Module 1: Understanding Legal Services Institutions
1.1 Introduction
The Indian justice system essentially has five critical pillars: the judiciary (courts), the bar (lawyers), the executive (Ministry of Law and Justice), law enforcement (police), and Legal Service Institutions (LSIs).
Beyond being legal institutions, LSI’s are important instruments of social transformation, mandated to democratize legal access, address systemic inequalities and provide pathways for marginalized communities to exercise their legal rights. In short, LSIs are tasked with bridging the gap between this constitutional promise and on-ground realities.
They do this through a network of interconnected legal aid providers composed of Legal Aid Lawyers (LALs) and Paralegal Volunteers (PLVs) who function as a bridge between grassroots communities and the formal justice systems. In a country where approximately 80% of the population—over 100 crore people or more than a billion—qualify for legal aid, a mere 85,000 legal aid providers are engaged nationally to meet the justice needs of this population.
LSIs in India have the constitutional mandate to ensure that no citizen is denied justice due to their socio-economic conditions, serving as primary interfaces for persons who need to engage with the pillars of the formal justice system.
It therefore comes as no surprise that since its inception in 1995, LSIs have assisted only 15 million of those eligible for help.
Access to justice is a cornerstone of democracy. India’s constitutional and statutory framework mandates that no citizen should be denied justice due to economic or other disabilities. Legal Aid Services Institutions (LSIs) have emerged as pivotal instruments to fulfil this promise, bridging the gap between the law and the most marginalized communities.
This chapter provides an overview of LSIs: their constitutional basis, evolution, organisational structure, eligibility criteria for legal aid, schemes administered by the National Legal Services Authority (NALSA), budgetary considerations, and landmark judgements pertaining to legal aid.
DID YOU KNOW?
Through progressive judicial interpretation, the scope of Article 21 has been significantly expanded to include the right to free legal aid as an integral part of the right to life and personal liberty. The Supreme Court, in Hussainara Khatoon (IV) v. State of Bihar, AIR 1979 SC 1396, categorically held that free legal services are essential to a fair, reasonable, and just procedure, and are therefore implicit in Article 21. This position has been further affirmed in subsequent decisions, including Khatri & Ors. v. State of Bihar, (1981) 1 SCC 627, and Mohammed Ajmal Mohammed Amir Kasab alias Abu Mujahid v. State of Maharashtra, (2012) 8 SCR 295, wherein the Apex Court emphasised the imperative of State-funded legal representation.
1.2 Constitutional Mandate for Legal Aid
Legal aid in India is deeply rooted in the Constitution. Article 39A, introduced through the 42nd Amendment in 1976, directs the State to provide free legal aid to ensure that justice is not denied due to economic or other disabilities. This is further reinforced by:
Article 14: Guaranteeing equality before law,
Article 21: Interpreted to include the right to legal aid as part of the right to life and personal liberty,
Article 22(1): Granting the right to be defended by a legal practitioner of one’s choice.
Article 39A ensures that the operation of the legal system promotes justice on the basis of equal opportunity, by obligating the State to provide free legal aid through appropriate legislation, schemes, or other means. In addition, Articles 14 and 22(1) enshrine the principles of equality before the law and the right to legal representation, thereby reinforcing the State’s duty to promote a just and equitable legal system.
The judiciary has also cast a positive obligation on Magistrates to ensure that no individual remains unrepresented in any proceeding before the court.
1.3 Evolution of Legal Aid in India
The roots of institutional legal aid in India trace back to the immediate post-independence era. In 1949, two significant committees were constituted to study and recommend legal aid mechanisms—the Bombay Committee, chaired by Justice N. H. Bhagwati, and the Trevor Harries Committee in West Bengal. These two committees spearheaded early legal aid initiatives in India following independence. They emphasised that providing legal aid is a service and an obligation of the state, not charity, and should be available to both parties in legal proceedings. The committee also suggested improving existing legal aid systems and ensuring access to legal advice for all, including the poor. They brought the matter of legal aid to the Law Commission's attention for recommendations on making it an effective tool for social justice. Both committees laid the early foundation for a structured approach to legal assistance. Kerala was the first state to translate intent into action by enacting the Kerala Legal Aid (to the Poor) Rules in 1958, setting a precedent for other states. The same year, the 14th Law Commission of India, in its report on Reforms in the Administration of Justice, devoted an entire chapter to legal aid, reinforcing its significance.
