Legal Services Authorities

From Justice Definitions Project

What are Legal Service Authorities/Institutions?

The Legal Services Authorities have been established under the Legal Services Authorities Act, 1987, to provide free and competent legal services to the weaker sections of society to ensure that opportunities for securing justice are not denied to any citizen because of economic or other disabilities and to organize Lok Adalats to secure that the operation of the legal system promotes justice based on equal opportunity.[1]

The key responsibilities of the authorities are to promote legal knowledge, offer free legal aid, and mediate conflicts peacefully. It provides free legal aid by way of providing the efficient services of lawyers. Any person, who fulfills the criteria, is entitled to free legal aid. It includes (Central, State & District) Authorities and (Supreme Court, High Court & Taluk) Legal Services Committees.

Official Definition

Constitutional Framework

The Preamble to the Constitution of India, promises of securing to all the citizens, Social, Economic, and Political justice. Articles 14 and 22(1) of the Constitution make it obligatory for the state to ensure equality before the law and equal opportunity for everyone. To further this promise Article 39A provides for free legal aid and competent legal services to the weaker sections of society on the basis of equal opportunity.[2]

As per these Constitutional provisions, a nationwide uniform network of legal service institutions were established under the Legal Services Authorities Act, 1987.[3] The Act provides for the legal foundation and its functioning at various levels, including the National Legal Services Authority (NALSA) at the national level, State Legal Services Authorities (SLSAs) at the state level, District Legal Services Authorities (DLSAs) at the district level, and Taluk Legal Services Committees (TLSCs) at the taluk or sub-district level. Additionally, the Act lays down the functions, composition and powers of these authorities.[4]

'Legal Service Authority' as defined in Legislation

While the term 'Legal Service Authority' has not been specifically defined in the 1987 Act, the different kinds of Legal Service Authorities and their framework have been defined under the Legal Services Authorities Act, 1987.

The National Legal Services Authority (Free and Competent Legal Services) Regulations, 2010 has defined Legal Services Institution means the Supreme Court Legal Services Committee, the State Legal Services Authority, the High Court Legal Services Committee, the District Legal Services Authority, and the Taluk Legal Services Committee as Legal Services Institutions.[5]

Kinds of Legal Services Institutions

National Legal Services Authority

Chapter II of the National Legal Services Authority Act lays down the provisions for the constitution of the National Legal Services Authority and the functions performed by them. The body is to be constituted by the Central Government. It shall consist of the Chief Justice of India as Patron-in-Chief, a serving or retired judge of the Supreme Court to be nominated by the President, in consultation with the CJI, who shall be the executive chairman. The Central Government is also required to appoint a person to be the Member-Secretary and the term of the office and other related conditions are prescribed by the Central Government in consultation with the CJI.

The NALSA lays down policies and principles for making services available to the people. It has also been given the responsibility to utilize the funds at its disposal and make appropriate allocations of funds to the State Authorities and District Authorities. Additionally, it organizes legal aid camps, especially in rural areas, slums or labour colonies; programmes for legal education and encourages the settlement of disputes through Lok Adalats and other alternative dispute resolution methods. It further takes necessary steps by way of social justice litigation concerning consumer protection, environmental protection or any other matter of special concern to the weaker sections of society and for this purpose, gives training to social workers in legal skills. It also undertakes the duty to promote research in the field of legal services with a special reference to the need for such services among the poor. Finally, people who lack basic amenities. Finally, it coordinates and monitors the functioning of all the other authorities below it and gives general directions for the proper implementation of the legal services programmes.

Supreme Court Legal Services Committee

The central authority is also assisted by the Supreme Court Legal Services Committee which was established under Section 3A of the Legal Services Authorities Act, 1987 to provide free and competent legal services to the weaker sections of society in cases that fall under the jurisdiction of the Supreme Court of India. It comprises of a sitting Supreme Court judge as the chairperson, along with other members with experience and qualifications as prescribed by the Central Government. The Chief Justice of India (CJI) can appoint the Secretary to the Committee.

The powers have been given to the Central Authority (NALSA) to prescribe functions of the Supreme Court Legal Services Committee. The same are contained in section 5 of the Supreme Court Legal Service Committee Regulations, 1996 which includes receiving and scrutinizing applications for legal services, administering and implementing the legal service programmes, maintaining panels of advocates among others.

