Between April 2023 and March 2024, only 15.50 lakh people received legal aid, a 28% increase from 12.14 lakh (2022-23), but far below the envisioned scale for 80% population coverage.

About Legal Aid

• Free legal aid is the provision of free legal services in civil and criminal matters for those poor and marginalized people who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any Court, Tribunal or Authority. 
• Legal aid is not a charity or bounty, but is an obligation of the state and right of the citizens. 
• The prime object of the state should be ―equal justice for all.
• These services are governed by the Legal Services Authorities Act, 1987 and headed by the National Legal Services Authority (NALSA).
• Legal Aid includes:
  • Representation in court: Free legal representation before courts, tribunals, or other legal bodies.
  • Legal advice: Providing legal counsel on various matters.
  • Document preparation: Assisting in the preparation of legal documents such as petitions and affidavits.
  • Waiver of court fees: For eligible individuals, the state bears the court fees.
• Who is Eligible for Legal Aid?
• • Scheduled Castes (SC) and Scheduled Tribes (ST).
  • Women and Children.
  • Mentally ill or disabled persons.
  • Persons facing exploitation (e.g., victims of trafficking, beggars).
  • Prisoners or those in custody.
  • Industrial workmen and victims of mass disasters.
  • Individuals whose annual income is below the prescribed limit 

Constitutional Framework for Legal Aid

• Article 14: Guarantees equality before the law and equal protection of laws, forming the foundation for legal aid.
• Article 21: Right to life and personal liberty includes access to justice; free legal aid is implicit for a fair trial.
• Article 22(1): Right to consult and to be defended by a legal practitioner of his choice in case of arrest.
• Article 39A: (Added by 42nd CAA 1976)
  • Mandates the State to provide free legal aid to ensure equal opportunities for justice.
  • Emphasizes justice not being denied due to economic or other disabilities.

Legislative Framework for Legal Aid

• Legal Services Authorities Act, 1987 (Amended in 1994 and 2002):
  • Provides the statutory framework for legal aid in India.
  • Establishes a hierarchical structure for legal aid delivery through National, State, District, Taluk-level authorities, and legal aid clinics (NALSA, SLSAs etc.).
    • In rural and remote areas, legal aid clinics serve village clusters. 
    • Nationally, there is one legal service clinic for every 163 villages, as per the India Justice Report 2025.
  • Key Provisions:
    • Free legal services for eligible persons (e.g., SC/ST, women, children, disabled, economically weaker sections).
    • Includes legal advice, representation in court, and assistance in alternative dispute resolution (ADR).
    • Establishes Lok Adalats for speedy and amicable settlement of disputes.
• Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
  • Section 341: Mandates provision of legal aid to accused persons at State expense in cases where they cannot afford representation.

Institutional Framework of Legal Aid in India

National Legal Services Authority (NALSA)

• NALSA was established under the Legal Services Authorities Act, 1987. 
  • It is the central body responsible for formulating policies and overseeing the implementation of legal aid programs across India.
• Role and Functions:
  • Policy Formulation: NALSA lays down policies, principles, and guidelines for legal aid across the country.
  • Coordination: Coordinates with State Legal Services Authorities (SLSAs), District Legal Services Authorities (DLSAs), and other legal service institutions to ensure uniform implementation of legal aid services.
  • Monitoring and Evaluation: NALSA monitors the effectiveness of legal aid programs and conducts social justice litigation on behalf of marginalized communities (e.g., issues related to consumer protection, environmental protection, etc.).
  • Awareness Campaigns: Organizes legal literacy programs to educate people about their legal rights and the availability of legal services.
  • Lok Adalats: NALSA is responsible for the organization and promotion of Lok Adalats for the amicable settlement of disputes.

State Legal Services Authorities (SLSAs)

• SLSAs are established in each state to give effect to the policies and directions laid down by NALSA. 
• Headed by: Chief Justice of the respective State High Court.
• Functions:
  • Implement national legal aid schemes in accordance with NALSA’s policies.
  • Conduct Lok Adalats and legal awareness campaigns at the state level.
  • Monitor and evaluate the functioning of District Legal Services Authorities (DLSAs) and Taluk Legal Services Committees.
  • Ensure legal aid services are easily accessible to eligible individuals in rural and urban areas.

District Legal Services Authorities (DLSAs)

• DLSAs are responsible for implementing legal aid services at the district level. They act as the first point of contact for individuals seeking legal aid.
• Headed by: District Judge.

