Concept of Legal Aid in India – Legal Aid in India is one of the important parts of the judicial system. Legal Aid provides free legal service in a court proceeding to those people who can not afford a lawyer or to all persons in the weaker section of society. The main purpose of legal aid is to provide equal justice amongst the people.
Concept of Legal Aid in India
In India, Legal Aid is necessary for the upliftment of the weaker section in society. Poor and needy people are enabled to engage the lawyer and The main points of legal aid are distribution justice, successful implementation of welfare benefits, and end of social and fundamental oppression of the poor.
The Constitution of India aims to protect the economically, socially and politically weaker elements in society. As per Articles 38 and 39A of the Indian Constitution, the state should work hard for the protection of the weaker sections of the society and provide them justice and provide free legal aid to the weaker sections of the society.
The percentage of poverty in India after independence was very high. At that time there were very few people in India who could afford legal assistance. While poverty is the reason, illiteracy is also the reason for not getting the same legal assistance.
But as people began to get educated. They became financially strong and appointed lawyers for legal assistance, but in the meanwhile, some people became poorer and because of their poverty and illiteracy they could not afford legal expenses, so They had to suffer injustice.
Therefore, several committees were appointed to give suggestions on legal aid in India and to determine its functioning. The committees suggested several models to the Government of India.
Concept of Legal Aid in India
Here are some committees formed to look into legal aid programs in the country
1) Justice P N Bhagwati Committee
2) Justice Krishna Iyer Committee Report
3) The Committee for Implementing Legal Aid Schemes
1) Justice P N Bhagwati Committee
The P N Bhagwati Committee was formed under the chairmanship of Justice P N Bhagwati. The report stated that an effective legal aid system is needed to correct the imbalance between rich and poor.
2) Justice Krishna Iyer Committee Report
There was another committee chaired by Justice Krishna Iyer which focused on identifying people in need of legal aid and arranging for legal aid to reach the public.
3) The Committee for Implementing Legal Aid Schemes
In 1980, the government formed a committee under the chairmanship of Justice Bhagwati which is known as the Committee for Implementing Legal Aid Schemes (CILAS). The main objective of this committee was to bring all the legal aid programs underway in the country under one roof.
Concept of Legal Aid in India
In 1987, the Central Government enacted The Legal Service Authority Act, 1987 for legal aid And the aim of this enactment was to give legal aid a statutory recognition and create a permanent pattern of the legal aid system. The Act came into force on 9 November 1995 by the amendment act of 1994. On December 5, 1995, the National Legal Services Authority was formed. The main objective of the National Legal Services Authority was To frame the most effective and affordable plans for legal services.
The Legal Service Authority Act, 1987
Bodies created under The Legal Service Authority Act, 1987
1) The National Legal Services Authority
2) The State Legal Services Authority
3 District Legal Services Authority
The Legal Services Authority Act, 1987, is an important piece of legislation in India that aims to provide free and competent legal services to the weaker sections of society to ensure that justice is accessible to all. Under this act, several bodies and authorities have been established to facilitate the provision of legal aid and services. Here are some of the key bodies created under the Legal Services Authority Act, 1987:
National Legal Services Authority (NALSA):
NALSA is the apex body responsible for formulating policies and monitoring the implementation of legal aid programs and services across India. It coordinates and supports the efforts of state and district-level authorities.
State Legal Services Authority (SLSA):
Each state and union territory in India has a State Legal Services Authority, which is responsible for implementing legal aid programs and services within its jurisdiction. SLSAs work in coordination with the NALSA and the District Legal Services Authorities.
District Legal Services Authority (DLSA):
DLSAs are established in each district of India to provide legal aid and services at the grassroots level. They are responsible for identifying beneficiaries, organizing legal aid clinics, and coordinating with lawyers and other stakeholders to ensure access to justice.
Taluka Legal Services Committee (TLSC):
In some states, Taluka Legal Services Committees are established at the taluk level to extend legal aid and services to a smaller geographic area within a district. These committees work under the guidance of the DLSA.
High Court Legal Services Committee:
High Court Legal Services Committees are formed in each High Court to oversee and coordinate legal aid activities at the state or union territory level. They assist in the implementation of legal aid programs and initiatives.
Supreme Court Legal Services Committee:
The Supreme Court Legal Services Committee is responsible for overseeing legal aid programs and services at the national level. It provides support and guidance to NALSA and ensures the effective implementation of legal aid initiatives.
These bodies together form a hierarchical structure that aims to provide legal aid and services to those who are unable to afford legal representation. The primary objective is to ensure that justice is accessible to all, especially the marginalized and disadvantaged sections of society. Please note that the specific names and structures of these bodies may vary from state to state in India, but the overarching framework remains consistent with the Legal Services Authority Act, 1987.