The National Legal Services Authority (NALSA) is the central authority, constituted under the Legal Services Authorities Act, 1987, to provide free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities, and to organize Lok Adalats for amicable and faster settlement of disputes. It coordinates and monitors the functioning of the Legal Services Institutions constituted across India for proper implementation of legal aid programmes. It was formed on 9th November 1995 and is headed by the Chief Justice of India as the Patron-in-Chief. The NALSA Office is located in the Additional Building Complex of the Supreme Court of India, Tilak Marg, New Delhi (110001). The NALSA Centre for Citizen Services is set up at Jaisalmer House, Man Singh Road, New Delhi-110011. One can approach any of the NALSA Offices during office hours on all working days.
As per Section 4 of the Legal Services Authorities Act, 1987, NALSA has been assigned to perform all or any of the following functions:
- Laying down policies and principles for making legal services available under the provisions of the Legal Services Authorities Act, 1987;
- Framing the most effective and economical schemes for the purpose of making legal services available under the provisions of the Legal Services Authorities Act, 1987;
- Utilizing the funds at its disposal and making appropriate allocations of funds to the State Authorities and District Authorities;
- Taking necessary steps by way of social justice litigation with regard to consumer protection, environmental protection, or any other matter of special concern to the weaker sections of the society and for this purpose, give training to social workers in legal skills;
- Organizing legal aid camps, especially in rural areas, slums, or labor colonies with the dual purpose of educating the weaker sections of the society as to their rights as well as encouraging the settlement of disputes through Lok Adalats;
- Encouraging the settlement of disputes by way of negotiation, arbitration, and conciliation;
- Undertaking and promoting research in the field of legal services with special reference to the need for such services among the poor;
- Doing all things necessary for the purpose of ensuring commitment to the Fundamental Duties of citizens under Part IVA of the Constitution;
- Monitoring and evaluating implementation of the legal aid programmes at periodic intervals and providing independent evaluation of programmes and schemes implemented in whole or in part by funds provided under this Act;
- Providing grants-in-aid for specific schemes to various voluntary social service institutions and the State and District Authorities, from out of the amounts placed at its disposal for the implementation of the legal services schemes under the provisions of this Legal Services Authorities Act, 1987;
- Developing, in consultation with the Bar Council of India, programmes for clinical legal education and promoting guidance and supervising the establishment and working of legal services clinics in universities, law colleges, and other institutions;
- Taking appropriate measures for spreading legal literacy and legal awareness amongst the people and, in particular, to educate weaker sections of the society about the rights, benefits, and privileges guaranteed by social welfare legislations and other enactments as well as administrative programmes and measures;
- Making special efforts to enlist the support of voluntary social welfare institutions working at the grassroots level, particularly among the Scheduled Castes and the Scheduled Tribes, women, and rural and urban labor; and
- Coordinating and monitoring the functioning of State Authorities, District Authorities, Supreme Court Legal Services Committee, High Court Legal Services Committees, Taluka Legal Services Committees and voluntary social service institutions and other legal services organizations and give general directions for the proper implementation of the legal services programs.
A State Legal Services Authority (SLSA) is constituted for every State/Union Territory under Section 6 of the Legal Services Authorities Act, 1987. The SLSA is headed by the Chief Justice of the High Court of the respective State, as its Patron-in-Chief. SLSAs give effect to the policy and directions of NALSA, and are assigned the following functions under Section 7 of the Legal Services Authorities Act, 1987:
- Give legal service to persons who satisfy the criteria laid down under Section 12 of the Legal Services Authorities Act, 1987;
- Conduct Lok Adalats, including Lok Adalats for High Court cases;
- Undertake preventive and strategic legal aid programmes; and
- Perform such other functions as the State Authority may, in consultation with NALSA, fix by Regulations.
Section 9 of the Legal Services Authorities Act, 1987, provides for the constitution of the District Legal Services Authorities (DLSAs) by the State Government, in consultation with the Chief Justice of the High Court, for every District in the State, to exercise the powers and perform the functions conferred on, or assigned to, the DLSA under Sections 10 and 11 of the Legal Services Authorities Act, 1987. The DLSA is headed by the District & Sessions Judge of the respective district as the Chairman, DLSA.
