Powers of State Government to Make Rules under Legal Services Authorities Act, 1987

Under Section 28 of the Legal Services Authorities Act, 1987, the State Government is empowered to make rules to carry out the provisions of the Act. This power is exercised in consultation with the Chief Justice of the High Court and is initiated by notification in the Official Gazette.

These rules primarily focus on the administrative structure, service conditions, and operational eligibility within the state.

Rule-Making Powers of the State Government

The State Government has the authority to prescribe rules for several specific matters under Section 28(2):

1. Constitution of Legal Bodies

• State Authority: The number, experience, and qualifications of members of the State Legal Services Authority.

• High Court Committee: The experience and qualifications of the Secretary of the High Court Legal Services Committee.

• District Authority: The number, experience, and qualifications of members of the District Legal Services Authority.

• Taluk Committee: The number, experience, and qualifications of members of the Taluk Legal Services Committee.

2. Service Conditions and Staffing

• Salary and Allowances: The conditions of service, salary, and allowances payable to the officers and employees of the State Authority, District Authority, and Taluk Committees.

• Administrative Support: Determining the total number of officers and other employees required for the efficient functioning of these bodies.

3. Operational Powers

• Member-Secretary: Defining the specific powers and functions to be exercised by the Member-Secretary of the State Authority.

• Terms of Office: Setting the terms of office and other related conditions for members and Member-Secretaries of these authorities.

4. Eligibility for Legal Services

• Income Limit: One of the most important powers is setting the upper limit of annual income which entitles a person to free legal services (if the case is before a court other than the Supreme Court). While Section 12 lists categories like SC/ST or victims of trafficking, the "income test" for others is decided by these State Rules.

5. Lok Adalats

• Experience of Members: Presiding over the experience and qualifications of "other persons" (social workers, lawyers, etc.) who sit on the benches of Lok Adalats organized by the State or District Authorities.