Legal service could be as simple as access to tech-based payments.

Context: In the recently concluded Palkhivala memorial lecture, UIDAI Chairman Nandan Nilekani emphasized on the use of technology for reducing judicial pendency, Online Dispute Resolution (ODR) and expanding legal aid and service.

About National Legal Service Authority (NALSA):

Formation:

  • National Legal Service Authority (NALSA) derives its power through The Legal Services Authority Act, 1987. 
  • The Act promotes an inclusive legal system to ensure fair and meaningful justice to the marginalized and disadvantaged sector by strengthening the system of Lok Adalat and other Alternate Dispute Resolution mechanisms. 
  • The Act constitutes legal services authorities at National and respective State level to provide free and competent legal services to the weaker sections of society.

Composition: National Legal Services Authority shall consist of

  • 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 to be nominated 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 to exercise such powers and perform such duties under the Executive Chairman of the Central Authority.

Functions: NALSA shall perform the following for the weaker sections of society. 

  • Frame effective and economical schemes for the purpose of making legal services available to them. 
  • Take necessary steps by way of social justice litigation with respect to consumer protection, environmental protection, or other matter of special concern. 
  • It lays down policies, principles, guidelines, and frames effective and economical schemes for the State Legal Services Authorities to implement the Legal Services Programmes throughout the country.
    • 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.
  • Providing free legal aid: Provides aid to the weaker sections of the society.
  • Providing free legal services: The Free Legal Services include:
    • Payment of court fee, process fees and all other charges payable or incurred in connection with any legal proceedings.
    • Providing service of lawyers in legal proceedings.
    • Obtaining and supply of certified copies of orders and other documents in legal proceedings.
    • Preparation of appeal, paper book including printing and translation of documents in legal proceedings.
  • Persons eligible for getting free legal services includes: -
    • Women and children.
    • Members of SC/ST
    • Industrial workmen
    • Victims of mass disaster, violence, flood, drought, earthquake, industrial disaster.
    • Disabled persons. vi) Persons in custody
    • Persons whose annual income does not exceed Rs. 1 lakh (in the Supreme Court Legal Services Committee the limit is Rs. 5,00,000/-).
    • Victims of Trafficking in Human beings or beggar.
  • Train the social workers in legal skills for promotion of justice. 
  • Undertake and promote research in the field of legal services with special reference to the need for such services among the poor. 
  • Take steps to ensure commitment to the fundamental duties of citizens enshrined under Part IVA of the Indian Constitution. 
  • Monitor and evaluate implementation of the legal aid programs and schemes at periodic intervals. 
  • Provide grants-in-aid for specific schemes to various voluntary social service institutions & State and District Authorities.
  • Develop, in consultation with the Bar Council of India, programs for clinical legal education and supervise the establishment and working of legal services clinics in universities, law colleges and other institutions. 
  • 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.
  • Co-ordinate and monitor the functioning of State Authorities, District Authorities, Supreme Court Legal Services Committee, High Court Legal Services Committees, Taluk Legal Services Committees, voluntary social service institutions and other legal services organizations.

PYQ: 2013

With reference to National Legal Services Authority, consider the following statements.

  1. Its objective is to provide free and competent legal services to the weaker sections of the society on the basis of equal opportunity.
  2. It issues guidelines for the State Legal Services Authorities to implement the legal programmes and schemes throughout the country.

Which of the statements given above is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Answer: (c)


MCQ based on the issue:

With reference to National Legal Service Authority (NALSA), consider the following statements:

  1. It is a constitutional body aimed at providing free legal aid to the indigent.
  2. The Chief Justice of India serves as the Executive Chairman of NALSA.
  3. Victims of natural disaster as well as man-made disaster are eligible for free legal aid.

How many of the above statements is/are correct?

(a) Only one

(b) Only two

(c) All three

(d) None

Answer: (a) Only one

Statement 1 is incorrect: NALSA is not a constitutional body; it is a statutory body formulated under NALSA Act 1987.

Statement 2 is incorrect: The Chief Justice of India serves as the Patron-in- Chief of NALSA.

Statement 2 is correct: Victims of natural disaster as well as man-made disaster are eligible for free legal aid.

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