Similarly, Section 11A of the Legal Services Authorities Act, 1987, provides for the constitution of the Taluka Legal Services Committees (TLSC) by the State Authority for each Taluka or mandal or for a group of Talukas or mandals, to exercise the powers and perform the functions conferred on, or assigned to them, under Section 11B of the Legal Services Authorities Act, 1987. The TLSC is headed by the senior Civil Judge operating within its jurisdiction as the ex-officio Chairman.
As per Sections 10 and 11 of the Legal Services Authorities Act, 1987, it shall be the duty of every DLSA to perform such of the functions of the State Authority in the District as may be delegated to it from time to time by the State Authority. The DLSA may perform all or any of the following functions, namely:
- Coordinate the activities of the TLSC and other legal services in the District;
- Organize Lok Adalats within the District;
- Perform such other functions as the State Authority may fix by regulations.
The DLSAs are expected to act in coordination with other agencies and be subject to directions given by the NALSA, for promoting the cause of legal services to the poor.
As per Section 11B of the Legal Services Authorities Act, 1987, it shall be the duty of every TLSC to:
- Co-ordinate the activities of legal services in the Taluka;
- Organize Lok Adalats within the Taluka; and
- Perform such other functions as the DLSA may assign to it.
Section 8A of the Legal Services Authorities Act, 1987, provides that the SLSA shall constitute a Committee to be called the High Court Legal Services Committee (HCLSC) for every High Court, for the purpose of exercising such powers and performing such functions as may be determined by Regulations made by the State Authority. It is headed by a sitting Judge of the concerned High Court, as the Chairman. HCLSCs have been established to provide free and competent legal services to weaker sections of the society who wish to file or defend a case in the concerned High Court of a State.
The Supreme Court Legal Services Committee (SCLSC) is constituted under Section 3A of the Legal Services Authorities Act, 1987, to provide free and competent legal services to those who fall within the purview of Section 12 of the Legal Services Authorities Act, 1987, in cases that fall under the jurisdiction of the Supreme Court of India.
According to Section 2(c) of the Act, “legal services” includes any service in the conduct of any case or other legal proceeding before any court or other authority or tribunal and the giving of advice on any legal matter. It includes free legal services in civil and criminal matters for those poor and marginalized people who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any Court, Tribunal or Authority. Provision of free legal aid may include:
- Representation by an Advocate in legal proceedings;
- Payment of process fees, expenses of witnesses and all other charges (charges such as court fees, stamp duty etc.) payable or incurred in connection with any legal proceedings in appropriate cases (provided that Court Fees will be payable only after an application moved before the concerned Court for suing as an indigent has been disposed of and orders of the Court obtained thereon);
- Preparation of pleadings, memo of appeal, paper book including printing and translation of documents in legal proceedings;
- Drafting of legal documents, special leave petition etc.;
- Supply of certified copies of judgments, orders, notes of evidence and other documents in legal proceedings.
Free Legal Services also include provision of aid and advice to the beneficiaries to access the benefits under the welfare statutes and schemes framed by the Central Government or the State Government and to ensure access to justice in any other manner.
Legal aid is the provision of legal representation to a person in the District Courts, High Courts and Supreme Court or tribunals, by a lawyer assigned by the Legal Service Authority concerned.
Legal Advice and Assistance is the provision of advice on general areas of law as governed by the laws of India by the lawyers employed with the Legal Services Institution concerned. For e.g. if a person has to file a case in court, he would be provided legal aid (in form of assignment of a Legal Services Advocate). However, if he only needs some help in drafting a legal notice to be sent prior to filing of a complaint under Section 138 of the Negotiable Instruments Act 1881, he would get legal consultation/ advice regarding the same. A person who does not come under the purview of Section 12 of Legal Services Authorities Act, 1987, to be eligible for free legal aid, can still avail legal advice and assistance from the Legal Services Institutions.
No. Legal services provided by the Legal Services Institutions are completely free of cost to the beneficiary. All costs involved are borne by the Legal Services Institutions.