Taluk Legal Services Committees (TLSCs)

• These committees are set up at the Taluk/Mandal level (sub-district) to ensure the provision of legal aid to people at the grassroots level.
• Headed by: The Senior Civil Judge in the taluk.

Supreme Court Legal Services Committee (SCLSC)

• Responsible for providing legal aid to individuals seeking assistance in the Supreme Court of India.

Lok Adalats (People’s Courts)

• Lok Adalats are an alternative dispute resolution mechanism established under the Legal Services Authorities Act, 1987. 
  • Provide a platform for amicable settlement of disputes outside the formal judicial system.
  • Their decisions are deemed to be decrees of civil courts, final and binding on the parties.
• Role and Functions:
  • Lok Adalats settle cases at both the pre-litigation and post-litigation stages.
  • They handle civil, criminal, and family cases, including issues related to family disputes, property disputes, matrimonial issues, etc.
  • They are organized by NALSA, SLSAs, DLSAs, and TLSCs at various levels, including national, state, district, and taluk levels.

Significance of Free Legal Aid in India

• Ensures Equal Access to Justice: Free legal aid guarantees that economic barriers do not prevent access to justice.
  • This aligns with Article 14 of the Constitution, ensuring equality before the law for all citizens.
• Constitutional Right and Duty: Article 39A mandates the state to provide free legal aid for equal justice.
  • This fulfills the constitutional promise of fair trial under Article 21 for every citizen.
• Empowers Marginalized and Vulnerable Groups: Legal aid supports marginalized groups like women, SCs/STs, and victims of trafficking in asserting their rights. 
  • It ensures social justice, enabling these groups to challenge exploitation and discrimination.
• Reduces Legal Inequality: Free legal aid helps address legal inequality, providing representation to those unable to afford it.
  • Approximately 40% of India’s population cannot afford legal help, highlighting the need for accessible justice.
• Strengthens the Rule of Law: Legal aid promotes the rule of law by ensuring everyone, regardless of wealth, has access to justice.
  • It helps build trust in the legal system and ensures fairness in judicial processes.
• Addresses Judicial Backlog: Lok Adalats and alternative dispute resolution mechanisms help reduce case backlogs in courts.
  • Millions of cases have been settled through Lok Adalats, easing the burden on the formal judicial system.
• Promotes Legal Awareness: Legal aid fosters legal literacy and educates citizens about their rights.
  • Programs run by NALSA and SLSAs aim to inform the public about their legal entitlements, especially in rural areas.

Government Schemes and Initiatives for Legal Aid in India

• Legal Aid Defense Counsel (LADC) Scheme: The LADC scheme offers dedicated defense lawyers for accused individuals, ensuring that even those who cannot afford legal representation have access to quality legal defense.
  • The scheme is operational in 610 out of 670 districts across India and has received ₹200 crore in funding in 2023-24, though the allocation for 2024-25 has dropped.
• Para-Legal Volunteers (PLVs): PLVs are essential to the grassroots-level legal aid system. 
  • They are community-based individuals trained to assist in raising legal awareness, providing basic legal services, and connecting vulnerable individuals to formal legal institutions.
  • Functions:
    • Bridge the gap between the community and legal institutions, such as police stations, courts, and legal aid authorities.
    • Help with legal documentation, filing complaints, and representing cases in Lok Adalats.
    • Provide legal advice and assist in dispute resolution.
    • PLVs are an important part of legal aid clinics, especially in rural areas, and work as the first point of contact for legal assistance.
• DISHA (Designing Innovative Solutions for Holistic Access to Justice) Scheme (2021):  The DISHA scheme aims to strengthen the pre-litigation mechanism, ensuring that individuals can resolve disputes before they escalate to formal legal proceedings.
• • Nyaya Bandhu (Pro Bono Legal Services) Program:  The Nyaya Bandhu Program encourages lawyers to volunteer their services for underprivileged litigants. 
    • Nyaya Bandhu has been integrated with Tele- Law (pre-litigation advice) services under the DISHA scheme.
  • Tele-Law:  The Tele-Law program enables the delivery of legal advice through a panel of expert lawyers stationed at State Legal Services Authorities (SLSAs). 
    • It makes legal counsel more accessible, especially for rural and marginalized populations.
  • Legal Literacy and Awareness Programme: NALSA, SLSAs, and DLSAs conduct widespread legal awareness programs to educate citizens about their legal rights and the availability of legal aid services.
• Nyaya Mitra Programme: The Nyaya Mitra Programme focuses on the expedited disposal of cases that have been pending for 10 to 15 years in High Courts and Subordinate Courts. 
  • Aim: To reduce the case backlog and provide timely justice to the litigants.
• Veer Parivar Sahayata Yojana (2025): Launched by NALSA in July 2025, in Srinagar, with clinics like the one at Sainik Bhawan, Guwahati.
  • Objective: Provide free legal aid to armed forces personnel, veterans, and their families.