State Legal Services Authorities

Chapter III of the Act lays down the constitution of State Legal Services Authorities and its functions. Every state is required to constitute a body called the Legal Services Authority for the State to exercise the powers and perform the functions assigned to it. The constitution of the State Legal Services Authority involves several key components. Firstly, it includes the Chief Justice of the High Court, who assumes the role of the Patron-in-Chief. Secondly, a serving or retired Judge of the High Court is nominated by the Governor in consultation with the Chief Justice of the High Court to serve as the Executive Chairman. Additionally, the State Government nominates other members possessing specific experience and qualifications, in consultation with the Chief Justice of the High Court.[6]

It functions as a crucial institution responsible for executing a range of vital tasks. Its foremost duty lies in implementing the policies and directives laid out by the Central Authority (NALSA), thereby ensuring the uniformity and effectiveness of legal services across the state. A significant part of its role revolves around delivering legal aid to individuals who meet the specified criteria, ensuring that justice is accessible to those who cannot afford legal representation. Moreover, the State Authority conducts Lok Adalats, including those addressing High Court cases, as a means of expeditiously resolving disputes. In addition to these core functions, it also undertakes preventive and strategic legal aid programs designed to educate and empower individuals about their legal rights, thus preventing and mitigating legal issues.[7]

High Court Legal Services Committees (HCLSCs)

There are also the High Court Legal Services Committees (HCLSCs) which are established under section 8A of the Legal Services Authorities Act, 1987 by each High Court in India to give effect to the policies and directions of the State Legal Services Authority (SLSA) and oversee the delivery of legal aid and assistance in the state. It is headed by the Chief Justice of the High Court and includes other judges, lawyers, and social workers. The functions of these Committees have not been laid down in the Act. Its function are determined by the Regulations made by SLSA.

District Legal Services Authorities

The District Legal Services Authority, established under section 9 of the Legal Services Authorities Act, 1987 by the State Government in consultation with the Chief Justice of the High Court, plays a pivotal role in the legal services framework. This authority comprises the District Judge as its Chairman and other members appointed by the State Government in consultation with the Chief Justice.[8]

The District Authority's primary duty is to execute functions delegated to it by the State Authority, essentially acting as an extension of the State Authority within the district. These delegated functions include coordinating the activities of the Taluk Legal Services Committee and other legal services within the district, organizing Lok Adalats locally, and performing additional functions set by State Authority regulations. This ensures the efficient delivery of legal services at the grassroots level, tailored to the specific needs of the district's population.[9]

In discharging its responsibilities under the Act, the District Authority is expected to collaborate effectively with various governmental and non-governmental institutions, universities, and other entities engaged in promoting legal services for the disadvantaged. [10]

Taluk Legal Services Committee

Additionally, the Act provides for the establishment of Taluk Legal Services Committees to extend legal services even further into local communities. These Committees are constituted by the State Authority for each taluk or mandal or for a group of taluks or mandals. It is headed by a senior Civil Judge operating within the jurisdiction of the Committee who is its ex-officio Chairman. Further, it has members nominated by the State Government in consultation with Chief Justice of the High Court possessing prescribed qualifications and experience as prescribed by the respective State Government.[11]

The functions of such Committees is to - co-ordinate the activities of legal services in the taluk, organize Lok Adalats within the taluk; and perform such other functions as the District Authority may assign to it.[12]

Legal Provision relating to 'Legal Services Authorities'

Legal Provisions linked to Legal Services Authorities are laid down in the Legal Services Authorities Act, 1987. Legal Services are governed by the Act and are headed by the NALSA. Further, National Legal Services Authority (Free and Competent Legal Services) Regulations 2010 cover its particulars.

Eligibility to get free legal services

The categories of individuals listed under Section 12 of the Legal Services Authorities Act are eligible to receive free legal services. These include:[13]

  1. A member of Scheduled Castes or Scheduled Tribes.
  2. A victim of human trafficking or beggar, as mentioned in Article 23 of the Constitution.
  3. A woman or a child.
  4. A person with disability as defined in clause (s) of Section 2 of the Persons With Disabilities Act, 2016.
  5. 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.
  6. An industrial worker.
  7. 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 a juvenile home within the meaning of clause(j) of Section 2 of the Juvenile Justice Act, 1986 (53 of 1986) or in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of Section 2 of the Mental Health Act, 1987(14 of 1987).
  8. Individuals in receipt of annual income less than the amount mentioned in the following schedule (or any 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 Rs. 5 Lakh, if the case is before the Supreme Court.
  9. Further, some other categories of persons have been included in some States like - HIV affected Persons, senior Citizens, victims of acid attacks, transgender persons, and victims of drug abuse.

