each. Women did not gain the right to vote for over 130 years.

These omissions were intentional. The record of the framers’ debates on the slave question is especially clear: the southern states acceded to the demands of the New England states for giving Congress broad power to regulate commerce, in exchange for the right to continue the slave trade. The economic interests of the regions coalesced: New Englanders engaged in the “carrying trade” would profit from transporting slaves from Africa as well as goods produced in America by slave labor. The perpetuation of slavery ensured the primary source of wealth in the southern states.

Despite this clear understanding of the role slavery would play in the new republic, use of the words “slaves” and “slavery” was carefully avoided in the original document. Political representation in the lower House of Congress was to be based on the population of “free Persons” in each state, plus three-fifths of all “other persons.” Moral principles against slavery, for those who had them, were compromised, with no explanation of the conflicting principles for which the American Revolutionary War had ostensibly been fought: the self-evident truths “that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness.”

It was not the first such compromise. Even these ringing phrases from the Declaration of Independence are filled with irony, for an early draft of what became that declaration assailed the king of England for suppressing legislative attempts to end the slave trade and for encouraging slave rebellions. The final draft adopted in 1776 did not contain this criticism. And so again at the Constitutional Convention eloquent objections to the institution of slavery went unheeded, and its opponents eventually consented to a document which laid a foundation for the tragic events that were to follow.

Pennsylvania’s Gouverneur Morris provides an example. He opposed slavery and the counting of slaves in determining the basis for representation in Congress. At the Convention he objected that

the inhabitant of Georgia [or] South Carolina who goes to the coast of Africa, and in defiance of the most sacred laws of humanity tears away his fellow creatures from their dearest connections and damns them to the most cruel bondages, shall have more votes in a government instituted for protection of the rights of mankind, than the citizen of Pennsylvania or New Jersey who views with a laudable horror, so nefarious a practice. -Gouverneur Morris

And yet Gouverneur Morris eventually accepted the three-fifths accommodation. In fact, he wrote the final draft of the Constitution, the very document the bicentennial will commemorate.

As a result of compromise, the right of the southern states to continue importing slaves was extended, officially, at least until 1808. We know that it actually lasted a good deal longer, as the framers possessed no monopoly on the ability to trade moral principles for self-interest. But they nevertheless set an unfortunate example. Slaves could be imported, if the commercial interests of the North were protected. To make the compromise even more palatable, customs duties would never be imposed at up to ten dollars per slave as a means of raising public revenues.

No doubt it will be said, when the unpleasant truth of the history of slavery in America is mentioned during this bicentennial year, that the Constitution was a product of its times, and embodied a compromise which, under other circumstances, would not have been made. But the effects of the framers’ compromise have remained for generations. They arose from the contradiction between guaranteeing liberty and justice to all, and denying both to Negroes.

The original intent of the phrase, “We the people,” was far too clear for any ameliorating construction. Writing for the Supreme Court in 1857, Chief Justice Taney penned the following passage in the Dred Scott case, on the issue of whether, in the eyes of the framers, slaves were “constituent members of the sovereignty,” and were to be included among “we the people”:

We think they are not, and that they are not included, and were not intended to be included. . . . They had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race . . . ; and so far inferior, that they had no rights which the white man was bound to respect; and that the Negro might justly and lawfully be reduced to slavery for his benefit. . . . . . .Accordingly, a Negro of the African race was regarded . . . as an article of property, and held, and bought and sold as such. . . . No one seems to have doubted the correctness of the prevailing opinion of the time. Chief Justice Robert Taney

And so, nearly seven decades after the Constitutional Convention, the Supreme Court reaffirmed the prevailing opinion of the framers regarding the rights of Negroes in America. It took a bloody civil war before the Thirteenth Amendment could be adopted to abolish slavery, though not the consequences slavery would have for future Americans.

While the Union survived the civil war, the Constitution did not. In its place arose a new, more promising basis for justice and equality, the Fourteenth Amendment, ensuring protection of the life, liberty, and property of all persons against deprivations without due process, and guaranteeing equal protection of the laws. And yet almost another century would pass before any significant recognition was obtained of the rights of black Americans to share equally even in such basic opportunities as education, housing, and employment, and to have their votes counted, and counted equally. In the meantime, blacks joined America’s military to fight its wars and invested untold hours working in its factories and on its farms, contributing to the development of this country’s magnificent wealth and waiting to share in its prosperity.