No, there is absolutely no charge for getting or submitting an application form for free legal aid.
Yes. One can directly contact on NALSA Helpline Toll-Free Number 15100 to seek urgent legal assistance.
One may approach the NALSA/SLSA/DLSA/TLSC/HCLSC/SCLSC personally; or by post; or through NALSA’s Legal Services Management System (LSMS) portal; or through e-mail. Depending upon the territorial and subject matter jurisdiction of the case, an individual should approach the following appropriate authority:
- Taluka Legal Services Committee which is in the premises of the Court in that Taluka; or
- District Legal Services Authority which is in the premises of the District Court in the District Headquarters; or
- The concerned State Legal Services Authority (as the State Legal Services Authorities maintain a central panel for some categories of cases such as for the Tribunals etc.);
- The High Court Legal Services Committee which is in the premises of the concerned High Court; or
- The Supreme Court Legal Services Committee for cases before the Hon’ble Supreme Court.
Each District Legal Services Authority, High Court Legal Services Committee and State Legal Services Authority has a Front Office where an application for legal aid can be filed.
One can even access and apply on the online portal of NALSA (https://nalsa.gov.in/) or the website of the State Legal Services Authorities.
One can also fill up the ready-made form/application form that is available at the nearest Legal Services Institution and submit the same at either the Legal Services Institution physically, or post the application to the Legal Services Institution.
One can even make an application in writing on a simple piece of paper with the necessary details such as: name, gender, residential address, employment status, nationality, whether SC/ST (with proof in support), income per annum (with affidavit), the case for which legal aid is required etc. and submit it physically or send by post
Another option is to send the application online i.e. by email to NALSA (at nalsa-dla@nic.in). It is also possible to make an application orally - a Paralegal Volunteer or an officer of the concerned Legal Services Institution will assist the person in such cases.
It is possible to avail the services of a lawyer of one’s choice from the Panel of lawyers empanelled with the Legal Services Institution concerned. According to Regulation 7(6) of the National Legal Services Authority (Free and Competent Legal Services) Regulations 2010, the application for legal services will be scrutinized by the Member-Secretary or the Secretary and if the applicant has mentioned/expressed his/her choice of a lawyer on the panel, such Member-Secretary or Secretary can consider and allow the same. However, it is not mandatory to permit the same.
Yes, it is possible to get legal consultation only (which is covered under “legal advice and assistance”).
One can submit the feedback on the LSMS portal; by email or post or by visiting the office of the concerned Legal Services Authority.
As per Section 12 of the Legal Services Authorities Act, 1987, every person who has to file or defend a case shall be entitled to legal services under the Act if that person is--
- A member of a Scheduled Caste or Scheduled Tribe (on producing a certificate in this regard);
- A victim of trafficking in human beings or begar as referred to in Article 23 of the Constitution of India 1950;
- A woman or a child;
- A person with disability as defined in legislations dealing with rights of persons with disabilities;
- A person under circumstances of underserved want such as being a victim of a mass disaster, ethnic, violence, caste atrocity, flood, drought, earthquake or industrial disaster;
- An industrial workman;
- A person in custody, including custody in a protective home within the meaning of clause (g) of Section 2 of the Immoral Traffic (Prevention) Act, 1956 (104 of 1956), or in an observation home, special home, place of safety, children’s home under the juvenile justice laws, or in a psychiatric hospital or psychiatric nursing home under the Mental Healthcare legislations; or
- Person in receipt of annual income less than Rs. 03 lakh or such other higher amount as may be prescribed by the State Government, if the case is before a court other than the Supreme Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the Central Government if the case is before the Supreme Court.
In addition to these categories, any person falling within criteria specially created by the State- specific Legal Aid Regulations may also get free legal aid. (SEE QUESTION NO. 30.)
NALSA also has come up with specific schemes for providing free legal services to its targeted beneficiaries. The schemes are available at https://nalsa.gov.in/acts-rules/preventive-strategic-legal-services-schemes
According to Section 13 (1) of the Legal Services Authorities Act, 1987, any individual who satisfies any criteria under Section 12 is entitled to receive legal services, provided that the concerned Legal Services Institution is satisfied that such person has a genuine case to prosecute or defend the matter. There is hence, no bar as to which kind of cases one can apply and not apply for. All kinds of cases are included as long as the individual satisfies the eligibility under Section 12 of the Legal Services Authorities Act, 1987.