The Income Ceiling Limit prescribed under Section 12(h) of the Act for availing free legal services in different States.[14]

States/ Union Territories Income Ceiling Limit (Per Annum) Any category other than specified in Section 12 of the Legal Services Authorities Act, 1987 eligible for legal aid in your State.
Andhra Pradesh Rs. 3,00,000/-
Arunachal Pradesh Rs. 1,00,000/- Transgender
Assam Rs. 3,00,000/-
Bihar Rs. 1,50,000/- (a) a transgender (b) a senior citizen (c) a person infected with HIV or suffering from Cancer of any type (d) a worker of an unorganized sector (e) an acid attack victim
Chhattisgarh Rs. 1,50,000/-
Goa Rs. 3,00,000/-
Gujarat[15] Rs. 3,00,000/- Victims of Mob Lynching and Transgenders
Haryana Rs. 3,00,000/- As per Rule- 19 of the Haryana State Legal Services Authority Rules, 1996, there are 10 categories other than those specified in Section-12 of the Legal Services Authorities Act, 1987 who are eligible for legal aid in the State of Haryana are as under:-

1. To a person in a psychiatric hospital or psychiatric nursing home within the meaning of clause (q) of Section 2 of the Mental Health Act, 1987; or 2. In a test case, the decision of which is likely to affect cases of numerous other persons belonging to the poor and weaker sections of the society; or 3. To a person, in a special case, which for reasons to be recorded in writing is considered otherwise deserving of legal service where the means test is not satisfied, or 4. To a person in the case where the High Court or the Supreme Court provides legal service under any order in that case legal service would be deemed to have been provided by the Authority/Committee in relaxation of all the conditions laid down in this rule, or 5. To a person in case of public interest litigation. 6. To an ex-serviceman, and the families of such persons who have died in action; or 7. To riot victims, and the families of such persons as well as terrorist victims and families of such persons; or 8. To freedom fighters; or 9. Transgender people, or 10. Senior Citizen that is person who is citizen of India and has attained the age of 60 years or above.

Himachal Pradesh Rs. 3,00,000/- Transgender & HIV Positive
Jammu and Kashmir Rs. 1,00,000/-
Jharkhand Rs. 3,00,000/-
Karnataka Rs. 3,00,000/-
Kerala Rs. 300,000/-
Madhya Pradesh Rs. 2,00,000/-
Maharashtra Rs. 3,00,000/-
Manipur Rs. 3,00,000/-
Meghalaya Rs. 3,00,000/-
Mizoram Rs. 25,000/-
Nagaland Rs. 100,000/-
Odisha Rs. 3,00,000/-
Punjab Rs. 3,00,000/-
Rajasthan Rs. 3,00,000/-
Sikkim Rs. 3,00,000/-
Telangana Rs. 3,00,000/-
Tamil Nadu Rs. 3,00,000/-
Tripura Rs. 1,50,000/-
Uttar Pradesh Rs. 3,00,000/-
Uttarakhand Rs. 3,00,000/- 1. Ex-Servicemen

2. Persons from the transgender community 3. Senior Citizens 4. HIV/AID Infected Persons

West Bengal Rs. 1,00,000/-
Andaman and Nicobar Islands Rs. 3,00,000/-
Chandigarh Rs. 3,00,000/-
Dadra & Nagar Haveli Rs. 15,000/-
Daman & Diu Rs. 1,00,000/-
Delhi Rs. 3,00,000/- 1. Senior citizens with an annual income of less than Rs. 4 lakh

2. Transgender with an annual income of less than Rs. 4 lakh 3. Victims of acid attack 4. Persons infected & affected with HIV (AIDS)

Lakshadweep Rs. 3,00,000/-
Puducherry Rs. 1,00,000/-
Ladakh Rs. 1,00,000/-

What is Covered in Free Legal Aid?

The provision of free legal aid includes various forms of support, such as:

a) Representation by an advocate in legal proceedings.

b) Payment of process fees, expenses of witnesses, and all other charges payable or incurred in connection with any legal proceedings in appropriate cases.

c) Preparation of pleadings, memo of appeal, and paper book including printing and translation of documents in legal proceedings.

d) Drafting legal documents, special leave petitions, etc.

e) Supplying certified copies of judgments, orders, evidence notes, and other documents from legal proceedings.

Free Legal Services also include the 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.

According to Section 2(c) of the Legal Services Authorities Act, 1987, “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[16]

Lok Adalats

NALSA along with other Legal Services Institutions conducts Lok Adalats. Lok Adalat is one of the alternative dispute redressal mechanisms, it is a forum where disputes/cases pending in the court of law or at pre-litigation stage are settled/ compromised amicably. Lok Adalats have been given statutory status under the Legal Services Authorities Act, 1987. Under the said Act, the award (decision) made by the Lok Adalats is deemed to be a decree of a civil court and is final and binding on all parties and no appeal against such an award lies before any court of law. If the parties are not satisfied with the award of the Lok Adalat though there is no provision for an appeal against such an award, but they are free to initiate litigation by approaching the court of appropriate jurisdiction by filing a case by following the required procedure, in exercise of their right to litigate.

