Annually observed on the 9th of November, National Legal Service Day (NLSD) aims to spread awareness around ensuring a fair and just procedure for all citizens. The Supreme Court of India instituted this special occasion in 1995 with the primary intent of providing support and assistance to the poorer and weaker sections of society.
A crucial aspect of NLSD is the provision of free legal services concerning matters before Civil, Criminal and Revenue Courts, Tribunals, or any other authority executing judicial or quasi-judicial functions. Local jurisdictions actively partake in NLSD by organizing legal aid camps, Lok adalats, and legal aid programs.
The Underlying Constitutional Provisions
The Constitution of India under Article 39A mandates the state to secure the operation of the legal system that promotes justice based on equal opportunity. Furthermore, it also ensures the provision of free legal aid either through suitable legislation, schemes, or otherwise, with an aim to prevent denial of opportunities for securing justice due to economic or other disabilities.
Articles 14 and 22(1) further obligate the state to guarantee equality before the law and promote a legal system that offers equal opportunities to all for justice.
The Objectives of Legal Service Authorities
Legal Service Authorities are primarily responsible for providing free legal aid and advice. They work fervently towards spreading legal awareness, organizing lok adalats, promoting settlements of disputes through Alternative Dispute Resolution (ADR) Mechanisms. Their range of ADR mechanisms include Arbitration, Conciliation, Judicial settlement, settlement through Lok Adalat, or Mediation. Additionally, they offer compensation to victims of crime.
Institutions Providing Free Legal Services
Several institutions operate at various levels to provide free legal services. The National Legal Services Authority (NALSA), established under the Legal Services Authorities Act, 1987 and headed by the Chief Justice of India, operates at a national level.
On a state level, each state has a State Legal Services Authority. The Chief Justice of the State High Court assumes the role of its Patron-in-Chief.
At the district level, the District Judge of the District oversees the District Legal Services Authority as its ex-officio Chairman. For Taluka/Sub-Division, senior Civil Judges head the Taluka/Sub-Divisional Legal Services Committee. There are also specialized committees for High Court and Supreme Court matters.
Eligibility for Free Legal Services
Free legal services extend to women, children, members of SC/ST, industrial workmen, victims of mass disaster, violence, flood, drought, earthquake, industrial disaster, disabled persons, persons in custody, and victims of Trafficking in Human beings or begar.
Furthermore, individuals with an annual income 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, can avail free legal aid.