Legal Services Authorities Act 1987 ensures justice for all citizens through free legal aid.
About Pro bono cases:
- Pro bono cases are defined as legal work undertaken voluntarily without payment, serving as a public service.
- Lawyers engage in pro bono activities to ensure access to justice for those unable to afford legal services, fulfilling the legal profession’s societal responsibilities.
- Pro bono contributions are considered when assessing a lawyer’s merit for judicial appointments, law officer positions, including those in High Courts and the Supreme Court, and in the designation of senior advocates.
About Legal Services Authorities Act 1987:
- This Act operationalizes Article 39A of the Constitution, which guarantees the right to justice for all citizens, particularly by providing free legal aid to those who cannot afford it.
- It led to the establishment of The National Legal Services Authority (NALSA) and a structured network of Legal Service Committees (LSCs) at the Supreme Court, state, high court, and district levels.
- LSCs are tasked with providing legal aid and advice, promoting alternative dispute resolution mechanisms, and implementing victim compensation schemes.
Identified Issues with the Act:
- Lack of mandatory pro bono work: Currently, there’s no requirement for lawyers to undertake pro bono work for qualifying for relief funds from Bar Councils.
- Inadequate incentives and recognition for lawyers contributing to pro bono efforts, affecting their motivation.
- Limited participation of senior advocates in pro bono activities and insufficient compensation for lawyers engaged through legal aid services.
- The effectiveness and accountability of legal aid services lack robust monitoring mechanisms.
Recommendations for Improvement:
- Mandatory Pro Bono Work: Introduction of a mandatory requirement for lawyers to engage in at least one pro bono case annually for eligibility for relief funds from the Bar Councils.
- Rotation System: Implementation of a rotation system for lawyers’ participation in pro bono work across different courts, monitored by bar associations.
- Panel of Senior Advocates: Formation of dedicated pro bono panels by senior advocates across High Courts and the Supreme Court.
- Merit Certificates: Issuance of merit certificates for lawyers based on their pro bono contributions, influencing their evaluation for judicial and senior advocate positions.
- Judicial Appointment Considerations: Inclusion of pro bono work as a criterion in the merit assessment for judicial appointments and other legal positions.
- Adequate Compensation: Ensuring fair compensation for lawyers involved in legal aid, particularly through the Legal Aid Defence Counsel Scheme (LADCS).
- Robust Monitoring System: Establishment of a comprehensive system to monitor the quality and accountability of legal aid services provided.
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