There is no court fee payable when a matter is filed in a Lok Adalat. If a matter pending in the court of law is referred to the Lok Adalat and is settled subsequently, the court fee originally paid in the court on the complaints/petition is also refunded back to the parties. The persons deciding the cases in the Lok Adalats are called the Members of the Lok Adalats, they have the role of statutory conciliators only and do not have any judicial role; therefore they can only persuade the parties to come to a conclusion for settling the dispute outside the court in the Lok Adalat and shall not pressurize or coerce any of the parties to compromise or settle cases or matters either directly or indirectly. The Lok Adalat shall not decide the matter so referred at its own instance, instead the same would be decided on the basis of the compromise or settlement between the parties. The members shall assist the parties in an independent and impartial manner in their attempt to reach amicable settlement of their dispute.

Digital Initiatives

In recent years, with growth in digitalisation in the country, NALSA and state legal authorities have also started comprehensively engaging with digital initiatives to increase access. These initiatives utilise the digital medium to reach beyond the geographical, cultural, linguistic, and social barriers that traditionally blocked citizens' ability to avail legal aid.

NALSA Legal Services Management System (LSMS) Portal

The LSMS portal is the centralised mechanism created by NALSA to for availing legal aid services and to raise grievances. Through this portal citizens can -

  • Register for free legal aid online
  • Track the progress of their application on a real time basis
  • Access services provided by NALSA and other State, District, and Taluk level legal aid authorities
  • Download forms and access other required information
  • Easy contact facilities with the appropriate authorities

This platform serves as a crucial link between citizens and legal aid providers smoothening the procedure with transparency and accountability by utilising the digital infrastructure.

NALSA Legal Aid Toll Free Helpline (Dial 15100)

NALSA toll free helpline allows easy access to legal aid facilities on a simple phone call. This helpline is available throughout the year and provided multilingual support in almost all of the major languages of India. Further, like all services of Legal Services Authorities this services is totally free of cost. The call gets transferred to either the District or the State Legal Services Authorities' legal aid desk through which a legal practitioner provides the required consultation. These services are provided without any discrimination and are especially helpful in case of an urgent requirement.

Tele-Law: Mainstreaming Legal Aid

Department of Justice has partnered with NALSA and CSC e-Governance Service India Limited for mainstreaming legal aid to the marginalised communities through Common Services Center (CSC). Tele-Law means the use of communications and information technology for the delivery of legal information and advice. This e-interaction between lawyers and people would be through the video-conferencing infrastructure available at the CSCs. The concept of Tele-Law is to facilitate delivery of legal advice through a panel of lawyers stationed at the front office of Legal Services Authorities and CSC. The project initiates to connect citizens with panel lawyers through video conferencing/telephone facilities by the Village Level Entrepreneur identified in 2,50,000 gram panchayat.[17]

  • Tele-Law service to be covered by 2,50,000 CSCs across 28 states and 8 UTs of India, through video conferencing / Telephone.
  • Preferably women para legal volunteers to be identified and empowered. They would be engaged in CSCs for enabling access to legal aid for rural citizens.
  • Tele-Law model will facilitate legal advice through expert panel of lawyers placed at CSCs and Legal Services Authorities.

Tele-Law service uses video conferencing facility and telephone services to connect lawyers to litigants who need legal advice. This service aims to reach out to the needy especially the marginalized and disadvantaged. The service is provided through Common Service Centers or CSCs located at gram panchayat level. Further, Tele Law service enables anyone to seek legal advice without wasting precious time and money. The service is free of cost for all citizens.

Tele-Law Program: A Journey Towards Legal Empowerment

2017: Inception of the Tele-Law Program

The Tele-Law program was launched by the Government of India in 2017 as a digital legal empowerment initiative. This program aimed to connect marginalized citizens with Panel Lawyers through video conferencing and telephone services available at Common Service Centres (CSCs) located in rural Gram Panchayats. Initially, Tele-Law was introduced as a pilot project to provide pre-litigation legal advice and assistance in North-Eastern states and Union Territories, including Jammu & Kashmir and Ladakh, covering a total of 800 CSCs.

2019: Expansion to New Regions With encouraging results from the pilot project, Tele-Law was further expanded in December 2019 to two major states, Uttar Pradesh and Bihar, covering an additional 1,000 CSCs. A significant milestone was reached in September 2019 with the launch of the Aspirational Districts Project, extending the reach of Tele-Law to 28,060 CSCs in 115 Aspirational Districts across India. The goal was to extend legal services to districts requiring special focus and improvement. 2020-2021: Reaching New Heights

By the year 2021, the Tele-Law program was scaled up to 50,000 Gram Panchayats across 28 states and 6 Union Territories. This expansion was facilitated by the increasing demand for accessible legal advice and justice services among rural citizens.

2022: Empowering 1,00,000 CSCs Recognizing the critical role of digital platforms in expanding legal services, Tele-Law’s outreach was further broadened in 2022, bringing the program to 1,00,000 CSCs. The network of CSCs enabled the government to offer inclusive legal aid across a larger section of the citizen specially rural.

