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 National Legal Services Authority

Context:

Recently, the Minister of Law and Justice informed the details of funds allocated by NALSA (National Legal Services Authority) to Legal Services Authorities to organise Legal Aid Programmes in India.

Relevance:

GS II- Polity and Governance

Dimensions of the Article:

  1. About National Legal Services Authority (NALSA)
  2. Legal Services Institutions at Various Levels
  3. Who is Eligible for Getting Free Legal Services?

About National Legal Services Authority (NALSA)

  • National Legal Services Authority of India (NALSA) was formed on 9 November 1995 under the authority of the Legal Services Authorities Act 1987.
  • Its purpose is to provide free legal services to eligible candidates (defined in Sec. 12 of the Act), and to organize Lok Adalats for speedy resolution of cases.
  • The Chief Justice of India is patron-in-chief of NALSA while second senior most judge of Supreme Court of India is the Executive-Chairman.
  • There is a provision for similar mechanism at state and district level also headed by Chief Justice of High Courts and Chief Judges of District courts respectively.
  • The prime objective of NALSA is speedy disposal of cases and reducing the burden of judiciary.

Basis for formation

  • Article 39A of the Indian Constitution contains provisions for free legal aid to the weaker and poor sections of the society in order to ensure justice for all.
  • Also, articles 14 and 22(1) of the Constitution make it obligatory for the State to ensure equality before law and a legal system which promotes justice on the basis of equal opportunity to all.
  • Therefore, the National Legal Services Authority (NALSA) was constituted for the provision of free legal services to the weaker sections of the society and to organize Lok Adalats for speedy and amicable resolution of cases.

Objectives:

  • Provide free legal aid and advice.
  • Spread legal awareness.
  • Organise lok adalats.
  • 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.

Legal Services Institutions at Various Levels

  • National Level: NALSA 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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