What is striking is the role legal principles have played throughout America’s history in determining the condition of Negroes. They were enslaved by law, emancipated by law, disenfranchised, and segregated by law; and, finally, they have begun to win equality by law. Along the way, new constitutional principles have emerged to meet the challenges of a changing society. The progress has been dramatic, and it will continue.

The men who gathered in Philadelphia in 1787 could not have envisioned these changes. They could not have imagined, nor would they have accepted, that the document they were drafting would one day be construed by a Supreme Court to which had been appointed a woman and the descendant of an African slave. “We the people” no longer enslave, but the credit does not belong to the framers. It belongs to those who refused to acquiesce in outdated notions of “liberty,” “justice,” and “equality,” and who strived to better them.

And so we must be careful, when focusing on the events which took place in Philadelphia two centuries ago, that we not overlook the momentous events which followed, and thereby lose our proper sense of perspective. Otherwise, the odds are that for many Americans the bicentennial celebration will be little more than a blind pilgrimage to the shrine of the original document now stored in a vault in the National Archives. If we seek, instead, a sensitive understanding of the Constitution’s inherent defects, and its promising evolution through two hundred years of history, the celebration of the “Miracle of Philadelphia” will, in my view, be a far more meaningful and humbling experience. We will see that the true miracle was not the birth of the Constitution, but its life, a life nurtured through two turbulent centuries of our own making, and a life embodying much good fortune that was not.

Thus, in this bicentennial year, we may not all participate in the festivities with flag-waving fervor. Some may more quietly commemorate the suffering, struggle, and sacrifice that has triumphed over much of what was wrong with the original document, and observe the anniversary with hopes not realized and promises not fulfilled. I plan to celebrate the bicentennial of the Constitution as a living document, including the Bill of Rights and the other amendments protecting individual freedoms and human rights.

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The Legal Services Authorities Act 1987 - Overview

The legal services authorities act 1987, was enacted to give a statutory base to legal aid programmes throughout the country on a uniform pattern. the act was brought into force with effect from ninth september one thousand nine hundred ninety-five, almost eight years after its enactment, after certain amendments were introduced therein by the amendment act of 1994.… read more ».

The Legal Services Authorities Act 1987, was enacted to give a statutory base to legal aid programmes throughout the country on a uniform pattern. The Act was brought into force with effect from Ninth September one thousand nine hundred ninety-five, almost eight years after its enactment, after certain amendments were introduced therein by the Amendment Act of 1994. Hon. Mr. Justice R.N. Mishra (the then Chief Justice of India) played a key role in the enforcement of the Act. National...

The Legal Services Authorities Act 1987, was enacted to give a statutory base to legal aid programmes throughout the country on a uniform pattern. The Act was brought into force with effect from Ninth September one thousand nine hundred ninety-five, almost eight years after its enactment, after certain amendments were introduced therein by the Amendment Act of 1994. Hon. Mr. Justice R.N. Mishra (the then Chief Justice of India) played a key role in the enforcement of the Act.

National Legal Services Authority (NALSA) was constituted on 5th December 1995. His Lordship Hon. Dr. Justice A.S. Anand, Judge, Supreme Court of India took over as the Executive Chairman of it on 17th July 1997. By February 1998, the office of the National Legal Services Authority became properly functional for the first time. In October 1998, his Lordship A.S. Anand then assumed the Office of the Chief Justice of India and thus became the Patron-in-Chief of National Legal Services Authority. His Lordship Hon. Mr. Justice S.R Bharucha, the senior-most Judge of the Supreme Court of India assumed the office of the Executive Chairman, NALSA.

A nationwide network has been envisaged under the Act for providing legal aid and assistance. National Legal Services Authority (NALSA) is the apex body constituted to lay down policies and principles for making legal services available under the provisions of the Act and to frame the most effective and economical schemes for legal services. It also disburses funds and grants to State Legal Services Authorities and NGOs for implementing legal aid schemes and programmes.

In every State, a State Legal Services Authority is constituted to give effect to the policies and directions of the Central Authority (NALSA) and to give legal services to the people. State Legal Services Authority is headed by the Chief Justice of the State High Court who is its Patron-in-Chief A serving or retired Judge of the High Court is nominated as its Executive Chairman. District Legal Services Authority is constituted in every District to implement Legal Aid Programmes and Schemes in the District.

