Legal Aid in India: A Comprehensive Guide

What is Legal Aid?

Legal aid is the provision of free legal services to individuals who cannot afford a lawyer. It ensures that every person, regardless of income, has access to justice. In India, legal aid is a constitutional right under Article 39A of the Constitution and is implemented through the Legal Services Authorities Act, 1987.

Who Provides Legal Aid?

India has a multi-tiered legal aid system that ensures services reach all eligible populations:

• National Legal Services Authority (NALSA): Designs central policies and disburses funds.
• State Legal Services Authorities (SLSAs): Implement legal aid programmes at the state level.
• District Legal Services Authorities (DLSAs): Provide legal services in each district.
• Legal Aid Defence Counsel (LADC): Full-time lawyers providing criminal defence for poor individuals.
• Para-Legal Volunteers (PLVs): Community-level workers trained to raise legal awareness and connect people with services.

Who is Eligible for Free Legal Aid?

Free legal aid is available for:

• Women and children
• Members of Scheduled Castes (SC) and Scheduled Tribes (ST)
• Victims of human trafficking or natural disasters
• Industrial workmen
• Persons in custody
• People with income below a state-specified threshold

Where is Legal Aid Available?

Legal aid services are offered in:

• District and taluka courts
• Jails and juvenile justice boards
• Legal aid clinics
• Special mobile vans for remote areas (in some states)
• Lok Adalats and mediation centres

Despite this infrastructure, availability remains uneven—approximately one in six villages still lacks a legal service clinic.

Main Problems in the Legal Aid System

• Low Coverage: Only 15.5 lakh people received legal aid in 2023–24, far below the eligible population.
• Limited Funds: Less than 1% of the justice budget is allocated to legal aid.
• Declining Fund Use: NALSA’s utilisation of funds dropped from 75% (2020–21) to 68% (2022–23).
• Insufficient Para-Legal Volunteers: Some states have very few PLVs; e.g., Gujarat has only 1.2 PLVs per lakh people.
• Low Payments: PLVs and LADC lawyers earn ₹250–₹750/day, discouraging skilled professionals.
• Rigid Spending Rules: SLSAs need prior approval to use NALSA funds, limiting flexibility for awareness campaigns or mobile services.
• Urban Focus: Services are concentrated around court complexes rather than villages or slums where demand is high.

What Needs to be Done?

• Increase the legal aid budget and ensure timely fund allocation.
• Expand PLV coverage, especially in rural and tribal areas.
• Raise remuneration for legal aid professionals to attract competent lawyers.
• Decentralise spending powers for local innovation in legal aid programmes.
• Strengthen monitoring and accountability mechanisms.
• Expand awareness campaigns to inform citizens about their rights.

Synopsis (75 Words)

Legal aid in India is designed to ensure access to justice for all, particularly the poor and marginalised. Although a nationwide system exists through NALSA, coverage is limited due to low funding, underpaid personnel, and restrictive spending rules. Many villages still lack legal clinics, and services remain court-centred. Strengthening legal aid requires increased budgets, decentralised decision-making, and enhanced support for volunteers and defence lawyers. Without these reforms, millions remain deprived of justice.