Free legal aid

Free legal aid

Subject : Polity

Section: Judiciary

Context: Poor state of legal aid in India.

Constitutional Basis of Legal System:

• Article 39A of the Constitution of India provides that State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disability.
• Articles 14 and 22(1) also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on a basis of equal opportunity to all.
• Legal aid strives to ensure that constitutional pledge is fulfilled in its letter and spirit and equal justice is made available to the poor, downtrodden and weaker sections of the Society.
• 1987, the Legal Services Authorities Act was enacted by the Parliament which came into force on 9th November, 1995 to establish a nationwide uniform network for providing free and competent legal services to the weaker sections of the society on the basis of equal opportunity. The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to monitor and evaluate implementation of legal aid programmes and to lay down policies and principles for making legal services available under the Act.
• In every State, a State Legal Services Authority and in every High Court, a High Court Legal Services Committee have been constituted. District Legal Services Authorities, Taluk Legal Services Committees have been constituted in the Districts and most of the Taluks to give effect to the policies and directions of the NALSA and to provide free legal services to the people and conduct Lok Adalats in the State.
• Supreme Court Legal Services Committee has been constituted to administer and implement the legal services programme insofar as it relates to the Supreme Court of India.

NALSA

• It has been constituted under the Legal Services Authorities Act, 1987, to provide free legal services to weaker sections of society.
• It aims to ensure that opportunities for securing justice are not denied to any citizen by reasons of economic or other disabilities. The ‘Nyaya Deep’ is the official newsletter of NALSA.
• It has also been providing assistance to prisoners who were eligible to be released on parole or interim bail under the relaxed norms, through its panel lawyers.

Composition of NALSA:

• The Chief Justice of India shall be the Patron-in-Chief, as per section 3(2) of Legal Service Authorities Act.
• The Second senior-most judge of Supreme Court of India is the Executive-Chairman.

Functions performed by NALSA:

• It organize Lok Adalat for amicable settlement of disputes.
• It Identify specific categories of the marginalised and excluded groups and formulates various schemes for the implementation of preventive and strategic legal service programmes.
• It provides free legal aid in civil and criminal matters for the poor and marginalised people who cannot afford the services of a lawyer in any court or tribunal.

 State Legal Services Authorities:

• It has been constituted to give effect to the policies and directions of the NALSA and to give free legal services to the people and conduct LokAdalat in the State.
• It is headed by Hon’ble the Chief Justice of the respective High Court who is the Patron-in-Chief of the State Legal Services Authority.

District Legal Services Authority:

• It has been constituted to implement Legal Services Programmes in the District.
• It is situated in the District Courts Complex in every District and chaired by the District Judge of the Respective District.

Other provisions for alternate justice:

• The amendments to the Commercial Courts Act now mandates pre institutional mediation. India passed the Mediation Act, 2023 to improve mediation institutions and reduce judicial workload.
• Other issues facing the legal aid system include rising criminal cases and police station bail restrictions. Even
• though Section 320(1) of the Code of Criminal Procedure allows compounding (conversion into penalties) without court permission, our police officers are taught to register cases that do not fit under this provision, avoiding station level compounding. Even the recently passed Mediation Act, 2023 ignores this. It could have permitted mediated settlement in cases falling under Section 320(1) of CrPC.