What is legal aid and why do we need it?
Legal aid means free legal help: advice, writing documents, and a lawyer in court, for people who cannot pay. Without it, only rich people could use the courts.
The idea is equal justice: the law treats everyone the same, so everyone must be able to reach it. This is part of social justice, which means a fair deal for weaker groups in society.
A short history of legal aid
- Old times: help came as charity from kind lawyers or religious groups. It depended on goodwill.
- 20th century: many countries (for example the UK in 1949) made legal aid a public service paid by the state.
- India, 1950sโ1970s: committees and judges (such as Justice P. N. Bhagwati and Justice V. R. Krishna Iyer) called for state-funded aid.
- 1976: Article 39A added to the Constitution: the state must give free legal aid so that no one is denied justice because they are poor.
- 1980: a national committee set up legal aid camps and Lok Adalats.
- 1987: the Legal Services Authorities Act was passed. It came into force in 1995, and NALSA began work.
Free legal aid in criminal cases
In a criminal case a person can lose freedom. So the law gives the strongest protection here.
- Courts in India have held that the right to life and personal liberty (Article 21) includes a fair trial, and a fair trial needs a lawyer.
- If an accused person cannot afford a lawyer, the court must provide one at the state's cost. The court must also tell the accused about this right.
- Under criminal procedure law, a poor accused in a sessions trial gets a lawyer paid by the state.
Many countries have the same rule. For example, the USA guarantees a lawyer to a poor accused in serious criminal cases (often called a public defender).
Legal Services Authorities Act 1987 and NALSA
The Act set up a ladder of bodies:
- NALSA (National Legal Services Authority): makes policies and gives money. The Chief Justice of India is its patron-in-chief.
- State Legal Services Authority
- District Legal Services Authority
- Taluk Legal Services Committee (sub-district)
Who can get free legal aid (Section 12)
- Women and children
- Members of Scheduled Castes and Scheduled Tribes
- Persons with disabilities
- Victims of trafficking, disasters, ethnic violence or caste atrocities
- Industrial workers
- People in custody (jail, protective homes)
- People whose yearly income is below a limit set by the government
Lok Adalat (people's court)
A Lok Adalat helps both sides reach a settlement. There is no court fee (and fees already paid are refunded), the decision is final and no appeal lies against it. It reduces the huge pile of pending cases.
Try it
Use the eligibility picker in step 6. Then find your nearest District Legal Services Authority (most have a helpline number, and NALSA runs the national helpline 15100). Write down two kinds of help it offers.
Key formulas and definitions
- Legal aid = free legal advice and representation for those who cannot pay
- Article 39A = the state must provide free legal aid and equal justice
- Article 21 = right to life and liberty; includes a fair trial with a lawyer
- NALSA = National Legal Services Authority (top body, set up under the 1987 Act)
- Lok Adalat = people's court that settles cases by agreement; no fee, no appeal
- Order of authorities: National โ State โ District โ Taluk
Worked examples
1. Ramesh is arrested and cannot pay a lawyer. The magistrate starts the hearing without telling him about free legal aid. Is this right?
No. The court must tell him he can get a free lawyer and provide one. A trial without this is unfair under Article 21.
2. A woman with a good salary wants free legal aid in a property dispute. Is she eligible?
Yes. Under Section 12 of the 1987 Act, women are eligible whatever their income.
3. Two neighbours settle a boundary dispute in a Lok Adalat. One later wants to appeal. Can he?
No. A Lok Adalat award is final and binding; no appeal lies against it.
4. Put in order: Article 39A, Legal Services Authorities Act passed, Act comes into force.
1976 Article 39A โ 1987 Act passed โ 1995 Act in force.
Common mistakes
- Thinking legal aid is only for criminal cases. It also covers civil, family and labour matters.
- Thinking only very poor people are eligible. Women, children, SC/ST members and others are eligible whatever their income.
- Thinking Lok Adalat decisions can be appealed. They are final.
- Mixing up the year the 1987 Act was passed with 1995, when it came into force.