National Legal Services Authority: Functions, Schemes and National Programs

The National Legal Services Authority (NALSA) is a statutory body constituted under the Legal Services Authorities Act, 1987, to provide free and competent legal services to the weaker sections of society. Functioning under the administrative framework of the Ministry of Law and Justice, NALSA ensures that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. It fulfills the constitutional mandate under Article 39A, which provides for equal justice and free legal aid. The Chief Justice of India serves as the Patron-in-Chief, while the second senior-most Judge of the Supreme Court acts as the Executive Chairman of the authority.

Constitutional and Statutory Framework

Legal Services Authorities Act, 1987

The Legal Services Authorities Act, 1987 was enacted to give statutory effect to Article 39A of the Indian Constitution. Though enacted in 1987, the Act came into force on November 9, 1995, following necessary amendments.

• Statutory Mandate: Lays down the framework for providing free legal care, establishing Lok Adalats, and ensuring alternative dispute resolution mechanisms across India.
• Institutional Network: Establishes a multi-tier hierarchy to decentralize legal aid delivery:
  • National Level: National Legal Services Authority (NALSA) and Supreme Court Legal Services Committee (SCLSC).
  • State Level: State Legal Services Authority (SLSA) headed by the Chief Justice of the respective High Court.
  • District Level: District Legal Services Authority (DLSA) chaired by the District Judge.
  • Taluk Level: Taluk Legal Services Committee (TLSC) chaired by a senior Civil Judge.

Eligible Beneficiaries under Section 12

Section 12 of the Legal Services Authorities Act, 1987 defines specific categories of individuals entitled to free legal services:

• Women and children.
• Members of Scheduled Castes (SC) and Scheduled Tribes (ST).
• Industrial workmen.
• Victims of human trafficking or begar as referred to in Article 23.
• Victims of mass disasters, ethnic violence, floods, drought, earthquakes, or industrial disasters.
• Disabled persons as defined under the Rights of Persons with Disabilities Act.
• Persons in custody, including protective homes, psychiatric hospitals, or prisons.
• Individuals whose annual income falls below the limits prescribed by the respective Central or State Governments.

Core Functions and Operations of NALSA

Free Legal Services Mechanism

NALSA allocates central funds to SLSAs and non-governmental organizations to implement legal aid schemes.

• Legal Representation: Assigns panel lawyers and legal aid defense counsel to represent eligible litigants in court proceedings.
• Documentation and Advice: Pays court fees, process fees, drafting expenses, and costs associated with obtaining certified copies of judgments.
• Legal Literacy: Conducts legal awareness camps in rural, tribal, and remote areas to inform citizens about their legal rights.

Alternative Dispute Resolution (ADR) and Lok Adalats

NALSA organizes Lok Adalats as an alternative forum to settle pending court cases or pre-litigation disputes amicably.

• Statutory Power: Under Section 21 of the Act, every award made by a Lok Adalat is deemed to be a decree of a civil court.
• Finality of Awards: Awards issued by Lok Adalats are final and binding on all parties; no appeal lies against such awards in any court of law.
• National Lok Adalats: Conducted simultaneously across all courts from the Supreme Court down to the Taluk level on designated days to clear pending backlogs.
• Permanent Lok Adalats: Established under Chapter VI-A of the Act to settle disputes related to Public Utility Services (e.g., transport, postal, telegraph, power, and water supply) up to a specified monetary ceiling.

Key Schemes and National Programs Formulated by NALSA

NALSA (Legal Services to Victims of Sexual Assault) Scheme

Focuses on providing immediate legal aid, medical assistance, and rehabilitation support to victims of sexual offences, ensuring sensitive handling of court proceedings.

Legal Services to Disaster Victims Scheme

Deploys legal aid teams to disaster-affected zones to help victims access government relief funds, insurance claims, ex-gratia payments, and duplicate identity documentation.

Legal Services to Senior Citizens Scheme

Focuses on protecting the life, property, and maintenance rights of elderly individuals under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Legal Services to Victims of Trafficking and Commercial Sexual Exploitation

Provides legal representation, rescue coordination, rehabilitation support, and witness protection to victims of human trafficking.

Legal Services to Inmates of Correctional Institutions Scheme

Deploys paralegal volunteers and panel lawyers inside prisons to ensure that undertrial prisoners do not remain incarcerated due to an inability to apply for bail or secure legal representation.

Legal Aid Defense Counsel System (LADCS)

Introduced to professionalize criminal legal aid by deploying full-time lawyers strictly dedicated to defense work in criminal cases, replacing the traditional assignment of part-time panel lawyers.

Structural Comparison of Legal Services Bodies

Key Facts and Data

• Legal Services Day is observed every year on November 9 in India to commemorate the coming into force of the Legal Services Authorities Act, 1987.
• Article 39A was inserted into the Constitution of India by the 42nd Constitutional Amendment Act, 1976.
• Justice P.N. Bhagwati and Justice V.R. Krishna Iyer played pioneer roles in developing the legal aid movement and public interest litigation framework in India.
• Awards passed by Lok Adalats carry the same weight as a civil court decree and cannot be challenged through appeal in any court.
• Court fees paid at the time of filing a case are refunded back to the litigants if the dispute is settled through a Lok Adalat.
• The Supreme Court Legal Services Committee (SCLSC) handles legal aid requests for cases reaching the Supreme Court of India.
• Permanent Lok Adalats possess statutory powers to decide disputes on merits if the parties fail to reach an agreement, provided the dispute does not involve a non-compoundable offence.
• Paralegal Volunteers (PLVs) are trained by NALSA and SLSAs to bridge the gap between common citizens and legal service institutions at the village level.