Issues and Challenges with Legal Aid System in India

• Underutilization of Legal Aid Funds: The reduction in funds and underutilization hampers the overall effectiveness of the system.
  • Despite an increase in the overall legal aid budget, NALSA’s funds dropped from ₹207 crore to ₹169 crore, and the utilization rate fell from 75% to 59%.
• Limited Reach of Legal Aid Services: The reach remains modest, and the availability of legal aid is limited to those with access to clinics and resources.
  • While 80% of India’s population is eligible for free legal aid, only 15.5 lakh people received legal services in 2023-24, far below the target. 
• Para-Legal Volunteer Shortage: The number of para-legal volunteers (PLVs) dropped by 38% between 2019 and 2024.
  • In 2023-24, 53,000 PLVs were trained, but only 14,000 were deployed, resulting in a shortage of trained community resources at the grassroots level.
• Inconsistent State-Level Allocations: While some states like Karnataka, Maharashtra, and Madhya Pradesh increased their budgets significantly, others spent far less.
  • Haryana allocated ₹16 per capita, while West Bengal allocated just ₹2, reflecting disparities in fund distribution across states.
• Low Honorariums for PLVs: PLVs are paid below minimum wages in most states, with only Kerala paying ₹750 per day.
  • Most states pay between ₹250 and ₹500 per day, which is insufficient to meet basic expenses and affects volunteer morale.
• Challenges with New Legal Aid Defense Counsel (LADC) Scheme: Although the LADC scheme aims to provide quality legal defense for accused persons, its funding dropped from ₹200 crore in 2023-24 to ₹147.9 crore in 2024-25.
  • The scheme is operational in 610 districts, but its effectiveness is still uncertain as it is in the early stages.
• Inconsistent Service Quality and Accountability Issues: Legal aid services suffer from inconsistent quality and a lack of accountability mechanisms.
  • This undermines trust in the system, despite efforts to improve funding and resources across states.

Way Forward for the Legal Aid System in India

• Increase Funding for Legal Aid: The budget for legal aid needs to be significantly increased to ensure effective implementation of services across the country.
• Expand Awareness Campaigns: To reach the 80% of the population eligible for legal aid, there must be a wider outreach of legal literacy programs. 
  • Tele-Law and Nyaya Bandhu programs should be further expanded to rural areas to increase awareness of legal rights.
• Increase Deployment of Para-Legal Volunteers: The shortage of para-legal volunteers (PLVs) must be addressed by providing better training and higher compensation to ensure greater deployment at the grassroots level.
• Revised Honorariums for PLVs: PLVs are currently paid below minimum wage in most states, with only Kerala offering a ₹750 daily honorarium. 
  • Increasing the honorarium in line with minimum wage standards would ensure better participation and motivation for volunteers.
• Strengthen the Legal Aid Defense Counsel (LADC) Scheme:  The LADC scheme, providing legal defense to accused individuals, should be fully funded and expanded to include more districts. 
• Ensure Accountability in Legal Aid Services: To overcome inconsistent service quality, there must be clear accountability mechanisms. 
  • Regular monitoring and evaluation of legal aid services by NALSA and SLSAs will ensure that legal services meet minimum standards.
• Enhance the Capacity of Legal Aid Infrastructure: The capacity of legal aid clinics and Lok Adalats must be expanded, particularly in remote and underserved areas. 
  • Increasing the number of legal clinics and improving the infrastructure will enhance accessibility and efficiency of the legal aid system.

Conclusion

The Legal Aid System in India, anchored by NALSA and schemes like DISHA and LADC, is pivotal for ensuring access to justice, yet its limited reach and funding constraints hinder its potential. Strengthening infrastructure, awareness, and accountability is essential to fulfill the constitutional vision of equal justice for all.

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