2023: Universal Free Services In April 2023, the Tele-Law program was further extended to cover 2,50,000 CSCs across 2,50,000 Gram Panchayats in 783 districts nationwide. This remarkable growth facilitated the provision of pre-litigation advice services to all citizens of India, reflecting a commitment to ensure that justice is accessible to every individual.By August 2023, 50,00,000 beneficiaries had successfully received advice under this initiative, marking a significant milestone in the program's outreach and impact.

2024: Launch of Tele-Facilitation Centers and Enhanced Legal Assistance In the year 2024 the Tele-Facilitation Centers, providing comprehensive support for legal services through a dedicated toll-free number were launched 14454. Another key initiative introduced in 2024 involved the provision of free doorstep legal assistance across 500 Aspirational Blocks in India. In this initiative, 500 Nyaya Sahayaks were trained and deployed in these aspirational blocks to provide door-to-door legal assistance to citizens. During this period, the program successfully delivered 1 crore pre-litigation advice sessions to citizens across 2,50,000 Gram Panchayats, including urban blocks, marking a significant success for the initiative.

Legal matters in which advice can be taken through Tele-Law service:-

  • Dowry, family dispute, divorce, protection from domestic violence.
  • Sexual harassment, sexual abuse, eve teasing at the workplace.
  • Maintenance of women children and senior citizens.
  • Rights regarding property and land.
  • Equal wages for males and females.
  • Maternity benefits and prevention of foeticide.
  • Prohibition of child marriage, protection of children from sexual assault, prevention of child labour and implementing right to education.
  • Arrest – (F.I.R)/ process of registering the First Information Report.
  • Atrocities against scheduled castes/ scheduled tribes and their rehabilitation.

Legal Services Mobile App

In 2021 NALSA launched its Legal Services Mobile App in collaboration with the Department of Justice (DoJ) to further ease access to legal aid services for the poor and other marginalised communities. It is a part of comprehensive series of digital innovations undertaken by NALSA like Tele-Law (2017), Nyaya Bandhu (2019) and finally this app.[18]

Services Available through the App

  1. Apply online for legal aid services through the mobile phone
  2. Option which allows to virtually apply for mediation
  3. Provides access to victim compensation programs
  4. Information about the various schemes and other programs of NALSA

How the App works?

  1. Download the app from Google Play Store or the IOS app store
  2. After downloading the app choose the service you want to access i.e. free legal aid, victim compensation, mediation and the institution with whom you want to connect i.e. NALSA ,State Legal Service Authority (SLSA), High Court Legal Service Committee (HCLSC), Supreme Court Legal Service Committee(SCLSC), District Legal Service Committee(DLSC), Taluqa Legal Service Committee (TLSC).
  3. After selecting institution a page of nature of grievance will appear and detail is required to be filed accordingly.
  4. After filling case detail next page related to personal detail will appear i.e. date of birth, education, place of residence, parentage etc and after filling this page the next page will open in which case detail is required to be filled ,accordingly case will be registered and the generated registration ID and Dairy number will be send to them in their phone number or given email id.
  5. In the same way application for other relief could be filled giving detail of relief, personal information and case.
  6. Under the App also a person can trace his application status using registration id or dairy number. Under the app, national help line number is also given 15100, any person with this app in his mobile could get his query resolved using this number and can also submit his grievance using NALSA email id ([email protected]).
  7. Apart from this using the App information of all schemes and notification of NALSA could be accessed.

E-Lok Adalat

When the country was hit by the COVID-19 pandemic NALSA devised an ingenious solution to keep providing access to affordable means of Alternative Dispute Resolution through the E-Lok Adalat. Since e-Lok Adalats are organized simultaneously with regular Lok Adalats, benches are constituted on the basis of volume of cases referred by various courts or tribunals and institutions for pre-litigation cases. The first e-Lok Adalat was held in Madhya Pradesh on 27.06.2020. The service helped citizens to access affordable dispute resolution mechanisms even when they were unable to visit these institutions physically.

Legal Aid Case Management System (LACMS)

The Legal Aid Case Management System (LACMS) is an interface designed for advocates empanelled under the Legal Services Authorities, allowing them to manage and work on their assigned cases.

Challenges and Criticisms

The legal aid architecture in India is amid dire straits. Despite constitutional promises and seemingly robust institutional support, Legal Services Authorities face systemic issues which undermine its effectiveness and go against the constitutional promise of providing equal access to justice.