Yes, a woman is entitled for free legal aid irrespective of her income or financial status. A woman is eligible to apply for free legal aid by virtue of Section 12(c) of the Legal Services Authorities Act, 1987.
A child is eligible for free legal aid till the age of majority i.e. 18 years. This is provided in Section 12 (c) of the Legal Services Authorities Act, 1987. So, any child can apply for free legal aid till he turns 18 years old. Even on attaining the age of majority, the child can continue to get free legal aid, if she/ he falls within the other criteria enlisted in Section 12 of the Legal Services Authorities Act, 1987.
A child can apply for legal aid through his parents/ legal guardian.
A child alleged to be in conflict with law is entitled to free legal aid.
Senior citizens’ eligibility for free legal aid depends on the rules framed by the respective State Governments in this regard. In Delhi for example, senior citizens are eligible for free legal aid subject to prescribed ceiling of annual income for senior citizens i.e. Rs. 4 lacs per annum. One may look into the specific State regulations on legal services to check eligibility.
Yes. Section 12 (d) of the Legal Services Authorities Act, 1987, provides for the same.
Yes. Section 12 of the Legal Services Authorities Act, 1987, provides for the same.
Yes. Section 12 of the Legal Services Authorities Act, 1987 provides for the same.
Yes. Section 12 of the Legal Services Authorities Act, 1987 provides for the same.
No. He may only be entitled if he falls within the other categories mentioned in Section 12 of the Legal Services Authorities Act, 1987.
Yes, as per NALSA’s Early Access to Justice at Pre-Arrest, Arrest and Remand framework, persons called for questioning i.e. suspects and persons arrested by the police can also avail free legal aid.
Yes, persons can avail of free legal aid services at the time of production and remand hearing in Magistrate Courts including the courts of Executive Magistrates.
Yes. NALSA has several Preventive & Strategic Legal Services Schemes, the compendium of which is available at https://nalsa.gov.in/acts-rules/preventive-strategic-legal-services-schemes . The list of schemes is as under:
- NALSA (Legal Services to Disaster Victims through Legal Services Authorities) Scheme, 2010;
- NALSA (Victims of Trafficking and Commercial Sexual Exploitation) Scheme, 2015;
- NALSA (Legal Services to the Workers in the Unorganised Sector) Scheme, 2015;
- NALSA (Child Friendly Legal Services to Children and their Protection) Scheme, 2015;
- NALSA (Legal Services to the Mentally Ill and Mentally Disabled Persons) Scheme, 2015;
- NALSA (Effective Implementation of Poverty Alleviation) Scheme, 2015;
- NALSA (Protection and Enforcement of Tribal Rights) Scheme, 2015;
- NALSA (Legal Services to the Victims of Drug Abuse and Eradication of Drug Menace) Scheme, 2015;
- NALSA (Legal Services to Senior Citizens) Scheme, 2016;
- NALSA (Legal Services to Victims of Acid Attacks) Scheme, 2016;
- NALSA’s Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2018;
- Early Access to Justice at Pre-Arrest, Arrest and Remand Stag
Based on Section 12 (h) of the Legal Services Authority Act,1987 and the prevailing State Regulation regarding grant of Legal Aid to a person having annual income less than a prescribed limit, a person may get free legal aid. Those persons who have annual income of 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, are eligible for free legal aid. The income ceiling limit as prescribed by different States/Union Territories is as under:
| S.No | S. No. States/Union Territories Income Ceiling Limit (Per Annum) | Income Ceiling Limit (Per Annum) |
|---|---|---|
| 1. | Andhra Pradesh | Rs.3,00,000/- |
| 2. | Arunachal Pradesh | Rs.1,00,000/- |
| 3. | Assam | Rs.3,00,000/- |
| 4. | Bihar | Rs.1,50,000/- |
| 5. | Chhattisgarh | Rs. 1,50,000/- |
| 6. | Goa | Rs.3,00,000/- |