This committee emphasized the necessity of legal aid for the socially and educationally backward classes. Building on this, in 1976, the Government formed the Juridicare Committee, comprising Justice P. N. Bhagwati and Justice Krishna Iyer. Their report, National Juridicare: Equal Justice–Social Justice (1977), laid the blueprint for a nationwide, structured legal aid system that addressed unmet legal needs and proposed uniform, dynamic programmes. Coinciding with these efforts, the Swaran Singh Committee recommended constitutional amendments, culminating in the 42nd Amendment Act of 1976, which enshrined Article 39A into the Constitution, giving legal aid constitutional legitimacy.
The year 1980 saw the formation of CILAS (Committee for Implementing Legal Aid Schemes) under Justice P. N. Bhagwati. CILAS oversaw legal aid activities across the country and introduced Lok Adalats—a transformative mechanism for the speedy and amicable resolution of disputes.
A major milestone was reached with the enactment of the Legal Services Authorities Act in 1987, which gave statutory backing to legal aid schemes. The Act came into force in 1995, following amendments in 1994. Justice R. N. Mishra, the then Chief Justice of India, played a pivotal role in the enforcement of this legislation. Subsequently, the National Legal Services Authority (NALSA) was constituted on 5th December 1995, with Justice A. S. Anand later assuming charge as its Executive Chairman in July 1997. Since then, NALSA and its affiliated State Legal Services Authorities (SLSAs), District Legal Services Authorities (DLSAs), and Taluk Legal Services Committees have been at the forefront of operationalizing the vision of equal access to justice, especially for marginalised and underrepresented communities.
From the Bombay Committee to the constitutional mandate of Article 39A, India’s legal aid journey reflects a gradual but determined progression towards democratizing justice and embedding the principles of social equity and legal empowerment into the justice system.
India’s legal aid movement evolved over decades through key interventions:
Throughout the 1960s and 70s, the Government of India began formulating national-level schemes. The Central Government Scheme of 1960, based on earlier committee recommendations, was shared with states as a model framework. Subsequently, the issue of legal aid gained traction at legal forums, including the Third All India Lawyers’ Conference (1962), which underscored the joint responsibility of both Central and State Governments in providing legal aid. Progress continued with the National Conference on Legal Aid (1970) in Delhi, which evaluated existing legal aid programmes and identified gaps in access. The same year, the Bhagwati Committee in Gujarat, led by Justice P. N. Bhagwati (right), focused on extending legal assistance to the poor and backward classes in all types of legal proceedings. A turning point came in 1972, when the Union Government constituted an Expert Committee under Justice V. R. Krishna Iyer.
1.4. Legal Services Authorities Act, 1987
The Legal Services Authorities Act, 1987 was enacted to fulfill the constitutional mandate of Article 39A, which ensures that no person is denied justice due to economic or other disabilities. The Act establishes a nationwide framework to provide free and competent legal aid to the weaker sections of society.
At the national level, the National Legal Services Authority (NALSA) is created under Section 4 of the Act, with the Chief Justice of India as its Patron-in-Chief. NALSA oversees and coordinates legal aid programs across the country and disburses government funds to State and other legal services authorities. It also monitors implementation and evaluates the effectiveness of legal aid schemes.
Legal Services Institutions have been constituted at every level—State, District and Taluka—to ensure legal assistance reaches people at the grassroots. Additionally, Legal Services Committees exist at the level of the Supreme Court and High Courts to facilitate access to justice in higher courts.
The Act also lays down eligibility criteria for legal aid under Section 12. Beneficiaries include Scheduled Castes and Tribes, women, children, persons with disabilities, victims of disasters or violence, persons in custody, and those with income below a prescribed limit. States may also extend eligibility to additional vulnerable groups such as senior citizens, acid attack survivors, and transgender persons.
To promote speedy resolution of disputes, the Act introduced Lok Adalats (under Chapter VI) as a form of alternative dispute resolution. These forums settle cases amicably and cost-effectively, with decisions treated as final and binding. A 2002 amendment also established Permanent Lok Adalats for resolving disputes related to public utility services.
The Act holds overriding authority over other laws where inconsistencies arise (Section 25), and provides for rule-making powers to the Central and State Governments and NALSA under Sections 27–29.
The next chapter outlines how Legal Services Institutions (LSIs) were created to ensure free and competent legal aid, with a three-tier structure spanning the National Legal Services Authority (NALSA), State Legal Services Authorities (SLSAs), and District Legal Services Authorities (DLSAs), as well as committees at the Supreme Court and High Court levels. Together, these bodies embody the State’s duty to make justice accessible to all, particularly the vulnerable and marginalised.