NALSA (NATIONAL LEGAL SERVICES AUTHORITY)

Posted 15 Mar 2024

5 min read

Why in News?

Parliamentary Standing Committee submitted its Report on “Review of the working of Legal aid under the Legal Services Authorities Act, 1987”

What is NALSA?

NALSA, or the National Legal Services Authority, is an apex organization established under the Legal Services Authorities Act, 1987.
It oversees the implementation of legal aid policies and programs and monitors legal aid activities across India.
The core principle of NALSA in India is to ensure that the impoverished and underprivileged have access to justice through the provision of free legal services.
The legal aid under it is applicable to Courts, tribunals, and other bodies with judicial or quasi-judicial powers.
It also promotes Settlement of Disputes through Alternate Dispute Resolution (ADR) Mechanisms.
Central Government allocates annual funds to NALSA, distributed to State and District Legal Services Authorities.
- State Governments cover state-level expenses, including salaries.
The weaker sections covered under Section 12 of the law include:
- Women and Children
- Members of Scheduled caste or Scheduled Tribes
- Industrial Workmen
- Persons with Disability
- Persons in Custody
- Victims of Human trafficking
- Victims of Natural Disasters, Ethnic/caste violence, industrial Disaster
- Persons with an annual income of less than Rs 1,00,000/- Or as notified by the Central/State Governments
NALSA grants authority to oversee legal aid initiatives to:
- Legal Services Authority at National/State/District Level
- Taluka/Sub divisional Legal Services Committee
- High court and Supreme Court Legal Services Committees

Functions of NALSA

Legal Aid and Assistance: It includes advocate representation, process fee payments, document preparation, including drafting and translation, and provision of certified copies of legal documents in proceedings.
Participation in PILs litigation for social justice on behalf of the marginalized under Section 4(d) of the Legal Services Authorities Act
- The protection of fundamental rights of the abandoned and destitute women/widows in Vrindavan. Ex: The NALSA vs. Union of India (2014) recognizes transgenders to be the third gender.
Lok Adalats and Mediation: Aimed at resolving legal disputes expeditiously and amicably, thereby reducing the burden on the formal judicial system.
Legal Awareness: To promotes legal literacy through various means, including seminars, pamphlet distribution, television and radio appearances, internships for law students, and Legal Aid Clinics in colleges etc.
Victim Compensation: Through schemes like “Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes” NALSA aims to provide compensation and support to women who are victims or survivors of sexual assault or other crimes.

Constitutional Provisions related to Free Legal Aid

Article 39A: Mandates the State to ensure justice with equal opportunity, including free legal aid provision.
Article 14: Guarantees equality before the law for all individuals within India's territory.
Article 22(1): Provides protection to individuals arrested or detained, ensuring their right to legal consultation and representation.

Issues identified in report and Key recommendations

Issues	Recommendations/Observations
Lack of Awareness and Legal Education: India Justice Report 2019 despite over 80% eligibility, only 15 million have used legal aid since 1995	Execute mass media campaigns for legal aid awareness NALSA should prioritize assisting vulnerable sections, particularly undertrial prisoners, and study cases of prolonged detention and bail challenges.
Budgetary Constraints and Allocations: India's legal aid spend is 0.75 paise per capita annually for year 2017-18 as per India Justice Report, 2019	Increase Grant-in-aid to NALSA substantially to bridge justice gap.
Role of Lawyers and Compensation: Lawyers refrain from pro bono due to fee caps; receive nominal honorarium ranging from 1,500 to 7,500 rupees.	Ensure Fair Compensation Mandate lawyers to engage in annual pro bono work. Senior Advocate Panels for pro bono services in District Judiciary, High Courts, and Supreme Court. Merit Certificates to Recognize lawyers' pro bono contributions for judicial career advancement.
Challenges faced by Lok Adalats: Limited powers and procedural constraints, inability to compel parties to appear causing delays and Insufficient infrastructure and resources.	To Revise powers and procedures of Lok Adalats and equip them with modern technology, adequate resources, and training to streamline processes and minimize delays.
Under-utilisation of Para-Legal Volunteers (PLVs)	Train PLVs comprehensively, provide resources, and fair compensation. Conduct awareness campaigns and appreciate PLVs' contributions to enhance motivation.
Shortage of staff and unfilled vacancies: As of December, 2022, NALSA operated with only 20 staff members out of its sanctioned 34 positions.	Fill vacant positions promptly and consistently to prevent accumulation of unfilled vacancies.

Government Initiatives for legal aid

"Designing Innovative Solutions for Holistic Access to Justice in India (DISHA)”
Nyaya Bandhu Platform: Facilitate connection between Pro Bono Advocates and registered beneficiaries, encouraging Pro Bono culture among law students, advocates, and law schools.
Tele-Law Service: Connect beneficiaries with lawyers via tele/video conferencing, available in 2.5 lakh Gram Panchayats across 766 districts.
Legal Aid Defence Counsel System (LADCS): Initiated by NALSA, ensures efficient legal aid in criminal cases by engaging full-time lawyers across 676 districts nationwide, mirroring public defender systems in developed countries.
Nyaya Mitra programme: Facilitate disposal of 15-year-old pending cases at the district level through its Nyaya Mitra programme and to empower citizens through Pan India legal literacy and legal awareness programme.