| 7. | Gujarat | Rs.1,00,000/- |
| 8. | Haryana | Rs.3,00,000/- |
| 9. | Himachal Pradesh | Rs.3,00,000/- |
| 10. | Jammu & Kashmir | Rs.1,00,000/- |
| 11. | Jharkhand | Rs.3,00,000 |
| 12. | Karnataka | Rs.3,00,000 |
| 13. | Kerala | Rs.300,000 |
| 14. | Madhya Pradesh | Rs.1,00,000 |
| 15. | Maharashtra | Rs.3,00,000 |
| 16. | Manipur | Rs.3,00,000 |
| 17. | Meghalaya | Rs.1,00,000 |
| 18. | Mizoram | Rs. 25,000 |
| 19. | Nagaland | Rs.1,00,000 |
| 20. | Odisha | Rs.3,00,000 |
| 21. | Punjab | Rs.3,00,000 |
| 22. | Rajasthan | Rs.3,00,000 |
| 23. | Sikkim | Rs. 3,00,000 |
| 24. | Telangana | Rs.1,00,000 |
| 25. | Tamil Nadu | Rs.3,00,000 |
| 26. | Tripura | Rs. 1,50,000 |
| 27. | Uttar Pradesh | Rs.1,00,000 |
| 28. | Uttarakhand | Rs.3,00,000 |
| 29. | West Bengal | Rs. 1,00,000 |
| 30. | Andaman & Nicobar Islands | Rs.3,00,000 |
| 31. | Chandigarh UT | Rs.3,00,000 |
| 32. | Dadra & Nagar Haveli UT | Rs.15,000 |
| 33. | Daman & Diu | Rs.1,00,000 |
| 34. | Delhi | General –Rs. 3,00,000, Senior citizen- Rs. 4,00,000, Transgender – Rs. 4,00,000 |
| 35. | Lakshadweep | Rs.9,000 |
| 36. | Puducherry | Rs.1,00,000 |
As per Section 13(2) of the Legal Services Authorities Act, 1987, an affidavit made by a person as to his income is generally regarded as sufficient for making him/her eligible for the entitlement of legal services under the Act, unless the concerned Authority has reasons to question or disbelief such affidavit.
Yes. If he falls within any other category mentioned in Section 12 of the Legal Services Authorities Act, 1987. For e.g. a man from the Scheduled Tribe, even if he is earning Rs. 10 lakhs per annum, is eligible for free legal aid.
Generally no. The application for legal aid has to be made in person generally and not through an authorized representative (except in cases of children or person with mental illness). The legal aid application has to be accompanied by the Affidavit sworn by the person seeking grant of legal aid (when a person is claiming free legal aid based on annual income criteria) and such an Affidavit cannot be made on behalf of some other person. However, in some cases, if the person seeking legal aid is incapacitated for some reason to apply in person for legal aid, his duly authorized representative/ person holding his General Power of Attorney may apply for legal aid.
Yes. One may still apply for free legal aid. However, before assignment of a legal aid counsel, the person may have to furnish a No Objection Certificate from the earlier counsel or copy of judicial order discharging the private counsel (where applicable).
Yes. One can apply for legal aid for challenging orders passed by the High Courts as well as the Supreme Court.
No. The very fact that a person belongs to the SC/ST community entitles him to get free legal aid. The legal aid application needs to be supported by a certificate issued by the appropriate authority in this regard.
A person who is facing criminal trial and is in police/ judicial custody is entitled to get free legal aid irrespective of his financial status or social standing. There is no bar under Section 12 of the Legal Services Authorities Act, 1987 to provide Free Legal Aid to a wealthy businessman if he happens to be a prisoner.
Yes. He can apply for free legal aid in these scenarios as well. He may apply through the prison authorities or the prison legal aid clinic established by the Legal Services Institutions along with the legal aid formal application and custody certificate.
Yes, if he meets the eligibility criteria of Section 12 of the Legal Services Authorities Act, 1987.
The grant of legal aid can be considered for filing a petition before the High Courts or Supreme Court against any interlocutory order including the rejection of bail. Such a person can get free Legal Aid if he/she satisfies the conditions and eligibility criteria as laid down under Section 12 of the Legal Services Authorities Act.