The District Judge of the District is its ex-officio Chairman Taluk Legal Services Committees are also constituted for each of the Taluk or Mandal or for a group of Taluk or Mandate to coordinate the activities of legal services in the Taluk and to organize Lok Adalats. Every Taluk Legal Services Committee is headed by a senior Civil Judge operating within the jurisdiction of the Committee who is its ex-officio Chairman.

Criteria for Legal Service/Aid

Section 12 of the Legal Services Authorities Act, 1987, prescribes the criteria for giving legal services to eligible persons. Section 12 of the Act reads as under, –

“12. Every person who has to file or defend a case shall be entitled to legal services under this Act if that person is-

• a member of a Scheduled Caste or Scheduled Tribe,
• a victim of trafficking in human beings or begar as referred to in Article 23 of the Constitution,
• a woman or a child,
• a mentally ill or otherwise disabled person,
• a person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster,
• an industrial workman,
• in custody, including custody in a protective home within the meaning of clause (g) of Section 2 of the Immoral Traffic (Prevention) Act, 1956, or in a juvenile home within the meaning of clause (j) of Section 2 of the Juvenile Justice Act, 1986, or in a psychiatric hospital/nursing home within the meaning of Section 2(g) of the Mental Health Act, 1987, or
• in receipt of annual income less than rupees nine thousand or such other higher amount as may be prescribed by the State Govt, if the case is before a court other than the Supreme Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the Central Govt., if the case is before the Supreme Court’ (Rules have already been amended to enhance this income ceiling).

According to Section 2(1 )(a) of the Act, legal aid can be provided to a person for a ‘case’ which includes a suit or any proceeding before a court. Sec, 2(1) (aaa) defines the ‘court’ as a civil, criminal or revenue court and includes any tribunal or any other authority constituted under any law for the time being in force, to exercise judicial or quasi-judicial functions. As per Section 2(1)(c), ‘legal service’ includes the rendering of any service in the conduct of any case or other legal proceeding before any court/other authority/tribunal and the giving of advice on any legal matter.

Legal Services Authorities after examining the eligibility criteria of an applicant and the existence of a prime facia case in his favour provide him, counsel, at State expense, pay the required Court Fee in the matter and bear all incidental expenses in connection with the case. The person to whom legal aid is provided is not called upon to spend anything on the litigation once it is supported by a Legal Services Authority.

Schemes and Measures by NALSA

The following scheme and measures have been envisaged and implemented by the Central Authority- NALSA,-

• Establishing Permanent and Continuous Lok Adalats in all the Districts in the country for disposal of pending matters as well as disputes at pre-litigation stage,
• Establishing separate Permanent and Continuous Lok Adalats for Govt Departments, Statutory Authorities and Public Sector Undertakings for disposal of pending cases as well as disputes at pre-litigation stage,
• Accreditation of NGOs for Legal Literacy and Legal Awareness campaign,
• Appointment of “Legal Aid Counsel” in all the Courts of Magistrates in the country,
• Disposal of cases through Lok Adaiats on old pattern,
• Publicity to Legal Aid Schemes and programmes to make people aware about legal aid facilities,
• Emphasis on competent and quality legal services to the aided persons,
• Legal aid facilities in jails,
• Setting up of Counselling and Conciliation Centers in all the Districts in the country,
• Sensitisation of Judicial Officers in regard to Legal Services Schemes and programmes,
• Publication of the Nyaya Deep”, the official newsletter of NALSA,
• Enhancement of Income Ceiling to Rupee Fifty thousand per annum. for legal aid before Supreme Court of India and to Rupee Twenty Five thousand per annum for legal aid up to High Courts, and
• Steps for framing rules for refund of court fees and execution of awards passed by Lok Adalats.

In pursuance of the call given by His Lordship Hon. Dr. Justice A.S. Anand, Ninth of November is being celebrated every year by all Legal Services Authorities as “ Legal Services Day” . NALSA has been providing and shall continue to provide funds to State Legal Services Authorities for the implementation of the Legal Aid Schemes and Programmes but the infrastructure has to be provided by the State Governments. NALSA has also called upon State Legal Services Authorities to set up ‘legal aid cells’ in jails so that the prisoners lodged therein are provided prompt and efficient legal aid.