1. Underfunding Crisis

Legal aid apparatus suffers from chronic and persistent underfunding resulting in dwindling quality of services. According to the India Justice Report India's per capita legal aid spending is limited to Rs 6.46, constituting a less than 0.5% of states' justice budgets. This abysmal situation pulls down what could have been a robust mechanism into what former Chief Justice of India (CJI) U.U. Lalit aptly termed as "poor legal aid for the poor" in 2022. Morevor, a report published by Centre for Research and Policy (CRP) of the Supreme Court reveals that legal aid clinics in law colleges and universities are plagued by underfunding, hurting the access to justice at the grassroots level.

2. Inadequate Human Resource and Infrastructure

The legal aid mechanism is not only under the crunch from the underfunding crises but is also plagued by glaring lack of human resources and infrastructural requirements. A 2018 study by the Commonwealth Human Rights Initiative (CHRI) indicates that only five legal aid lawyers are available per one lakh people. Moreover, legal aid lawyers face multifaceted challenges as per a study which reflects their frustrations with the system-

  • Low Compensation - Over 23% of the legal aid lawyers blamed low honorarium; this was also revealed by the IndiaSpend report indicating how these lawyers are severely underpaid.
  • Crumbling Infrastructure - Almost 20% of the lawyers identified the lack of required infrastructural facilities like chambers for interacting with lawyers.
  • Payment Delays - Legal aid lawyers are not only paid low payments but at many times, as complained by 34% of these lawyers there payments are delayed as well.
  • Administrative Burden - These lawyers are expected to perform several administrative tasks along with their usual activities, wasting significant time which could have been utilised for performing necessary services.

Further, a study by Justice S. Muralidhar in 2004, reflected that much of these funds are used up for administrative functions rather than for legal aid itself. Finally, lawyers who do step forward for providing legal aid face horrible working conditions, threat to life and ignorance of gender and other sensitivities.

3. Poor Quality of Representation

The systematic issues plaguing legal aid have create a massive divide negatively affecting how access to justice should look like. In India a situation has been created in which only the people who have access to proper economic resources are able to engage good lawyers and get desirable outcomes; while those who lack resources have limited access to justice even when their case has merit. The Supreme Court in Ramanand @ Nandlal Bharti v. State of UP observed how legal aid counsels are just for namesake and fail to provide the needed representation.

Further, the Access to Justice Report, 2016, shows that more than 90% of litigants earn less than Rs 3 lakhs per annum and even in while facing such economic backwardness people do not prefer free legal aid truly reflecting its bad state. Also, according to the India Justice Report, 2019, over 80% of Indian population is eligible for free legal aid yet only 15 million have taken its benefit indicating how people avoid it.

This dire situation forces the citizens who need these services the most, namely, Dalits, Adivasis, Gendered and Religious minorities to either rely on overworked legal aid lawyers with possible poor representation or to stake their livelihood on expensive lawyers. In conclusion, structural inequality is created between litigants based on economic capacity debilitating justice itself.

4. Limited Technological Integration

When the world is pacing in the technological race and new AI models and other futuristic softwares are being rolled out, India's legal services authorities lag behind. Incorporating modern technological innovation on the likes of artificial intelligence models and other systems could help to strengthen legal aid. However, the lack of technological integeration further contributes in the problems affecting free legal aid in India.

Research that engages with Legal Services Authorities

Hope Beyond Bars? Status Report on Legal Aid for Persons in Custody

This report published by the Commonwealth Human Rights Initiative examines the challenges that hinder the effectiveness of laws intended to benefit incarcerated individuals. Data collection from jails and courts presented significant difficulties. Data analysis is done region-wise across India and gives significant weight to access to free legal aid for prisoners.

Report On Study of Implementation of National Legal Services in the State of Gujarat

This report, published by the Centre for Social Justice takes note of the level of implementation of the National Legal Services in Gujarat as of 2008. When funds allocated to legal services authorities are mismanaged, it leads to a decline in the quality of legal aid provided. This, in turn, results in dissatisfaction among those who rely on these services. Hence, to check the efficiency this study used a few important parameters: the improper utilisation of funds given to the district and state legal services authorities impacts the quality of service delivery, dissatisfaction in the beneficiaries is because of the low quality of services delivery and monitoring systems for quality management has direct impact on quality of the services delivered.

Prisons, Courts and Legal Aid: Experience of the Fair Trial Program in Maharashtra

This report is part of the Fair Trial Fellowship Program of Project 39 A for providing legal representation to Pune and Nagpur Central Prisons. This report analyzes empirically supported trends to propose improvements to the legal aid system. It confirms long-standing concerns about structural barriers within the criminal justice system and the limitations of state-sponsored legal aid.

The Mediation Gap: Where India Stands and How Far It Must Go:

This article published by Daksh India takes a deeper dive into mediation in India. Mediation is one of the most important alternative resolution methods and the Indian judicial system has tried to incorporate all the methods including mediation as a legitimate method of solving disputes. However, in this article, the authors have recommended some steps that might help in creating a more conducive environment for mediation to work effectively in India. Since mediation is one of the primary methods employed by the Legal Services Authorities, the recommendations apply to them equally. Additionally, the data used for measuring the effectiveness of the current institutions in place has been taken from the websites of legal services authorities.

