Legal Services
Legal Services includes providing Free Legal Aid to those weaker sections of the society who fall within the purview of Section 12 of the Legal Services Authority Act, 1987. It also entails creating legal awareness by spreading legal literacy through legal awareness camps, print media, digital media and organizing Lok Adalats for the amicable settlement of disputes which are either pending or which are yet to be filed, by way of compromise. NALSA also undertakes necessary steps by way of social action litigation with regards to any matter of special concern to the weaker sections of the society. Legal services also encompasses facilitating the beneficiaries to get their entitlements under various government schemes, policies and legislations
What is included in free legal services/aid provided by the Legal Services Authorities? / What is the nature of free legal services?
Free legal aid is the provision of 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. These services are governed by Legal Services Authorities Act, 1987 and headed by the National Legal Services Authority (NALSA).
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 payable or incurred in connection with any legal proceedings in appropriate cases;
- 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.
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.
- Is Free Legal Aid Confined to the Cases before the Subordinate Courts?
No, free legal aid is not confined to cases before the subordinate Courts. Legal Aid is provided to the needy from the lowest Court to the Supreme Court of India. Legal Aid Counsel represent such needy persons before the lower Courts, High Courts and also before the Supreme Court of India.
- What kind of cases can I apply free legal aid for?
According to Section 13 (1) of the Act, any individual who satisfies any criteria under Section 12 is entitled to receive legal services, provided that the concerned Legal Services Authority 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 Act.
- Can I choose a lawyer of my choice under the free legal services/aid?
Yes, it is possible to avail the services of a lawyer of your choice under free legal services. 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.
- Can I get only free legal consultation even if I do not want to pursue a proper case in the courts?
Yes, it is possible to get any kind of legal service under free legal aid/services.
- Can I get free legal aid lawyer at any stage of case? Can I get free legal aid at the time of appeal even though I had my personal lawyer before the appellate stage?
Yes, you can apply to get free legal aid at any stage of the case as long as you are eligible to attain free legal services as per Section 12 of the Legal Services Authorities Act, 1987. Even if you had your personal lawyer before and require a lawyer under free legal aid only at the stage of appeal (and are eligible under Section 12), you can make an application to avail the same.
8.When can Legal Aid be Denied or Withdrawn?
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:
Legal aid can be denied if a person is found ineligible under Section 12 of the Legal Services Authorities Act, 1987 Legal aid can be withdrawn if the aided person who applied under the income category is found to possess sufficient means;
Legal aid can be withdrawn where the aided person obtained legal services by misrepresentation or fraud; Legal aid can be withdrawn where the aided person does not cooperate with the Legal Services Authority/Committee or with the legal services advocate;
Legal aid can be withdrawn where the person engages a legal practitioner other than the one assigned by the Legal Services
Authority/Committee; Legal aid can be withdrawn in the event of death of the aided person except in the case of civil proceedings where the right or liability survives; Legal aid can be withdrawn where the application for legal service or the matter in question is found to be an abuse of the process of law or of legal services.
What if the Person in need of Free Legal Aid is Illiterate?
Such persons can be assisted by the SLSAs/DLSAs/TLSCs or panel Advocates etc., once they approach the legal services
institutions. The Para Legal Volunteers (PLVs) who are stationed in the villages can also gather necessary information of such
applicants and fill up the forms for them. The applicant is required to affix signature initials or thumb impression on the same.
What is the procedure after my application is submitted with the Legal Services Institutions?
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, Taluk 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 authority.
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.
9. What is the procedure after my application is selected/legal aid is granted?
Once the application is selected, 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.
What is the average time taken for an application to be processed and for an individual to be assigned a free legal aid
lawyer?
According to Regulation 7(2) of the National Legal Services Authority (Free and Competent Legal Services) Regulations
2010, a decision on the application for free legal aid is to be taken immediately and not more than 7 days from the date of
the receipt of the application.
10. How will I get an intimation/information of the acceptance, success, failure, etc. of my application? By email, SMS or Courier?
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 Authority, 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 NALSA website or the online portals of the Legal Services Authorities, an application number is generated and the appropriate Legal Services Authority 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 / 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 Authority
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