Free Legal AID and Access to Justice

"Who are entitled to receive free legal aid? Assess the role of the National Legal Services Authority (NALSA) in rendering free legal aid in India" important for PAPER-2 UPSC examination Mains.

 Article 39-A of the Constitution in Directive Principle of State Policy mandates universal access to free legal aid, aiming to establish a legal framework that upholds justice without regard to social or economic distinctions. This constitutional provision led to the enactment of the Legal Services Authorities Act, 1987, giving rise to the formation of the National Legal Services Authority (NALSA). Apart from this Article 14 and Article 22(1) are also associated with FREE LEGAL AID.

Eligibility for Free Legal Services

• Scheduled Castes and Scheduled Tribes
• Victims of Trafficking or Begar
• Women and Children.
• Mentally Ill or Disabled Persons
• A person who is going through tough times, like being a affected by a big disaster, violence based on ethnicity or caste, a flood, drought, earthquake, or a big industrial accident.
• Industrial Workmen
• Individuals in custody, including those in protective homes as defined in the Immoral Traffic (Prevention) Act, 1956, juvenile homes as defined in the Juvenile Justice Act, 1986, or psychiatric hospitals or nursing homes as defined in the Mental Health Act, 1987, can avail free legal services.
• Income-Based Eligibility: Individuals with an annual income less than the specified amount (as mentioned in the schedule or higher amount prescribed by the State Government) are eligible for free legal services if the case is before any court other than the Supreme Court. For cases before the Supreme Court, the income threshold is less than Rs 5 Lakh.

Recently, Department of Justice has announced the nomination of Supreme Court judge Justice BR Gavai as the Chairman of the Supreme Court Legal Services Committee (SCLSC).

What is the need for legal services?

Indian Constitution has provisions that specifies the need for providing legal services.

Article 39A – The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity and shall provide free legal aid by suitable legislation or schemes, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

• Article 14 – It entails right to equality and make it obligatory for the state to ensure equality before law.
• Article 22(1) – It entails the rights to be informed of grounds for arrest which make it obligatory for the State to ensure a legal system that promotes justice based on equal opportunity.

Committee for implementing legal aid schemes – It was constituted in 1980, at the national level under the chairmanship of then SC judge PN Bhagwati to monitor legal aid activities throughout India.

What is Legal Services Authorities Act?

Constituted in – 1987

Objectives – To give a statutory base to legal aid programmes and to provide free and competent legal services to eligible groups.

• It envisages a nationwide network for providing legal aid and assistance
  • At National level – NALSA
  • At State level – SLSA
  • At District level – DLSA
  • At Taluk level – TLSA
  • At Supreme Court level – SCLSC
  • At High Court level – HCLSC
• NALSA – National Legal Services Authority was constituted in 1995 to monitor and evaluate the implementation of legal aid programmes and to lay down policies for making them available.
• It also disburses funds and grants to SLSA and NGOs for implementing legal aid schemes and programmes.
• SLSA – State Legal Services Authorities were established to implement NALSA’s policies and directions, give free legal services to people and conduct Lok Adalats.
• It is headed by the Chief Justice of the respective High Court and includes the senior HC judge as its Executive Chairman.

While the HC Chief Justice is the patron-in-chief of the SLSA, the CJI is the patron-in-chief of NALSA.

• DLSA – District Legal Services Authorities are chaired by the district judge of the respective district.
• Taluk (Sub-Divisional) Legal Services Committees – They were established in most taluks and are headed by a senior civil judge.
• Collective function – To provide free and competent legal services to the eligible persons
• To organize Lok Adalats for amicable settlement of disputes
• To organize legal awareness camps in the rural areas
• To supply and obtain certified order copies and other legal documents, among other functions

What is the Supreme Court Legal Services Committee (SCSLC)?

