National Legal Services Authorities (NALSA) is a statutory body established under the Section 3 of the National Legal Services Authority Act, 1987 to make justice accessible to weaker sections of the Society. At the State level there are the State Legal Services Authorities which facilitates the reach of justice to poor people. NALSA also facilitates the amicable settlement of disputes through Lok Adalats.
In reality, it gives effect to Article 39 A of the Indian Constitution which provides for free legal aid. Therefore, this article is going to deal with the Role of NALSA in providing free legal aid in India.
It is necessary to understand here that provision of Free legal aid has been provided under Article 39 A of the Indian Constitution and is a part of Directive Principle of the State Policy (DPSP). DPSP forms Part IV of the Constitution and is based upon three principles : Gandhian Philosophy, Socialism and liberal intellectualism.
Article 39 A is the manifestation of socialist philosophy. Socialist philosophy seeks to reduce economic inequality and ensure social welfare in a manner that essential services must be available to everyone. Legal aid being one of the essential services, must also be available to everyone irrespective of their economic status. Justice must not be confined and limited to powerful sections of societies, but must also be ensured to those who are economically weaker. It must be noted here that if justice will be limited to few, it will again widen the gap between rich and poor on the economic basis.
Further, the Preamble of the Indian Constitution provides for ‘Justice, social, economic and political’. 39 A seeks to ensure economic justice by ensuring that justice is accessible to all irrespective of their economic status. The Constitution of India clearly declares that India will be organised as a social welfare state, i.e., a state which renders social services to the people and promotes their general welfare.
DPSPs provide a roadmap to a welfare state and undoubtedly the state can never be transformed into a welfare state without ensuring justice to its people. It is the very base of the welfare of the people. Therefore, Article 39 A seeks to ensure accessibility of justice to all.
As per the report of NALSA, 16,57,527 people have benefited from the legal services provided by NALSA to the people. The Legal Services Authorities Act, 1987 defines ‘legal service’ as ‘rendering of any service in the conduct of any case or other legal proceeding before any court or other authority or tribunal and the giving of advice on any legal matter’.
The services can only be provided to those who fall under the criteria provided under Section 12 of the Act, such as a member of SC/ST or a victim of human trafficking or a begar or woman or child or a person with disability or person who is victim of mass disaster/ethnic violence/caste atrocity/flood/drought/earthquake/industrial disaster or an industrial workmen or in custody (protective home/juvenile home/psychiatric hospital or psychiatric nursing home) or in receipt of annual income less than 9000 rupees (if case is in Court other than Supreme Court) or annual income less than 12000 rupees if case is in Supreme Court.
It must be noted here, that these criteria include only those sections of society which are vulnerable to being denied justice due to lack of sufficient resources. These represent the weaker sections of this society and this is the reason the Article 39 A was introduced in the Constitution.
NALSA provides free legal aid which involves representation by the Advocate in the Court, payment of court fees and other charges, drafting of legal documents, supplying copies of judgments, advising and aiding the beneficiaries to avail the benefit of various welfare statutes and schemes of the central or the state government and so on. In short, NALSA provides all kinds of legal aid and advice to the weaker sections of the society in order to make justice accessible to them if the person has a genuine case and is in the need of such aid. Section 13 of the 1967 Act provides a safeguard that legal services will only be provided if the person satisfying the criteria of Section 12 has a prima facie case to prosecute or defend. It prevents the free legal aid being provided in frivolous cases which is an abuse of such aid and also the abuse of Court process.
NALSA is the statutory body implementing Article 39 A, realizing the constitutional goal of a social welfare state by ensuring justice is accessible to all, irrespective of economic status, through comprehensive legal aid for vulnerable sections, while using safeguards against frivolous cases. There are still certain challenges regarding the awareness of free legal aid and efficiency of legal services provided by NALSA. The issue of inclusivity needs to be resolved by creating mega awareness campaigns about this affirmative scheme. Also, ensuring that quality legal services are being provided through legal aid service authorities throughout India.
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This article is authored by Astha Priya.
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