“Legal Aid Counsel” Scheme which was conceived and introduced by His Lordship A.S. Anand has been well received all over the country. Legal Aid Counsels have been provided in most of the courts of the Magistrates in the country to provide immediate legal assistance to those prisoners who are not in a position to engage their own counsel.

Hon. Mr. Justice S.R Bharucha had emphasized that ‘Counselling and Conciliation Centers’ should be established in all the Districts in the country to bring about negotiated settlement of disputes between the parties. All the State Legal Services Authorities are taking steps to establish these Centers which would prove immensely useful for settling legal disputes at the pre-litigation stage and would also help legal services functionaries to find out as to whether a person approaching them for legal aid has or not a prima facie case in his favour which is a pre-requisite for grant of legal aid.

NALSA is keen to develop and promote a culture of conciliation instead of litigation in the country so that the citizens of this country prefer to resolve their disputes and differences across the table in a spirit of goodwill and brotherhood. NALSA also wishes to ensure that even the weakest amongst the weak in the country does not suffer injustice arising out of any abrasive action on the part of the State or a private person.

Improving Legal Aid Quality – Role of Lawyers and Judges

Honourable Mr. Justice S.R Bharucha emphasised the need for improving the quality of legal aid that is being given by legal aid advocates. His Lordship observed that teeming millions of this country who live below the poverty line looks towards Legal Services Authorities for help and support in resolving their legal problems. These poor and weaker sections must not remain under the impression that they are getting comparatively inferior legal assistance. His Lordship has called upon legal services authorities to revise the payment schedule for legal aid panel advocates and also compress the panels so that panel advocates get more work and better remuneration from legal services authorities and thus get encouraged to render effective legal assistance to aided persons.

The plight of poor litigants approaching Lok Adalats through the bastion of legal aid is quite deplorable. Lamenting on the poor quality of legal service extended under the rubric of legal aid the Supreme Court held that the “right to defend includes right to effective and meaningful defence.” To ensure quality legal assistance the Court directed the State to fix better remuneration for lawyers.

The apex court has cautioned that legal aid must not be reduced to “patronizing gestures to raw entrants to the Bar,” but the practice of extending legal assistance through such inexperienced lawyers is continuing resulting in unequal and ineffective presentation or defence. Whereas “to have the assistance of a counsel” is to be construed as the “effective” assistance of counsel performing within a minimum standard of competency. Therefore, legal aid through a raw talent amounts to the denial of legal aid and hits the equality clause of Article 14 of our Constitution.40

Sensitization of Judicial Officers in regard to legal aid schemes and programmes is also important. Legal Services Authorities must ensure that judicial officers are duly sensitized about the work NALSA is doing and its importance for the poor and illiterate. Once all the judicial officers in the country get property sensitized in regard to the relevance and importance of legal aid schemes they shall themselves start caring for the poor, backward and weaker sections of the society who are not in a position to engage their own counsel and look after their legal causes.

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MCQs on Legal Services Authorities Act 1987

In this article, we are providing you MCQs on The Legal Services Authorities Act, 1987 which will help you to understand The Legal Services Authorities Act, 1987MCQ pdf with Answers multiple choice questions

MCQs on The Legal Services Authorities Act, 1987

1) When did The Legal Services Authorities Act, 1987, come into force?

A) 01 April 1996 B) 01 March 1987 C) 01 May 1987 D) 09 November, 1995

Answer –D) 09 November, 1995

2) Which section of The Legal Services Authorities Act, 1987 deals with the Constitution of the National Legal Services Authority?

A. Section 2 of The Legal Services Authorities Act, 1987 B. Section 3 of The Legal Services Authorities Act, 1987 C. Section 4 of The Legal Services Authorities Act, 1987 D. Section 12 of The Legal Services Authorities Act, 1987

Answer B. Section 3 of The Legal Services Authorities Act, 1987

• Which section of The Legal Services Authorities Act, 1987 deals with the State Legal Aid Fund?

A. Section 16 of The Legal Services Authorities Act, 1987 B. Section 14 of The Legal Services Authorities Act, 1987 C. Section 13 of The Legal Services Authorities Act, 1987 D. Section 18 of The Legal Services Authorities Act, 1987

Answer – A. Section 16 of The Legal Services Authorities Act, 1987

• Section 25 of The Legal Services Authorities Act, 1987 deals with_______?

