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The Constitution of India has ensured the provision for access to free and affordable legal aid to the weaker sections of the society. In Article 39 A of Part IV of the Constitution, the access to free and legal aid has been made a directive principle for states. To secure this right in 1987, the Parliament of India enacted the Legal Services Authorities Act. This Act gives the procedure and requirements for free legal aid for economically and socially backward citizens. The Act provides for the formation of the National Legal Services Authority to look into matters and ensure the rights of grieving individuals.
The Legal Services Authorities Act of 1987
The Indian Constitution provides all the citizens of India with equal opportunity and smooth access to affordable legal aid. Article 39 A of the Indian constitution provides the citizens with equal justice and free legal aid to financially weaker sections of the society.
To secure this promise of the constitution, the Parliament of India, in 1987, introduced the Legal Services Authorities bill, which was later passed in both houses and became an act on 9 November 1987.
The Act gives the provisions for the smooth and secure procedures to provide legal aid to the economically challenged citizens of the country. The Act also ensures that justice is provided based on equal opportunities, ensuring the Constitution’s guarantee of Article 39 A.
The Act provided for the formation of the National Legal Services Authority.
National Legal Services Authority
Immediately after the independence and the enactment of the constitution in 1952, various members of the Parliament raised the issue of free legal aid on different platforms.
In 1980, the first national committee was formed to investigate the conditions of the legal assistance programmes in the country; the committee was headed by the former Supreme Court Judge, Justice P.N. Bhagwati.
Following this committee’s findings, the Parliament introduced the Legal Services Authority Bill, enacted in 1987, and the National Legal Services Authority (NALSA) was formed in 1995.
The headquarters of NALSA is situated in New Delhi.
The authority is headed by the Chief Justice of India, with the senior-most judge of the Supreme Court being the Executive Chairman.
Objectives of the Authority
The NALSA was created under the Legal Services Authorities Act of 1987; the prime motive of the authority is to provide free legal aid to qualified individuals.
In addition, the authority has the following objectives:
The authority works to promote legal literacy among the masses.
The authority works to provide fair legal representation, free legal aid, legal literacy, and awareness among the people regarding their legal rights.
The NALSA works to ensure Article 39 A of the Indian Constitution by providing free legal aid to marginalised and economically backward sections of the society.
The NALSA works to promote and enhance the working system of Lok Adalats at the state level.
Eligibility Requirements for NALSA
The NALSA provides free legal aid to the economically challenged citizens of the country; however, to avail the services of the authority, a person has to satisfy certain requirements. Section 12 of the Legal Services Authorities Act of 1987 provides free legal assistance to the people who satisfy the below requirements.
The individual belongs to a Scheduled Cast or a Schedule Tribe.
The grieving individual is a beggar or a victim of human trafficking. (according to Article 23)
The grieving individual is a woman or a child.
The grieving individual is mentally ill or otherwise impaired.
The grieving individual is a victim of unjustified poverty, such as ethnic violence, a natural disaster such as flood and earthquake, or is a victim of an industrial calamity.
The grieving individual is a factory worker.
Legal Services Authority in States
A State Legal Services Authority is formed in each state to aid and promote the policies drafted by the central authority.
The State Legal Services Authority works to promote and provide free legal aid to the backward individuals of the state and organise Lok Adalats in respective states.
The Chief Justice of the respective High Courts acts as the State Legal Services Authority chairman. A senior or retired judge of the respective state High Court is appointed as the Executive Chairman of the State Authority.
Along with the State Legal Services Authority, every district comprises District Legal Services Authorities at the district level.
The District Legal Services Authority is headed by the District Judge, as an ex-officio Chairman of the Authority.
Conclusion
To ensure the right to free or affordable legal aid to the economically and socially backward sections of society, the Indian Parliament enacted the Legal Services Authorities Act in 1987. The Act provided for the formation of the NALSA in 1995 to ensure free legal aid. It is headed by the Chief Justice of the Supreme Court of India, and the senior-most judge acts as the Executive Chairman of the Authority. The State Legal Services Authorities are established to provide legal aid to the backward classes at the state level. The State Legal Services Authorities work to promote the policies of the central authority in the respective states.