Yes, such a person may apply for legal aid through email or LSMS Portal, provided he/ she meets the criteria under Section 12 and 13 of the Legal Services Authorities Act, 1987.
Legal aid providers include Panel Lawyers, Legal Aid Defence Counsels and Paralegal Volunteers, who are empanelled with the Legal Services Institutions. These persons are neither government lawyers/ agents or public servants.
Panel lawyers are lawyers who are empanelled with the Legal Services Institutions for a fixed tenure. They provide legal representation for the concerned Legal Services Institutions but are permitted to provide representation on private legal cases too.
Legal Aid Defence Counsels are appointed by the District Legal Services Authority to provide legal representation in criminal matters within the district. They are attached to the Legal Aid Defence Counsel office and are dedicated only to provide legal aid services i.e. they cannot take up any private legal cases. They are neither Government pleaders or advocates nor public servants.
Paralegal volunteers (PLVs) are volunteers selected from diverse social and educational backgrounds through the process of NALSA’s Para-Legal Volunteers Scheme. They are expected to act as intermediaries in bridging the gap between the common people and the Legal Services Institutions reaching out to the people at their doorsteps.
The Legal Services Institutions under the Legal Services Authorities Act, 1987 provide legal aid and assistance in civil as well as criminal cases. They also provide assistance in quasi- criminal or judicial cases. They also provide legal assistance and legal aid in cases before Tribunals and Forums.
Yes, even in matrimonial cases, legal aid is provided.
Yes. Legal Services Institutions are duty bound to provide legal aid to such categories of persons as well as per Section 12(c) of the Legal Services Authorities Act, 1987. Section 40 of the Protection of Children from Sexual Offences Act, 2012 also provides for the same. NALSA has also come up with a Scheme titled “Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes - 2018”, which has been used as a template by other States to formulate a Scheme for victim compensation. Victims of sexual crimes are paid compensation in terms of the prevailing schemes for victim compensation and the SLSAs are the disbursement authority for the compensation.
A victim of domestic violence can file an application for free legal aid in her nearest Legal Services Institution. She can also seek compensation under the NALSA’s Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes – 2018. The concerned Legal Services Institution can assist such a woman in filing court cases. Such a woman can also be provided counselling services. Further, the Legal Services Institution can also collaborate with various NGOs, Women Cells etc. which can then provide specialised assistance in such cases.
NALSA helps individuals access legal aid through different Legal Services Institution such as SLSAs/DLSAs, if they meet the eligibility criteria under Section 12 and 13 of the Legal Services Authorities Act, 1987. It encourages individuals to resolve their land and property related disputes through Alternative Dispute Resolution mechanisms (Lok Adalat and Mediation).
Yes. One can approach the nearest Legal Services Institution for such cases through the standard procedure of applying for legal aid.
Yes, Legal Services Institutions can offer legal aid to individuals facing wrongful incarceration, striving to rectify miscarriages of justice through proper legal representation. The concerned Legal Services Institution identify such persons who are wrongly incarcerated and then assist them to file appropriate applications before the concerned court or board.
Yes, Legal Services Institutions can provide legal aid in cases of wrongful termination or unfair labour practices under Section 12 (f) of the Legal Services Authorities Act, 1987. Their issues are also addressed under the NALSA (Legal Services to the Workers in the Unorganized Sector) Scheme, 2015 by mobilizing the machinery of the State Government and the District Administration to identify and register all unorganized workers in all categories and to extend the benefits of all government schemes.
Under Section 12 (a) of the Legal Services Authorities Act, 1987, a member of a Scheduled Caste or Scheduled Tribe is entitled to seek free legal aid. Such persons can approach their nearest Legal Services Institution or visit Legal Services Clinics to avail free legal aid.
Yes, the personal information of the clients approaching the Legal Services Authorities is kept confidential.
