Eligibility for Free Legal Services

Free legal services provide legal advice, representation and related assistance at State expense to persons who cannot effectively access justice. Section 12 of the Legal Services Authorities Act, 1987 identifies alternative categories of eligible persons, while Section 13 requires the legal services authority to be satisfied that the applicant has a prima facie case to prosecute or defend.

Constitutional and statutory basis

Article 39A directs the State to promote equal justice and provide free legal aid so that economic or other disabilities do not deny access to justice. The Legal Services Authorities Act, 1987 establishes the institutional framework for implementing this objective.

Eligibility based on identity or status

• A member of a Scheduled Caste or Scheduled Tribe qualifies.
• A victim of trafficking in human beings or begar, as referred to in Article 23, qualifies.
• Every woman or child qualifies under this category, without having to satisfy the income criterion.
• A person with mental illness or another disability qualifies.
• An industrial workman qualifies.

Eligibility based on vulnerability, custody or income

These grounds are independent alternatives. A person need satisfy any one of the categories in Section 12, subject to the prima facie case requirement under Section 13.

• A person facing undeserved want due to a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster qualifies.
• A person in custody qualifies, including a person in a protective home, juvenile home, psychiatric hospital or psychiatric nursing home.
• A person whose annual income is below the limit prescribed by the State Government for courts other than the Supreme Court qualifies.
• For a case before the Supreme Court, the applicable income limit is prescribed by the Central Government.