A. Procedure of Permanent Lok Adalat B. Act to have overriding effect C.Laying of rules and regulations D. Protection of action taken in good faith

Ans- B. Act to have overriding effect

5.Powers of Lok Adalat or Permanent Lok Adalat, is provided in section____ of The Legal Services Authorities Act, 1987

A. Section 24 of The Legal Services Authorities Act, 1987 B. Section 22 of The Legal Services Authorities Act, 1987 C. Section 21 of The Legal Services Authorities Act, 1987 D. Section 23 of The Legal Services Authorities Act, 1987

Ans- B. Section 22 of The Legal Services Authorities Act, 1987

• Section 19 of The Legal Services Authorities Act, 1987provides _?

A.Organisation of Lok Adalats B. Establishment of Permanent Lok Adalats C. District Legal Aid Fund. D.National Legal Aid Fund Ans A.Organisation of Lok Adalats

MCQ on The Legal Services Authorities Act, 1987 with answers pdf

• Which section of The Legal Services Authorities Act, 1987 deals with Criteria for giving legal services ?

A. Section 17 of The Legal Services Authorities Act, 1987 B. Section 14 of The Legal Services Authorities Act, 1987 C. Section 12 of The Legal Services Authorities Act, 1987 D. Section 19 of The Legal Services Authorities Act, 1987 Answer – C. Section 12 of The Legal Services Authorities Act, 1987

• Section 13 of The Legal Services Authorities Act, 1987deals with_______?

A. Entitlement of legal services B. Functions of the State Authority C.Taluk Legal Services Committee. D. District Legal Services Authority Ans- A. Entitlement of legal services

9) Which section of The Legal Services Authorities Act, 1987 deals with the Constitution of State Legal Services Authority ?

A. Section 7 of The Legal Services Authorities Act, 1987 B. Section 6 of The Legal Services Authorities Act, 1987 C. Section 4 of The Legal Services Authorities Act, 1987 D. Section 5 of The Legal Services Authorities Act, 1987

Answer B. Section 6 of The Legal Services Authorities Act, 1987

10) Section 10 of The Legal Services Authorities Act, 1987 deals with_______?

A. Functions of the State Authority B.Grants by the Central Government C. Functions of the District Authority D. Award of Lok Adalat

Answer- C. Functions of the District Authority

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New laws to protect consumers from cyber criminals come into force in the UK

From today, regulations enforcing consumer protections against hacking and cyber-attacks will take effect, mandating that internet-connected smart devices meet minimum-security standards by law.

Graphic with copy states: "UK rolls out new security laws to safeguard consumers from cyber criminals"

• World-first laws protecting UK consumers and businesses from hacking and cyber-attacks take effect today   
• manufacturers of products such as phones, TVs and smart doorbells are now required to implement minimum security standards against cyber threats   
• consumers will benefit from banning of easily guessable default passwords, marking a significant leap in protecting individuals, society and the economy from cyber criminals 

Consumer protections against hacking and cyber-attacks will come into force today, as all internet connected smart devices will be required by law to meet minimum-security standards. 

Manufacturers will be legally required to protect consumers from hackers and cyber criminals from accessing devices with internet or network connectivity - from smartphones to games consoles and connected fridges - as the UK becomes the first country in the world to introduce these laws.  

Under the new regime, manufacturers will be banned from having weak, easily guessable default passwords like ‘admin’ or ‘12345’ and if there is a common password the user will be promoted to change it on start-up. This will help prevent threats like the damaging Mirai attack in 2016 which saw 300,000 smart products compromised due to weak security features and used to attack major internet platforms and services, leaving much of the US East Coast without internet. Since then, similar attacks have occurred on UK banks including Lloyds and RBS leading to disruption to customers. 

The move marks a significant step towards boosting the UK’s resilience towards cyber-crime, as recent figures show 99% of UK adults own at least one smart device and UK households own an average of nine connected devices. The new regime will also help give customers confidence in buying and using products, which will in turn help grow businesses and the economy.  

An investigation conducted by Which? showed that a home filled with smart devices could be exposed to more than 12,000 hacking attacks from across the world in a single week, with a total of 2,684 attempts to guess weak default passwords on just five devices.   