Yes, one can apply to get free legal aid at any stage of the case as long as one is eligible to obtain free legal services as per Section 12 of the Legal Services Authorities Act, 1987. Even if a person had a personal lawyer before and now requires a legal aid lawyer only at the stage of appeal (and is eligible under Section 12 of the Legal Services Authorities Act, 1987), the person can make an application to avail the same. Even if a person has engaged a private lawyer, he/ she can also get second opinion from Panel Lawyers.
Legal aid is provided to the entitled persons through legal services authorities existing from the National to Taluka levels including the NALSA, State Legal Services Authorities, District Legal Services Authorities, Taluka Legal Services Committees, Supreme Court Legal Services Committee and High Court Legal Services Committees. If, however, an application or request for legal aid is received by NALSA, NALSA forwards the same to the concerned Legal Services Institution. Once the application is submitted with the proper authority, it would be perused by the concerned Legal Services Institution as to what action is needed upon the same. The information about the next step on the application would then be sent to the parties concerned. The action taken on an application received would vary from providing counselling/advice to the parties, providing a lawyer to represent them in the court, etc.
Once the application is allowed, the applicant is given intimation about the assignment of a lawyer. A letter of appointment is also issued to the assigned lawyer with a copy to the applicant. The lawyer would thereafter contact the applicant at the earliest. The applicant may also contact the lawyer in the meanwhile.
According to Regulation 7(5) of the National Legal Services Authority (Free and Competent Legal Services) Regulations 2010, the application for legal services will be scrutinized by the Member-Secretary or the Secretary and if any individual is aggrieved by the decision made upon their application, he/she has an option to appeal to the Executive Chairman or Chairman of the Legal Services Institution and the decision resulting from the appeal would be a final one.
Once the application is scrutinized by the concerned authorities, the information of its success or failure is given to the applicant in the following ways:
- If the application was made physically at the front office of any Legal Services Institution, an address (either residential or email) for correspondence is usually noted and information regarding the application is sent to the same.
- If the application is made online via the LSMS Portal via the NALSA website, an application number is generated, and the appropriate Legal Services Institution is contacted. The applicant can track the status of the application on the online portal itself.
- If the application has been received from Government Departments / Centralized Public Grievance Redress and Monitoring System (CPGRAM), an email is sent to the applicant. The applicant can also get a scanned copy of the application on the CPGRAM website. Remarks regarding the application are also made on CPGRAM website and the website of the Legal Services Institution.
Legal Aid can be denied at the initial stage before the application for legal aid is accepted. It can also be withdrawn at the later stage after the application has been accepted and legal aid has been provided. Legal aid can be denied or withdrawn in the following circumstances:
Regulation 6 of the National Legal Services Authority (Free And Competent Legal Services) Regulations, 2010 provides that the applicant shall be informed that if free legal services have been obtained by furnishing incorrect or false information or in a fraudulent manner, the legal services shall be stopped forthwith and that the expenses incurred by the Legal Services Institutions shall be recoverable from him or her.
A complaint can be made regarding the conduct of a Legal Services Institution to the higher authority in the following hierarchical order:
One can request one’s legal aid lawyer to give update about the case status and the next date of hearing. Additionally, one may download the ‘e-courts’ app on mobile phone or visit their website here- https://services.ecourts.gov.in/ecourtindia_v6/ and enter the case details to find out all information related to the case.
Yes, a person can get legal advice for more than one matter.
Lok Adalat is a forum for alternative dispute resolution in India. It is a people’s court where disputes are settled amicably, without the need for lengthy court proceedings.
The following types of cases can be settled in the Lok Adalats:
One can approach the Lok Adalat even at the pre-litigation stage (i.e. before a case is filed in the Court of law). If a case falling under the above category is pending in the Court, the concerned party may request the Court to have the matter referred to the Lok Adalat.
However, matters relating to divorce and criminal cases which are non-compoundable under the Code of Criminal Procedure cannot be referred to the Lok Adalat.
There are many advantages of settlement of a case in the Lok Adalat, some of which are as follows:
It is an inexpensive forum for amicable resolution of a dispute between an aggrieved person and a Public Utility Service provider.
A ‘Public Utility Service’, as defined by Section 22-A(b) of the Legal Services Authorities Act, 1987, means any-
Yes, Permanent Lok Adalats for Public Utility Services have jurisdiction in respect of matters relating to an offence, which are compoundable under any law.
