Legal Services Authorities Act 1987
Source: Live Law
GS II: Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these
Overview
- News in Brief
- What are pro bono cases?
- Legal Services Authorities Act of 1987
- Bar Council of India
Why in the News?
The Bar Council of India (BCI) should make it mandatory for every lawyer to appear at least in one pro bono work in a year to enable him to secure any relief fund from All India/State Bar Council, a Parliamentary Committee.
News in Brief
- Tabling its 143rd report Review of the working of Legal Aid under the Legal Services Authorities Act, 1987” to both the Houses of Parliament, the Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice.
- In the report, it said that in each district court, high court and in Supreme Court, the advocates or bar association can involve advocates in pro bono works by rotation and the association can monitor the same.
- The Committee is also of the view that designated senior advocates in all High Courts/Supreme Court may come together to form a panel for doing pro bono works and undertake such works.
What are pro bono cases?
- Pro bono cases refer to legal cases where lawyers provide their services voluntarily and without charge to clients who cannot afford legal representation.
- Pro bono is a Latin term meaning for the public good.
- These cases typically involve individuals or organizations with limited financial means who require legal assistance but are unable to pay for it.
- Pro bono cases cover a wide range of legal issues, including civil rights, family law, housing disputes, immigration matters, criminal defence, and more.
- Many bar associations and legal organizations encourage or require their members to dedicate a certain number of hours to pro bono work each year as part of their professional responsibility.
- Overall, pro bono cases serve as an essential mechanism for advancing equal access to justice and upholding the principles of fairness and equity in the legal system.
Legal Services Authorities Act of 1987
The Legal Services Authorities Act of 1987 is a landmark legislation in India aimed at providing free legal aid to the weaker sections of society and ensuring justice for all.
Definition: An Act to constitute legal services authorities to provide free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice are not denied to any citizen because of economic or other disabilities, and to organize Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity.
Salient features
- Establishment of National Legal Services Authorities
- The Act mandates the establishment of legal services authorities at the national, state, and district levels to provide free legal services to eligible persons.
- Composition of Authorities
- These authorities are comprised of members appointed by the government, including a chairperson who is either a serving or retired judge of the High Court, and other members who are legal professionals or social workers.
- The objective of Providing Legal Aid
- The primary objective of the Act is to ensure that justice is not denied to any citizen because of economic or other disabilities.
- It aims to provide equal access to justice for all, especially the marginalized and underprivileged sections of society.
- Scope of Legal Services
- Legal aid under this Act includes representation by an advocate in legal proceedings, providing assistance in drafting legal documents, conducting cases in courts, providing legal advice, and facilitating settlement of disputes through Lok Adalats (people’s courts).
- Eligibility Criteria
- The Act specifies criteria for determining who is eligible to receive legal aid.
- It generally includes marginalized groups such as women, children, Scheduled Castes, Scheduled Tribes, victims of trafficking, persons with disabilities, and those unable to afford the services of a lawyer.
- Role of Legal Services Authorities
- These authorities are responsible for implementing various legal aid programs, organizing Lok Adalats, promoting legal awareness among the public, and monitoring the effective functioning of legal aid mechanisms.
- Funding and Resources
- The Act provides for the allocation of funds by the government for the functioning of legal services authorities and the provision of legal aid.
- It also allows for the acceptance of donations and grants from individuals, organizations, or institutions for furthering the objectives of legal aid.
- Emphasis on Alternative Dispute Resolution
- The Act promotes alternative dispute resolution mechanisms like Lok Adalats for the speedy and amicable settlement of disputes, reducing the burden on the formal court system.
Bar Council of India (BCI)
- The Bar Council of India was established by Parliament as a statutory body.
- Bar Council of India was established by the Parliament under the Advocates Act, of 1961.
- It is responsible for overseeing and advocating for the Indian legal profession.
- Statutory functions under Section 7 cover the Bar Council’s regulatory and representative mandate for the legal profession and legal education in India
- BCI duties include setting guidelines for professional behaviour and conduct, enforcing disciplinary measures within the legal community, and establishing criteria for legal education.
- Additionally, the BCI assessment endorses universities whose law degrees fulfil the requirements for individuals seeking to practice law as advocates.
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