The Legal Services Authorities Act, 1987, ensures free and competent legal services to weaker sections of society. It aims to provide equal access to justice for all. The Act establishes a nationwide framework of legal services authorities to implement its provisions effectively.
This Act is applicable throughout India. The Central Government enforces it through a notification. Different provisions may come into force on different dates. These dates can vary from state to state.
Definitions Under Section 2 of the Act
The term “case” includes any suit or proceeding before a court. The “Central Authority” refers to the National Legal Services Authority, constituted under Section 3 of the Act. A “court” includes civil, criminal, or revenue courts. It also includes tribunals or any authority exercising judicial or quasi-judicial powers.
The “District Authority” means the District Legal Services Authority formed under Section 9. The “High Court Legal Services Committee” is set up under Section 8A to handle legal services at the High Court level.
“Legal service” means any assistance in the conduct of a case or legal proceeding. It also includes giving legal advice. “Lok Adalat” refers to the dispute resolution forums organized under Chapter VI of the Act.
A “notification” is a formal notice published in the Official Gazette. The term “prescribed” refers to anything set by the rules made under this Act. “Regulations” mean the rules framed under this law to guide its implementation.
A “scheme” is any plan created by the Central, State, or District Authority to enforce the Act. The “State Authority” means the State Legal Services Authority under Section 6. “State Government” also includes Union Territory administrators appointed by the President under Article 239 of the Constitution.
The “Supreme Court Legal Services Committee” is established under Section 3A for the apex court. The “Taluk Legal Services Committee” is formed under Section 11A to provide legal services at the taluk level.
State of Punjab v. Jalour Singh (2008)
This landmark case involved the scope and nature of Lok Adalats under the Act. The Supreme Court clarified the status of awards passed by Lok Adalats and discussed the legal framework under Section 2(e) (definition of Lok Adalat)
- A Lok Adalat under Section 2(e) is not a regular court.
- It has no jurisdiction to adjudicate disputes on merits.
- Its role is to facilitate a compromise between parties.
The Court further emphasized that once a compromise is reached, the Lok Adalat passes an award equivalent to a decree of a civil court, but only if both parties agree.
The judgment reinforced that Lok Adalats, as defined under Section 2(e), function primarily as conciliation forums and not as adjudicatory bodies. This clarified doubts about whether Lok Adalats could decide matters even without mutual agreement.
Conclusion
Section 2 of the Legal Services Authorities Act, 1987 plays a critical role in understanding the structure and purpose of legal aid mechanisms in India. Supreme Court judgments have clarified that Lok Adalats function as conciliatory bodies and that legal services must be interpreted broadly to fulfill constitutional mandates. These rulings ensure that justice remains accessible and inclusive.
