NALSA – National Legal Services Authority

National Legal Services Authority

• NALSA issued Vision 2020 document “Mission Access Justice to All”.
• National Legal Services Authority (NALSA) is statutory authority Constituted under the Legal Services Authorities Act, 1987 to monitor and evaluate implementation of legal aid programmes and to lay down policies and principles for making legal services available under the Act to the weaker sections of the society on the basis of equal opportunity.

Constitutional Provisions

• Article 14 – Makes obligatory for the State to ensure equality before law.
• Article 21 – Right to free legal aid or free legal service is fundamental right.
• Article 22(1) – Right to consult and to be defended by a legal practitioner of his choice in case of arrest.
• Article 39 A (Part IV DPSPs) – of the Constitution of India provides for justice for all and free legal aid to the poor and weaker sections of the society. (Added by 42nd Constitutional Amendment Act, 1976)
• Universal Declaration of Human Rights (1948) – Legal aid as a human right.

Objectives

• To realize constitutional goals, the Legal Services Authorities Act (1987) was enacted by the Parliament to establish a nationwide uniform network.
• Providing free and competent legal services to the weaker sections of the society on the basis of equal opportunity.
• The NALSA lays down policies, principles, guidelines and frames effective and economical schemes for the State Legal Services Authorities to implement the Legal Services Programmes throughout the country.

Structure

• Supreme Court Legal Services Committee – has been constituted to administer and implement the legal services programme in so far as it relates to the SC.
• State Legal Services Authority – In every State have been constituted.
• High Court Legal Services Committee – In every HC have been constituted.
• District Legal Services Authorities – In every district have been constituted
• Taluk Legal Services Committees – constituted in most of the Taluks to provide free legal services to the people and conduct Lok Adalat in the State.

Composition of National Legal Services Authority

• NALSA shall consist of the CJI who shall be the Patron-in-Chief and a serving or retired Judge of the SC to be nominated by the President, in consultation with the CJI, who shall be the Executive Chairman.
• Persons eligible for getting free legal services includes –
  1. Women and children
  2. Members of SC/ST
  3. Industrial workmen
  4. Victims of mass disaster, violence, flood, drought, earthquake, industrial disaster.
  5. Persons in custody
  6. Differently abled persons.
  7. Victims of trafficking in human beings or be gar.

Functions of National Legal Services Authority

• Spreading legal literacy and awareness
• Undertaking social justice litigations.
• To organize Lok Adalats for amicable settlement of disputes.
• Providing free and competent legal aid to the poor and weaker sections of the society.
• To promote deliverable justice on the basis of equal opportunity.
• Victim compensation.
• The State Legal Services Authorities, District Legal Services Authorities, Taluk Legal Services Committees, etc. have been asked to discharge the following main functions on regular basis –
  1. To provide free and competent legal services to the eligible persons.
  2. To organise Lok Adalats for amicable settlement of disputes.
  3. To organise legal awareness camps in the rural areas.
• The free legal services include –
  1. Payment of court fee, process fees and all other charges payable or incurred in connection with any legal proceedings.
  2. Providing service of lawyers in legal proceedings.
  3. Obtaining and supply of certified copies of orders and other documents in legal proceedings.
  4. Preparation of appeal, paper book including printing and translation of documents in legal proceedings.

Legal Aid as a Human Right

• Under Article 21 of Indian constitution right to free legal aid or free legal service is fundamental right.
• Article 39A of constitution (added through 42nd Amendment Act along with Art. 39, 43A, 48A) provides for free legal aid to the poor and weaker sections of the society and ensures justice for all.
• Legal aid as a human right is envisaged in the Universal Declaration of Human Rights, 1948.

 

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