National Legal Services Authority
SyllabusFunctioning of the Judiciary: legal aid
The National Legal Services Authority (NALSA) is the apex statutory body responsible for guiding and monitoring India’s legal aid system. Its central mandate is to ensure free and competent legal services for eligible persons and to promote equal access to justice, including through Lok Adalats.
Statutory and constitutional basis
Article 39A directs the State to promote equal justice and provide free legal aid so that economic or other disabilities do not deny opportunities for securing justice. Under Section 3 of the Legal Services Authorities Act, 1987, the Central Government constitutes NALSA to exercise the powers and perform the functions assigned by the Act.
Core statutory functions
Under Section 4, NALSA provides national direction to the legal services system rather than ordinarily handling every legal-aid case itself.
- It lays down policies and principles for making legal services available and frames effective and economical legal-aid schemes.
- It allocates funds and grants to State and District Legal Services Authorities and administers the Central Legal Aid Fund.
- It promotes legal literacy, legal awareness, clinical legal education and the training of persons engaged in legal services.
- It encourages dispute settlement through negotiation, arbitration and conciliation, and promotes the organization of Lok Adalats.
- It coordinates, monitors and evaluates legal-aid programmes and supports social justice litigation concerning vulnerable groups.
Scope and beneficiaries of legal aid
Legal services include legal advice and assistance in conducting cases or proceedings before courts, tribunals and other authorities. Section 12 identifies eligible categories, including members of Scheduled Castes or Scheduled Tribes, women, children, industrial workmen, persons in custody, victims of specified forms of exploitation or disaster, persons with disabilities, and persons below the prescribed income ceiling.
- Under Section 13, an eligible person is entitled to legal services when the concerned authority is satisfied that the person has a prima facie case to prosecute or defend.
- State, District and Taluk Legal Services Authorities implement legal-aid programmes within the national policy framework laid down by NALSA.
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