Article 39A of the Constitution of India provides for free legal aid to the poor and weaker sections of the society and ensures justice for all. Articles 14 and 22(1) of the Constitution also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on the basis of equal opportunity to all. In the year. Legal Services Authorities Act was enacted to constitute legal services authorities for providing free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice were not denied to any citizen by reason of economic or other disabilities and to organize Lok Adalats to ensure that the operation of the legal system promoted justice on a basis of equal opportunity. The interpretation of this Act in the light of its object reveals that it is a very good legislation for the amicable and speedy disposal of disputes. The Act extends to the whole of India. For the proper implementation of the provisions of the Legal Services Authorities Act, 1987 various authorities have been created at national, state, district and taluka level. These authorities have also been established at the level of Supreme Court and High Court. In this article we shall discuss provisions related to National Legal Services Authority (NALSA) of the Legal Services Authorities Act, 1987

In 1987, the Legal Services Authorities Act was enacted by the Parliament which came into force on 9th November, 1995 to establish a nationwide uniform network for providing free and competent legal services to the weaker sections of the society on the basis of equal opportunity. The National Legal Services Authority (NALSA) has been 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.

In every State, a State Legal Services Authority and in every High Court, a High Court Legal Services Committee have been constituted. District Legal Services Authorities, Taluk Legal Services Committees have been constituted in the Districts and most of the Taluks to give effect to the policies and directions of the NALSA and to provide free legal services to the people and conduct Lok Adalats in the State.

National Legal Services Authority (NALSA)

National Legal Services Authority (NALSA) is the apex authority for providing legal services under Section 3 of the Legal Services Authorities Act, 1987. It is the central authority. It is constituted to provide free legal services to the weaker sections of society and ensure that justice is not denied to any citizen due to economic or other disabilities.

National Legal Services Authority (NALSA) is headed by the Chief Justice of India (as the Patron-in-Chief) and a sitting or retired judge of the Supreme Court (as the Executive Chairman).

Constitution of NALSA:

The Chief Justice of India (CJI) serves as the Patron-in-Chief of NALSA. A senior Supreme Court judge, either sitting or retired, is appointed as the Executive Chairman by the President of India in consultation with the Chief Justice of India.

Objectives of NALSA:

• Provide free legal aid and services to the poor, marginalized, and disadvantaged sections of society.
• Promote legal literacy and awareness across the country.
• Organize Lok Adalats for amicable settlement of disputes and reducing the burden on the judiciary.
• Develop and implement nationwide policies and schemes for legal aid.
• Work towards enhancing access to justice, especially for underprivileged groups.

Functions of NALSA:

Section 3 of the Legal Services Authorities Act, 1987 gives functions of the Central Authority.

• Policy formulation: NALSA formulates policies and programs for making legal services accessible to weaker sections of society.
• Coordination and monitoring: It coordinates and monitors the activities of State Legal Services Authorities (SLSAs) and ensures that legal aid programs are implemented effectively across India.
• Legal Aid: NALSA provides legal aid in civil, criminal, and other matters to eligible individuals as prescribed under the Act.
• Lok Adalats: NALSA organizes and supervises the functioning of Lok Adalats, an alternative dispute resolution mechanism where cases can be settled amicably and expeditiously.
• Legal literacy programs: It organizes camps, seminars, and workshops to spread legal awareness, especially in rural areas.
• Representation in courts: NALSA helps individuals who cannot afford legal representation by providing them with legal aid lawyers.

Section 5 of the Legal Services Authorities Act, 1987 5. Central Authority to work in coordination with other agencies.—lays down that in the discharge of its functions under this Act, the Central Authority shall, wherever appropriate, act in coordination with other governmental and non-governmental agencies, universities and others engaged in the work of promoting the cause of legal services to the poor.

Schemes and Programs of NALSA:

NALSA has launched various schemes aimed at providing legal aid, such as:

• Legal Aid Clinics: Set up in rural and remote areas to make legal services accessible to people in need.
• Victim Compensation Scheme: Provides compensation to victims of crimes.
• Paralegal Volunteers (PLVs): NALSA trains PLVs to assist individuals in accessing legal services.
• Legal Literacy Programs: These programs are organized to spread awareness about legal rights and remedies.

Significance of NALSA:

NALSA plays a critical role in fulfilling the constitutional mandate of ensuring justice to all, especially the weaker sections, as provided under Article 39A of the Indian Constitution. It bridges the gap between the legal system and the people by making legal services accessible to the needy, promoting alternative dispute resolution methods, and enhancing legal literacy.