Access to Justice Survey: Introduction, Methodology, and Findings (2015-16):

This survey conducted by Daksh for the year 2015-16 delves into citizens' access to justice including access to free legal services. One of the main objectives of the Legal Services Authorities is to make access to justice easy by providing free legal services and alternative dispute dispute resolution methods to all and in this report, the authors also evaluate the accessibility in the civil cases through legal services authorities. The survey tries to understand the effectiveness through interviews of current litigants and also tries to determine how social profile affects ease of access.

Role Of Legal Services Authorities In Providing Legal Services: A Study With Reference To The State Of Haryana- A Thesis:

This study is the thesis of Punjab University PhD candidate Sunil Chauhan which examines India's extensive legal aid programme, which stands out for its emphasis on the court and extensive qualifying standards that include almost 80% of the country's population. The structural and functional framework is built on the Legal Services Authorities Act of 1987 and the National Legal Services Authority's rules. While legal aid functions at various levels, the study focuses on Haryana as a representative state. To find weaknesses and suggest fixes, the study thoroughly examines alternative dispute resolution methods, community outreach programmes, and court-based legal assistance. It provides valuable insights for policymakers, Legal Services Authorities, researchers, and stakeholders interested in th multifaceted legal aid landscape in India.

Functions of ADR in Assam With Special Reference to the National Legal Services Authorities Act 1987 : An Analytical Study:

This paper is the doctoral thesis of PhD student, Milan Khan of Gauhati University and is a comprehensive study that delves into the realm of Alternative Dispute Resolution (ADR) in the Indian state of Assam. It embarks on an exploration of the historical evolution of ADR practices in India specifically evaluating the effectiveness of Lok Adalats in resolving disputes. In addition to historical insights, the research paper offers a thorough analysis of the statutory provisions related to ADR under the Indian Constitution and various legislations. It discusses the potential reforms needed to enhance ADR procedures and its utilization in different legal domains, such as criminal cases, civil disputes, and family matters. The paper concludes with a detailed examination of the findings derived from the research, highlighting the scope for further investigations in the field of ADR in Assam. It offers conclusions and valuable suggestions for policymakers, legal practitioners, and scholars to enhance the ADR framework in the state and potentially influence ADR practices across India.

The Legal Services Authorities Act 1987- An Analytical and Critical Study of the State of Rajasthan with Special Reference to Neighboring States:

This research paper is the doctoral thesis of PhD student Satish Kumar Meena of Mohan Lala Sukhadia University and is devoted to a thorough examination of Rajasthan's legal system. It aims to investigate different aspects of the Legal Services Authorities Act of 1987 in this specific state. While Rajasthan continues to be the major emphasis, the study also includes a comparison component by specifically mentioning the neighbouring state of Jharkhand. The study achieves its objective by comparing and contrasting the execution and efficacy of legal aid and services programmes in Rajasthan and Jharkhand. By including Jharkhand in the study, the study gives a wider view on the region's legal services system and identifies areas that may need modification.

A study on assessing management effectiveness of the existing district legal services authorities in few rural regions of Punjab:

This paper is the doctoral thesis of PhD student Neha of the Sant Longowal Institute of Engineering and Technology and focuses on assessing the effectiveness of District Legal Services Authorities (DLSAs) in delivering comprehensive legal services in Barnala and Sangrur districts of Punjab. Data in this report was collected through questionnaires from various stakeholders, such as lawyers, the general public, paralegal volunteers, and legal awareness camp participants. The analysis of this data revealed several problems and limitations in the existing system, leading to suggestions for improvement. In summary, the study examines the challenges in achieving justice for all and evaluates the performance of DLSAs in addressing these issues.

International Experiences

The esatblishment of Legal service Authority and Alternative Dispute Resolution (ADR) mechanisms represents a global recognition that traditional court systems alone cannot adequately serve the justice needs of all it's citizens.This is supported by Upendra Baxi's study of the Lok Adalat at Rangpur in Gujarat.It had considerable impact on the democratization of access to justice in state legal systems establishing a foundational framework for understanding how informal dispute resolution mechanisms can serve the subaltern. Across Asia, several nations have developed their innovative systems that parallel India's Legal Services Authorities, each adapted to their unique cultural, social, and legal contexts.These systems are based on common objective : reducing the burden on formal courts, providing access to the subaltern and resolving disputes efficiently and cost effectively. we have a comparitive analysis for 5 Asian countries , examining how each country has institutionalized alternative mechanisms for dispute resolution.

