The
National Legal Services Authority (NALSA) has been constituted under the Legal
Services Authorities Act, 1987 to provide free Legal Services to the weaker
sections of the society and to organize Lok Adalats for amicable settlement of
disputes. Actually, Article 39A of the Constitution of India provides for free
legal aid to the poor and weaker sections of the society and ensures justice
for all. Articles 14 and 22(1) of the
Constitution also make it obligatory for the State to ensure equality before
law and a legal system which promotes justice on the basis of equal opportunity
to all. In 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.
In
every State, State Legal Services Authority has been constituted to give effect
to the policies and directions of the NALSA and to give free legal services to
the people and conduct Lok Adalats in the State. The State Legal Services Authority is headed
by Hon’ble the Chief Justice of the respective High Court who is the
Patron-in-Chief of the State Legal Services Authority.
In
every District, District Legal Services Authority has been constituted to
implement Legal Services Programmes in the District. The District Legal
Services Authority is situated in the District Courts Complex in every District
and chaired by the District Judge of the respective district.
Primarily,
the State Legal Services Authorities, District Legal Services Authorities,
Taluk Legal Services Committees, etc. have been asked to discharge the
following main functions on regular basis:
• To
Provide Free and Competent Legal Services to the eligible persons;
• To
organize Lok Adalats for amicable settlement of disputes; and
• To
organize legal awareness camps in the rural areas.
THE
NATIONAL LEGAL SERVICES AUTHORITY
• Constitution
of the National Legal Services Authority
• The
Central Government shall constitute a body to be called the National Legal
Services Authority to exercise the powers and perform the functions conferred
on, or assigned to the Central Authority under this Act.
•The
Central Authority shall consist of –
1. The
Chief Justice of India who shall be the Patron-in-Chief;A serving or retired
Judge of the Supreme
2. Court
to be nominated by the President, in consultation with the Chief Justice of
India, who shall be the Executive Chairman; and
3. Such
number of other members, possessing such experience and qualifications, as may
be prescribed by the Central Government, to be nominated by that government in
consultation with the Chief Justice of India.
• The
Central Government shall in consultation with the Chief Justice of India,
appoint a person to be the Member-Secretary of the Central Authority,
possessing such experience and qualifications as may be prescribed by that
Government, to exercise such powers and perform such duties under the Executive
Chairman of the Central Authority as may be prescribed by that Government or as
may be assigned to him by the Executive Chairman of that Authority.
•
The terms of office and other conditions relating thereto, of Members and the
Member-Secretary of the Central Authority shall be such as may be prescribed by
the Central Government in consultation with the Chief Justice of India.
• The
Central Authority may appoint such number of officers and other employees as
may be prescribed by the Central Government in consultation with the Chief
Justice of India, for the efficient discharge of its functions under this Act.
• The
officers and other employees of the Central Authority shall be entitled to such
salary and allowances and shall be subject to such other conditions of service
as may be prescribed by the Central Government in consultation with the Chief
Justice of India.
• The
administrative expenses of the Central Authority, including the salaries,
allowances and pensions payable to the Member-Secretary, officers and other
employees of the Central Authority, shall be defrayed out of the Consolidated
Fund of India.
• All
orders and decisions of the Central Authority shall be authenticated by the
Member Secretary or any other officer of the Central Authority duly authorised
by the Executive Chairman of that Authority.
• No
act or proceeding of the Central Authority shall be invalid merely on the
ground of the existence of any vacancy in or any defect in the constitution of
the Central Authority.
Supreme
Court Legal Services Committee.
The
Central Authority shall constitute a Committee to be called the Supreme Court
Legal Services Committee for the purpose of exercising such powers and
performing such functions as may be determined by regulations made by the
Central Authority.
The
Committee shall consist of-
• A
sitting judge of the Supreme Court who shall be the Chairman; and
• Such
number of other members possessing such experience and qualifications as may be
prescribed by the Central Government to be nominated by the
Chief Justice of India.
• The
Chief Justice of India shall appoint a person to be the Secretary to the
Committee, possessing such experience and qualifications as may be prescribed
by the Central Government.
• The
terms of office and other conditions relating thereto, of the Members and
Secretary of the Committee shall be such as may be determined by regulations
made by the Central Authority.
• The
Committee may appoint such number of officers and other employees as may be
prescribed by the Central Government, in consultation with the Chief Justice of
India, for the efficient discharge of its functions.