 Minister for Cyber, Viscount Camrose said:   

As every-day life becomes increasingly dependent on connected devices, the threats generated by the internet multiply and become even greater.  From today, consumers will have greater peace of mind that their smart devices are protected from cyber criminals, as we introduce world first laws that will make sure their personal privacy, data and finances are safe.    We are committed to making the UK the safest place in the world to be online and these new regulations mark a significant leap towards a more secure digital world. 

Data and Digital Infrastructure Minister, Julia Lopez, said: 

Today marks a new era where consumers can have greater confidence that their smart devices, such as phones and broadband routers, are shielded from cyber threats, and the integrity of personal privacy, data and finances better protected. Our pledge to establish the UK as the global standard for online safety takes a big step forward with these regulations, moving us closer to our goal of a digitally secure future.

OPSS Chief Executive, Graham Russell said:    

The use and ownership of consumer products that can connect to the internet or a network is growing rapidly. UK consumers should be able to trust that these products are designed and built with security in mind, protecting them from the increasing cyber threats to connectable devices.     As the UK’s product regulator, OPSS will be ensuring consumers can have that confidence by working with the industry to encourage innovation and compliance with these new laws.

NCSC Deputy Director for Economy and Society, Sarah Lyons said: 

Smart devices have become an important part of our daily lives, improving our connectivity at home and at work; however, we know this dependency also presents an opportunity for cyber criminals.   Businesses have a major role to play in protecting the public by ensuring the smart products they manufacture, import or distribute provide ongoing protection against cyber-attacks and this landmark Act will help consumers to make informed decisions about the security of products they buy.  I encourage all businesses and consumers to read the NCSC ’s point of sale leaflet , which explains how the new Product Security and Telecommunications Infrastructure ( PSTI ) regulation affects them and how smart devices can be used securely. 

With 57% of households owning a smart TV, 53% owning a voice assistant and 49% owning a smart watch or fitness wristband, this new regime reinforces the government’s commitments to addressing these threats to society and the economy head on.  

The laws are coming into force as part of the Product Security and Telecommunications Infrastructure ( PSTI ) regime, which has been designed to improve the UK’s resilience from cyber-attacks and ensure malign interference does not impact the wider UK and global economy.    

The new measures will also introduce a series of improved security protections to tackle the threat of cyber-crime:  

• Common or easily guessable passwords like ‘admin’ or ‘12345’ will be banned to prevent vulnerabilities and hacking  
• Manufacturers will have to publish contact details so bugs and issues can be reported and dealt with  
• Manufacturers and retailers will have to be open with consumers on the minimum time they can expect to receive important security updates  

Rocio Concha, Which? Director of Policy and Advocacy, said: 

Which? has been instrumental in pushing for these new laws which will give consumers using smart products vital protections against cyber criminals looking to launch hacking attacks and steal their personal information.  The OPSS must provide industry with clear guidance and be prepared to take strong enforcement action against manufacturers if they flout the law, but we also expect smart device brands to do right by their customers from day one and ensure shoppers can easily find information on how long their devices will be supported and make informed purchases.

David Rogers, CEO of Copper Horse, said:   

We started this work many years ago so that people would not have to understand lots about the security of connected product in order to be secure. Getting rid of things like default passwords that are set to ‘admin’ or ‘12345’ are fundamental basics.    Manufacturers should not be providing anyone with products like webcams that are so weak and insecure that they are trivial to hack into and takeover. This stops now and people can have greater confidence that the internet connected products that they buy have better security measures built-in to protect them.

The UK government has collaborated with industry leaders to introduce this raft of transformative protections, which also include manufacturers having to publish information on how to report security issues to increase the speed at which they can address these problems. In addition, consumers and cyber security experts can play an active role in protecting themselves and society from cyber criminals by reporting any products which don’t comply to the Office for Product Safety and Standards ( OPSS ).   

The government is beginning the legislative process for certain automotive vehicles to be exempt from the product security regulatory regime, as they will be covered by alternative legislation.   

This new regime intends to increase consumer confidence in the security of the products they buy and use, delivering on one of the government’s five priorities to grow the economy. The new laws are part of the government’s £2.6 billion National Cyber Strategy to protect and promote the UK online.

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