Free Legal Aid in India – UPSC GS2

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National Legal Service Day:
  • The NLSD is celebrated on 9th November every year to spread awareness for ensuring reasonable fair and justice procedure for all citizens.
  • NLSD was first started by the Supreme Court of India in 1995 to provide help and support to poor and weaker sections of the society.
  • Free legal services are provided in matters before Civil, Criminal and Revenue Courts, Tribunals or any other authority exercising judicial or quasi-judicial functions.
Constitutional Provisions related to legal aid:
  • 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.
Objectives of Legal Service Authorities:
  • Provide free legal aid and advice.
  • Spread legal awareness.
  • Organize Lok Adalat.
  • Promote settlements of disputes through Alternative Dispute Resolution (ADR) Mechanisms. Various kinds of ADR mechanisms are Arbitration, Conciliation, Judicial settlement including settlement through Lok Adalat, or Mediation.
  • Provide compensation to victims of crime.
Institutions for providing Free Legal Services:
  • National Level: National Legal Services Authority (NALSA). It was constituted under the Legal Services Authorities Act, 1987. The Chief Justice of India is the Patron-in-Chief.
  • State Level: State Legal Services Authority. It is headed by the Chief Justice of the State High Court who is its Patron-in-Chief.
  • District Level: District Legal Services Authority. The District Judge of the District is its ex-officio Chairman.
  • Taluka/Sub-Division Level: Taluka/Sub-Divisional Legal Services Committee. It is headed by a senior Civil Judge.
  • High Court: High Court Legal Services Committee
  • Supreme Court: Supreme Court Legal Services Committee.
Who is Eligible for Getting Free Legal Services?
  • Women and children
  • Members of SC/ST
  • Industrial workmen
  • Victims of mass disaster, violence, flood, drought, earthquake, industrial disaster.
  • Disabled persons
  • Persons in custody
  • Those persons who have annual income of less than the amount prescribed by the respective State Government, if the case is before any court other than the Supreme Court, and less than Rs. 5 Lakhs, if the case is before the Supreme Court.
  • Victims of Trafficking in Human beings or begar.
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