• Constitution – Under section 3A of the 1987 Act which states that the Central Authority (NALSA) shall constitute the committee.
• Objective – To provide free and competent legal services to the weaker sections of society, in cases falling under the top court’s jurisdiction.
• Composition – It consists of a sitting SC judge, who is the chairman, along with other members possessing the experience and qualifications prescribed by the Centre.
• As of date, it consists of chairperson and 9 members.
• Selection criteria – Under 1987 Act, the Centre is empowered to make rules in consultation with the CJI, by notification.
• Rule 10 of the NALSA Rules, 1995, entails the numbers, experience, and qualifications of the SCLSC members.
• Appointment – CJI nominates both the chairman and other members of SCLSC and appoints the Secretary to the Committee.
• The Committee can appoint officers and other employees as prescribed by the Centre, in consultation with the CJI.

Challenges Faced by Nalsa in Ensuring Free Legal Aid for All

• Resource Constraints and Budgetary Limitations: Budget constraints hinder NALSA's efforts in underserved areas.
  • For instance, as per India Justice Report 2019, expenditure on legal aid has been only Rs 0.75 per capita spent in 2018 and Rs 1.05 in 2019-20 – the lowest figures globally
• Inaccessibility Of Legal Aid: According to India Justice Report 2019, more than 80% of India’s 1.3 billion people are eligible for legal aid. But only 15 million have benefitted from it since NALSA was established in 1995.
• Shortage of Qualified Legal Professionals: According to India Justice Report 2019, out of 629 posts for full-time secretaries approved for India’s 669 District Legal Services Authorities (DLSA), only 573 are currently occupied. This poses a significant challenge in meeting the diverse legal needs of the populace.
• Complexity of Legal Procedures and Lack of Legal Awareness: This keep rural and marginalized communities uninformed about their rights of free legal aid services.
  • In the case of Hossainara Khatun, Justice P.N. Bhagwati emphasized that a majority of rural residents lack awareness of their legal rights, leading to their exploitation and deprivation of entitled benefits.
• Social Stigma and Discrimination: Victims of domestic violence or LGBTQ+ individuals may face social ostracization, creating reluctance in approaching legal authorities for assistance.
• Underutilization of Alternate Dispute Resolution (ADR) Mechanisms: It hinders NALSA's efforts to resolve cases swiftly and cost-effectively. “Legal services cover only 1% of all pending court cases." - Justice U.U. Lalit, NALSA Chairperson

To address the challenges faced by NALSA, promoting Alternative Dispute Resolution methods like mediation and conciliation can expedite the resolution process while reducing costs. Additionally, establishing, strengthening and digitising State and District Legal Services Authorities at various levels can enhance accessibility to justice. However, to optimise NALSA's efforts, a collaborative effort between government institutions and civil society is crucial, ensuring a more inclusive and effective delivery of legal aid services to those in need.

National Lok Adalat will be held on 12 November across the country to dispose off pending cases through settlement.

What is it? Lok Adalat is one of the alternative dispute redressal mechanisms, it is a forum where disputes/cases pending in the court of law or at pre-litigation stage are settled/ compromised amicably.

• Who conducts? National Legal Services Authority of India (NALSA) along with other Legal Services Institutions conducts Lok Adalats.
• Status: Lok Adalats have been given statutory status under the Legal Services Authorities Act, 1987.
• Appeal:
  • The award (decision) made by the Lok Adalats is deemed to be a decree of a civil court and is final and binding on all parties and no appeal against such an award lies before any court of law.
  • If the parties are not satisfied with the award of the Lok Adalat though there is no provision for an appeal against such an award, but they are free to initiate litigation by approaching the court of appropriate jurisdiction by filing a case by following the required procedure, in exercise of their right to litigate.
• Fees: There is no court fee payable when a matter is filed in a Lok Adalat.
• Nature of Cases to be Referred to Lok Adalat
  1. Any case pending before any court.
  2. Any dispute which has not been brought before any court and is likely to be filed before the court.

Provided that any matter relating to an offence not compoundable under the law shall not be settled in Lok Adalat.