Topics Covered: Separation of powers between various organs dispute redressal mechanisms and institutions.
National Legal Services Authority (NALSA)
What to study?
For Prelims: NALSA- composition, establishment, functions and reports.
For Mains: Need for and significance, challenges present and measures needed to make them more effective.
Context: The National Legal Services Authority (NALSA) has said that around 11,077 undertrials have been released from prisons nationwide as part of the mission to decongest jails following the COVID-19 pandemic.
NALSA has also been providing assistance to prisoners who were eligible to be released on parole or interim bail under the relaxed norms, through its panel lawyers.
NALSA has been constituted under the Legal Services Authorities Act, 1987, to provide free legal services to weaker sections of society.
The aim is to ensure that opportunities for securing justice are not denied to any citizen by reasons of economic or other disabilities.
‘Nyaya Deep’ is the official newsletter of NALSA.
As per section 3(2) of Legal Service Authorities Act, the Chief Justice of India shall be the Patron-in-Chief.
Second senior-most judge of Supreme Court of India is the Executive-Chairman.
Important functions performed by NALSA:
- Organise Lok Adalats for amicable settlement of disputes.
- Identify specific categories of the marginalised and excluded groups and formulates various schemes for the implementation of preventive and strategic legal service programmes.
- Provide free legal aid in civil and criminal matters for the poor and marginalised people who cannot afford the services of a lawyer in any court or tribunal.
State and district legal services authorities:
In every State, State Legal Services Authority has been constituted to give effect to the policies and directions of the NALSA and to give free legal services to the people and conduct Lok Adalats in the State. The State Legal Services Authority is headed by Hon’ble the Chief Justice of the respective High Court who is the Patron-in-Chief of the State Legal Services Authority.
In every District, District Legal Services Authority has been constituted to implement Legal Services Programmes in the District. The District Legal Services Authority is situated in the District Courts Complex in every District and chaired by the District Judge of the respective district.
Need- Constitutional basis:
Article 39A of the Constitution of India provides that State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disability.
Articles 14 and 22(1) also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on a basis of equal opportunity to all. Legal aid strives to ensure that constitutional pledge is fulfilled in its letter and spirit and equal justice is made available to the poor, downtrodden and weaker sections of the society.
- Who appoints Patron-in-Chief and executive chairman of NALSA?
- Eligibility criteria?
- Who heads state and district legal services authorities?
- Constitutional provisions in this regard?
Discuss the roles and functions of NALSA in ensuring free legal aid to the poor and needy.
Sources: the Hindu.