District, State and National Legal Service Authorities In India

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The Legal Services Authorities Act 1987 provides for the setting up of statutory legal services authorities. They are set at the National, State, and District levels. These authorities give free legal aid to a person if he/she is not capable of bearing the expenditure. These all authorities have mainly been established so as to provide effective monitoring of legal aid programmes. It also provides the composition of such authorities.

Table of Contents

DISTRICT LEGAL SERVICE AUTHORITY

Section 9 and Section 10 of the Legal Services Authority Act, 1987 deals with Composition and functions of District Authority. District Authority means a District Legal Services Authority constituted under Section 9 of the said Act. Composition and Functions of District Legal Services Authority are as Follows:

COMPOSITION:

The State Government shall in consultation with the Chief Justice of the High Court, constitute a body to be called the District Legal Services Authority for every District in the State. These authorities have been made to exercise the powers and perform the functions which are conferred or assigned to the District Authority under this Act.

District authority shall consist of the following persons-

The district judge who shall be its chairman; and
Such number of other members, possessing such experience and qualifications as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the High Court.

TENURE:

The tenure of office and other conditions relating to the Members and Secretary of the District Authority as may be determined by regulations made by the State Authority in consultation with the Chief Justice of the High Court.

All orders and decisions of the District Authority shall be substantial by the Secretary or by any other officer of the District Authority which is duly authorised by the Chairman of that Authority.

FUNCTIONS:

The district authority may perform the following functions-

co-ordinate the activities of the Taluk Legal Services Committee and other legal services in the District;
Organise Lok Adalat within the Districts; and
Perform such other functions as the State Authority may fix by regulations.

STATE LEGAL SERVICE AUTHORITY

Section 3 of the Legal Services Act 1987 Provides that the Central Government shall constitute a Central Authority called the National Legal Services Authority. Further Section 6 of the Act provides a constitution of State Legal Services Authority.

COMPOSITION:

every state should consist of the state body and exercise all those powers and functions which are conferred on or assigned to a state authority under the prescribed act
a state authority should consist of –

The Chief Justice of the High Court who shall be the Patron-in-Chief; a serving or retired Judge of the High Court, to be nominated by the Governor, in consultation with the Chief Justice of the High Court, who shall be the Executive Chairman; and such number of other Members, possessing such experience and qualifications
The State Government shall, in consultation with the Chief Justice of the High Court, appoint a person belonging to the State Higher Judicial Service not lower in rank than that of a District Judge, as the Member-Secretary of the State Authority, to exercise such powers and perform such duties under the Executive Chairman of the State Authority as may be prescribed by that Government or as may be assigned to him by the executive chairman of that authority

TENURE:

The terms of office and other conditions relating thereto, of Members and the Member-Secretary of the State Authority shall be such as may be prescribed by the State Government in consultation with the Chief Justice of the High Court.

FUNCTIONS:

Section 7 of the said Act, deals with Functions of The State Authority.

To conduct Lok Adalat at various levels
To settle all the disputes by the way of negotiation, arbitration and conciliation
To bring into effect the policies and the directions of the central authority
To also carry out the legal literacy campaign programme throughout the union territories
To publicize legal aid so that the needy people can ask for the help whenever they need it
To provide the legal service that satisfies the criteria of legal services authorities act, 1987.

NATIONAL LEGAL SERVICE AUTHORITY

Legal service authority act, 1987 provides that the central government shall constitute a body called the national legal service authority under section 3 of the act. It exercises the powers and performs the functions conferred on, or assigned to the central authority under this authority.

COMPOSITION:

The composition is mainly mentioned under sub-section 2 of section 3 provides that the central government shall consist of the following-

The chief justice of India who shall be the patron-in-chief;
a serving or retired Judge of the Supreme Court to be nominated by the President, in consultation with the Chief Justice of India, who shall be the Executive Chairman; and
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

QUALIFICATION FOR MEMBERS:

According to Sub-section 3 of Section 3 of the Act, 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

Rule 5 provides that for a person to be a Member- Secretary of the Central Authority, he must be-

An officer of Indian legal service who has held a post, not below the rank of additional secretary to the government of India
A member of the state higher judicial service who has held the post of the district judge at least 3 years,
An officer of order organised central services who has held a post of joint secretary to the joint secretary to the government of India for a minimum period of 5 years.

TERMS OF OFFICE AND OTHER CONDITIONS

According to Section 3 (4) of the Legal Services Authorities Act, 1987, the terms of office and other conditions related to the Members and 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

(b) a serving or retired Judge of the Supreme Court to be nominated by the President, in consultation with the Chief Justice of India, who shall be the Executive Chairman; and

(c) 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.

QUALIFICATION FOR MEMBERS:

A Person shall not be qualified for nomination as a Member of the Central Authority unless he is –

An eminent person in the field of Law; or
A person of repute who is especially interested in the implementation of the Legal Services Schemes; or an eminent social worker who is engaged in the upliftment of the weaker sections of the people, including Scheduled Castes, Scheduled Tribes, Women, Children, rural and urban labour.

Rule 5 provides that for a person to be a Member- Secretary of the Central Authority, he must be:-

1) an officer of Indian legal service who has held a post, not below the rank of Additional Secretary to the Government of India.

2) a Member of the State Higher Judicial Service who has held the post of the District Judge at least 3 years, or

3) an officer of order organised Central Services who has held a post of Joint Secretary to the Government of India equivalent to the minimum period of 3 years . or

4) an officer of the organised State Services who has held a post equivalent to the Joint Secretary to the Government of India for a minimum period of 5 years.

Preference shall be given to the person possessing administrative, and legal experience.

TERMS OF OFFICE AND OTHER CONDITIONS