  1. Bangladesh:Bangladesh's Salish system is one of the oldest and most deeply rooted forms of community based dispute resolution in South Asia.The term "Salish" flows from Arabic, meaning reconciliation or settlement and has been practiced in the Bengal region for centuries, predating formal colonial legal systems. The Salish functions mainly at the village level, wherein the community elders, local leaders and sometimes union council members convene to hear disputes between parties. The system handles a plethora of matters including family disputes, land conflicts, minor criminal offenses and social issues . The process is naturally informal with proceedings typically conducted in open spaces within the village making justice accessible to those who might find formal courts intimidating or financially inaccessible. However, the system has faced significant backlash due to its insignificant treatment of women and weaker sects. Esatblished power structures generally dominate these platforms, and therefore decisions may reflect patriarchal norms rather than reflecting constitutional guarantees of equality.To rectify this, Bangladesh has implemented reforms through the Local Government Act and established formal oversight mechanisms to ensure that Salish proceedings are in accordance with the fundamental rights. The government has further incentivised this traditional practice by integrating it with the formal justice system. The local government herein the Union Parishad has now provided a coherent framework for Salish proceedings, maintaining records and ensuring some degree of accountability. This new approach attempts to maximise the efficiency and accessibility of traditional dispute resolution while mitigating its potential for abuse.
  2. Malaysia: Malaysia has a system known as "Pusat Mediasi Malaysia" (Malaysian Mediation Centre). It serves as a platform for alternative dispute resolution, offering parties an opportunity to settle their disputes in a non-adversarial manner.[19]
  3. Philippines: The Philippines has a system "Katarungang Pambarangay" (Barangay Justice System), which operates at the grassroots level. Its aim is to settle disputes through mediation and conciliation in the local community.[20]
  4. Indonesia: It has a system called "Badan Arbitrase Nasional Indonesia" (Indonesian National Arbitration Board) which provides arbitration services for the resolution of commercial disputes outside of the formal courts.[21]
  5. Sri Lanka: Sri Lanka has the "Gramaraka Niladhari" system, which operates at the village level and focuses on resolving minor civil disputes within the local community.[22]

References

  1. Legal Services Authorities Act 1987
  2. The Constitution of India 1950
  3. ‘National Legal Services Authority (NALSA): Department of Justice: India’ (Department of Justice | India) <https://doj.gov.in/access-to-justice-for-the-marginalized/> accessed 7 June 2024
  4. ‘About Us’ (National Legal Services Authority!, 8 January 2019) <https://nalsa.gov.in/about-us#:~:text=The%20National%20Legal%20Services%20Authority,for%20amicable%20settlement%20of%20disputes> accessed 7 June 2024
  5. The National Legal Services Authority (Free and Competent Legal Services) Regulations 2010, s 2(e)
  6. The Legal Services Authorities Act 1987, s 6
  7. The Legal Services Authorities Act 1987, s 7
  8. The Legal Services Authorities Act 1987, s 9
  9. The Legal Services Authorities Act 1987, s 10
  10. The Legal Services Authorities Act 1987, s 11
  11. The Legal Services Authorities Act 1987, s 11A
  12. The Legal Services Authorities Act 1987, s 11B
  13. (National Legal Services Authority) <https://nalsa.gov.in/faqs> accessed 7 June 2024
  14. Manual for District Legal Services Authorities 2023
  15. Notification no. GK/09/2025/LSA/2000/2814/D dated 13/05/2025. https://legal.gujarat.gov.in/Documents/Notification/glsa-rule-20-3-lac-income15052025105316.pdf
  16. (National Legal Services Authority) <https://nalsa.gov.in/faqs> accessed 7 June 2024
  17. [1]
  18. Tiwari S, ‘Legal Services Mobile App Introduced by Nalsa-Suman Tiwari - BW Legalworld’ (BW Legal , 9 August 2021) <http://bwlegalworld.businessworld.in/article/Legal-Services-Mobile-App-Introduced-By-NALSA/09-08-2021-399959/> accessed 25 November 2025
  19. Nasrul MA and others, ‘A Comprehensive Comparative Analysis of Mediation Practices in Indonesia and Malaysia’ (2024) 6 Khazanah Hukum 63
  20. Chapman P, ‘Hybrid Courts in East Asia & Pacific: A Recipe for Success?’ <https://blogs.worldbank.org/en/eastasiapacific/hybrid-courts-in-east-asia-pacific-a-recipe-for-success> accessed 25 November 2025
  21. (Badan Arbitrase Nasional Indonesia) <https://baniarbitration.org/> accessed 25 November 2025
  22. ‘Grama Niladhari: Grassroots Go-between State and Common Man (The Sundaytimes Sri Lanka) <https://www.sundaytimes.lk/130714/news/grama-niladhari-grassroots-go-between-state-and-common-man-52904.html> accessed 7 June 2024