Abstraction

Legal aid is the term used to describe services rendered to people who cannot afford legal representation or access to the legal system by legal experts or organizations. This assistance may take many different forms, including legal counsel, representation in court, or assistance with documentation. Governments and nonprofit groups frequently administer legal assistance programs with the goal of guaranteeing that every member of society, regardless of financial situation, has equal access to justice.

Article 39-A of the Indian Constitution mandates the State to ensure that the legal system operates in a manner that promotes justice with equal opportunities for all citizens. This includes providing free legal aid through appropriate legislation or schemes to ensure that economic or other disadvantages do not deprive anyone of access to justice. Articles 14 and 22(1) also compel the State to ensure equality before the law and a legal system that fosters justice for all. The National Legal Services Authority (NALSA), established under the Legal Services Authorities Act, 1987, is tasked with offering free legal services to marginalized sections of society and organizing Lok Adalats for the amicable resolution of disputes. NALSA, led by the Chief Justice of India, operates from the Supreme Court of India.

In each state, a State Legal Services Authority is established to carry out the directives of NALSA, providing free legal assistance and organizing Lok Adalats. The State Legal Services Authority is overseen by the Chief Justice of the respective High Court, serving as its Patron-in-Chief. Additionally, at the district level, District Legal Services Authorities are formed to implement legal aid programs. These authorities are located within the District Courts Complex and led by the District Judge of the respective district. 

Legal aid services are available from the grassroots level up to the Supreme Court of India, ensuring access to justice for those in need across all judicial tiers. 

Free legal aid offers complimentary legal services in both civil and criminal cases to economically disadvantaged and marginalized individuals who are unable to afford the fees of a lawyer for their representation in any court, tribunal, or authority. It benefited person in several ways like provides access to justice, equality, fairness, prevention of exploitation, ADR etc.…

The provision of free legal aid may encompass the following:

• Representation by an Advocate: Offering legal representation by an advocate in various legal proceedings.

• Payment of Process Fees: Covering the expenses related to process fees, witness expenses, and any other charges associated with legal proceedings, as deemed appropriate.

• Preparation of Pleadings: Assisting with the preparation of pleadings, memoranda of appeal, paper books, including tasks such as printing and translation of documents required for legal proceedings.

• Drafting Legal Documents: Providing support in drafting legal documents, including special leave petitions, affidavits, and other necessary paperwork.

• Supply of Certified Copies: Furnishing certified copies of judgments, orders, notes of evidence, and other relevant documents required for legal proceedings.

Below mentioned person are eligible to file application for legal aid:

• A member of a Scheduled Caste or Scheduled Tribe. 

• A victim of trafficking in human beings or beggar.

• A woman or a child. 

• A person with a mental illness or a person with a disability. 

• A person who is a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake, or industrial disaster. 

• An industrial workman. 

• In custody, including custody in a protective home, juvenile home or in a psychiatric hospital or psychiatric nursing home. 

• In receipt of annual income less than rupees nine thousand or such other higher amount as may be prescribed by the State Government, if the case is before a court other than the Supreme Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the Central Government, if the case is before the Supreme Court.

To apply for legal aid, you will require the following documents: 

• A proof of identification such as an Aadhar Card, Passport etc. 

• An affidavit proving your eligibility for legal aid. For example, if they are claiming they are eligible because their income is below the level specified, then they must give an affidavit of their income, as proof.

Once you submit the application, the legal services authority will:

• Scrutinize the application to determine next steps 

• Within 7 days of receiving the application, accept or reject the application 

• Inform you at your residential address or email address or if the application was made online, update the status. You can track the status using the diary number obtained. 

• If the application is accepted, give you information on the lawyer assigned. 

• Give a letter of appointment (vakalatnama) to you and the lawyer and the applicant.

Legal Aid can be denied at two stages 

1. at the initial stage before the application for legal aid is accepted and, 

2. at the later stage after the application has been accepted and legal aid has been provided. 

Legal aid can be denied or withdrawn if the applicant: 

• Is ineligible to apply for legal aid

• Is above the income limit given by states 

• Obtains legal services by misrepresentation or fraud 

• Does not cooperate with the Legal Services Authority or with the legal services advocate 

• Engages a legal practitioner other than the one assigned by the Legal Services Authority. 

• Event of death of the applicant, except in the civil cases where the rights or liability survive 

• Abuses the process of law or of legal services.

The application for legal services will be scrutinized by the Member Secretary or the Secretary of the Legal Services Authority. If you are aggrieved by the decision made, you have the option to appeal to the Executive Chairman or Chairman of the Legal Services Authority and the decision resulting from the appeal would be a final one.