The Permanent Lok Adalats for Public Utility Services would decide disputes relating to deficiency in service, claims for damages/ compensation, recovery of money, etc., pertaining to all Public Utility services.
No. A party to a dispute can only make an application to the Permanent Lok Adalats for Public Utility Services for settlement of dispute, before the dispute is brought before in any Court or Statutory Forum and not thereafter.
An application can be filed before the Permanent Lok Adalats for Public Utility Services on a plain paper depicting the true and correct facts and the details of the person/Authority/public utility services provider against whom relief is claimed, on any working day. Such an application should however, be accompanied by supporting documents and copies to be furnished to the opposite party.
Yes. The appearance of the parties in person is necessary at the time of conducting conciliation proceedings between the parties, but they may not be required to appear in person at the time of filing of applications for taking cognizance of case by Permanent Lok Adalat.
No, there is no requirement of affixing any Court Fee.
No. After an application is made to the Permanent Lok Adalat, no party to that application shall invoke jurisdiction of any other Court in the same dispute.
No, the Permanent Lok Adalat is not bound by the Code of Civil Procedure, 1908 and the Indian Evidence Act, 1872.
Permanent Lok Adalat shall be guided by the principles of natural justice, objectivity, fair play, equity and other principles of justice as per Section 22-D of the Legal Services Authorities Act, 1987.
Every award of the Permanent Lok Adalat made either on merit or in terms of a settlement agreement, shall be final and binding on all the parties thereto and on persons claiming under it as per Section 22-E (1) of the Legal Services Authorities Act, 1987 and shall not be called in question in any original suit, application or execution proceeding as per Section 22-E (4) of the Legal Services Authorities Act, 1987.
The Award made by Permanent Lok Adalat shall be by a majority of the persons constituting the Permanent Lok Adalat.
Yes, the Award passed by the Permanent Lok Adalat (Public Utility Services) shall be deemed to be a decree of a civil court and executable as if it were a decree made by that court.
The main difference between these two Lok Adalats is when one of the parties to a dispute, pending before any Court and referred to the Regular Lok Adalat or a pre-litigation case, does not agree, the other party will be advised to pursue his remedies by approaching Civil Court/ Appropriate Forum, but in the Permanent Lok Adalat for Public Utility Services, even if one of the parties fail to reach an agreement during conciliation proceedings, it may decide the dispute on merits under Section 22-C (8) of the Legal Services Authorities Act, 1987 and such a decision shall be final and binding on all the parties thereto and on persons claiming under them under Section 22-E (1) of the Legal Services Authorities Act, 1987 and shall not be called in question in any original suit, application or execution proceeding as per Section 22-E(4)of the Act.
Mediation is a non-binding negotiation process in which a neutral third person facilitates the parties to the dispute in arriving at a mutually acceptable settlement. The process is informal where the outcome of the dispute is controlled by the parties themselves. The entire process is confidential. Civil cases, matrimonial and family disputes are best suited for mediation.
NALSA as well as other Legal Services Institutions regularly conduct legal literacy and awareness programmes about the rights of the weaker and marginalized sections of the society. These awareness and legal literacy programmes are organized not only in cities and towns but also in rural and remote areas. Legal Literacy Clubs and Clinics have also been set up in schools and colleges. The activities conducted are duly reported in NALSA’s newsletters and annual reports.
They do so by organizing legal literacy camps and programs to empower marginalized communities with knowledge about their legal rights and responsibilities.
They organize programs in educational institutions to enhance legal awareness among students, ensuring a foundation of legal knowledge from an early age. It conducts awareness programs such as legal literacy workshops and seminars in schools and colleges. It engages students in interactive sessions using Acts and presentations. It also distributes informative brochures and pamphlets about child rights. Various legal service clinics are also established in schools and colleges.
They collaborate both at national and international levels to share resources, expertise, and best practices. At national level, they collaborate with Ministries, NGOs, Law Schools and Judicial Academies to conduct seminars, workshops, campaigns etc. At international level, they collaborate with international bodies, organizations etc. to share their resources and expertise.