Thus, NALSA is a crucial institution in delivering justice and fostering legal empowerment for the weaker and marginalized sections of Indian society.

Supreme Court Legal Services Committee (SCLSC):

The Supreme Court Legal Services Committee (SCLSC) is a statutory body established under Section 3A of the Legal Services Authorities Act, 1987, to provide free legal services to eligible persons in matters before the Supreme Court of India. The SCLSC operates under the supervision of the National Legal Services Authority (NALSA) and plays a vital role in ensuring access to justice for the weaker sections of society at the highest judicial level.

Constitution of SCLSC:

A sitting judge of the Supreme Court, nominated by the Chief Justice of India, acts as the Chairman of the SCLSC. A person, typically a senior advocate or judicial officer, is appointed as the Secretary to oversee the day-to-day functioning of the committee. The committee may include lawyers, social workers, and individuals experienced in providing legal aid, who assist in delivering legal services to eligible individuals.

Objectives of SCLSC:

• Provide free legal services and representation to eligible individuals in cases before the Supreme Court of India.
• Ensure that access to justice is not denied due to financial constraints or other barriers.
• Facilitate alternative dispute resolution through the organization of Lok Adalats at the Supreme Court level.
• Spread legal awareness and help individuals navigate the legal system at the apex court level.

Functions of SCLSC:

1. Free Legal Aid: The SCLSC provides free legal representation in the Supreme Court to those who are eligible under the Act. This includes filing petitions, drafting legal documents, and representation by legal professionals.
2. Legal Representation: SCLSC appoints experienced advocates, known as panel lawyers, to represent individuals before the Supreme Court in civil, criminal, or other legal matters.
3. Legal Advice: The committee provides free legal advice to eligible individuals, helping them understand their legal rights and options.
4. Lok Adalats: The SCLSC organizes Lok Adalats at the Supreme Court level for the amicable settlement of disputes, ensuring faster resolution without the need for formal court procedures.
5. Legal Awareness: The committee conducts programs and workshops to promote legal literacy and awareness about the availability of free legal aid services.

Importance of SCLSC:

The SCLSC plays a critical role in ensuring access to justice at the highest level of the judiciary. It ensures that even the most disadvantaged sections of society can seek legal recourse in the Supreme Court of India, regardless of their financial situation. By organizing Lok Adalats and providing free legal representation, the SCLSC helps reduce the burden of litigation and promotes the efficient administration of justice.

How to Apply for Legal Aid through SCLSC:

Individuals seeking legal aid from the SCLSC can apply by submitting an application along with documents proving their eligibility (such as income certificates or other documents) to the Secretary of the SCLSC. The application is then reviewed, and if the applicant meets the eligibility criteria, legal aid is provided in the form of legal representation, advice, or assistance in filing petitions.

Thus, the Supreme Court Legal Services Committee (SCLSC) ensures that justice is accessible to all citizens, especially those from economically and socially disadvantaged backgrounds. It provides free legal services, organizes Lok Adalats, and promotes legal awareness, fulfilling the mandate of Article 39A of the Indian Constitution, which guarantees equal justice for all.

Conclusion:

The National Legal Services Authority (NALSA) plays a pivotal role in promoting access to justice for all citizens, particularly the underprivileged and marginalized sections of society. Established under the Legal Services Authorities Act, 1987, NALSA is responsible for formulating and overseeing the implementation of legal aid schemes across the country, ensuring that Article 39A of the Indian Constitution, which mandates equal justice and free legal aid, is realized in practice.

NALSA works through a decentralized structure, which includes the State Legal Services Authorities (SLSAs), District Legal Services Authorities (DLSAs), Taluk Legal Services Committees (TLSCs), and the Supreme Court Legal Services Committee (SCLSC), to provide free legal assistance and promote legal literacy. Its initiatives such as organizing Lok Adalats, promoting alternative dispute resolution (ADR) mechanisms, and establishing legal aid clinics are crucial in reducing the backlog of cases and providing timely and cost-effective justice. Through its comprehensive legal aid programs, NALSA ensures that vulnerable groups, including women, children, Scheduled Castes (SC), Scheduled Tribes (ST), persons with disabilities, and others, are able to access legal resources and representation, thereby upholding the principle of social justice and equality before law.