• The
officers and other employees of the Committee shall be entitled to such salary
and allowances and shall be subject to such other conditions of service as may
be prescribed by the Central Government in consultation with the Chief Justice
of India.
Functions
of the Central Authority.
The
Central Authority shall perform all or any of the following functions, namely:-
• Lay
down policies and principles for making legal services available under the
provisions of this Act;
• Frame
the most effective and economical schemes for the purpose of making legal
services available under the provisions of this Act;
• Utilize
the funds at its disposal and make appropriate allocations of funds to the
State Authorities and District Authorities;
• Take
necessary steps by way of social justice litigation with regard to consumer
protection, environmental protection or any other matter of special concern to
the weaker sections of the society and for this purpose, give training to
social workers in legal skills;
• Organize
legal aid camps, especially in rural areas, slums or labour colonies with the
dual purpose of educating the weaker sections of the society as to their rights
as well as encouraging the settlement of disputes through Lok Adalats;
• Encourage
the settlement of disputes by way of negotiations, arbitration and
conciliation;
• Undertake
and promote research in the field of legal services with special reference to
the need for such services among the poor;
• To
do all things necessary for the purpose of ensuring commitment to the
fundamental duties of citizens under Part IVA of the Constitution;
• Monitor
and evaluate implementation of the legal aid programmes at periodic intervals
and provide for independent evaluation of programmes and schemes implemented in
whole or in part by funds provided under this Act;
• Provide
grants-in-aid for specific schemes to various voluntary social service
institutions and the State and District Authorities, from out of the amounts
placed at its disposal for the implementation of legal services schemes under
the provisions of this Act;
• Develop,
in consultation with the Bar Council of India, programmes for clinical legal
education and promote guidance and supervise the establishment and working of
legal services clinics in universities, law colleges and other institutions;
• Take
appropriate measures for spreading legal literacy and legal awareness amongst
the people and, in particular, to educate weaker sections of the society about
the rights, benefits and privileges guaranteed by social welfare legislations
and other enactments as well as administrative programmes and measures;
• Make
special efforts to enlist the support of voluntary social welfare institutions
working at the grass-root level, particularly among the Scheduled Castes and
the Scheduled Tribes, women and rural and urban labour; and
• Coordinate
and monitor the functioning of State Authorities, District Authorities, Supreme
Court Legal Services Committee, High Court Legal Services Committees, Taluk
Legal Services Committees and voluntary social service institutions and other
legal services organisations and given general directions for the proper
implementation of the Legal Services programmes.
Central
Authroity to work in coordination with other agencies
In
the discharge of its functions under this act, the Central Authority shall,
wherever appropriate, act in coordinatin with other governmental and
non-governmental agencies, universities and others engaged in the work of
promoting the cause of legal services to the poor.
During the financial year 2011-12, the
National Legal Services Authority had a Plan of Action and Calendar for
Activities adopted by the meeting of the State Legal Services Authorities held
at Bhubaneshwar, Orrisa on 19-20 March, 2011.
The highlights of the National Plan of Action for the financial year
2011-12 are as under:
1. Ensuring
free, competent effective and comprehensive legal services.
2. Legal
services focused on women
3. Rights
of children-increasing legal services to the children
4. Strengthening
the role of para-legal volunteers (PLVs) in legal services
5. Setting
up of legal aid clinics in villages in the most economic and effective manner
6. Legal
services to workers in the unorganized sector
7. Paving
way for social justice litigation for environmental protection
8. Training
of Member-Secretaries of SLSAs and functionaries of the District Legal Services
Authorities
9. Establishment
of legal aid clinics in Universities, Law Colleges and other institutions
10. Legal
literacy amongst school and college students and setting up of legal literacy
clubs and legal awareness camps
11. Ensuring
commitment to Part IV-A of the Constitution
12. Continuing
with the special programmes for North-Eastern States
13. Use
of NALSA’s website and NALSA’s web-based monitoring system
14. Social
audit of the legal services activities
15. Judicial
academies to be a platform for legal services programmes and sensitization
NALSA
is very sure that under the kind patronage and guidance of Hon. The Chief
Justice of India and Hon. Executive Chairman, a vibrant nationwide network of
Legal Services Authorities shall be made available to the people to provide
free and competent legal services to the eligible persons. 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
State or private person.
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