NALSA

NALSA

To prepare for INDIAN POLITY for any competitive exam, aspirants have to know about National Legal Services Authority – NALSA. It gives an idea of all the important topics for the IAS Exam and the polity syllabus (GS-II.). This is an essential portion of the polity.  As IAS aspirants, you should be thorough with the National Legal Services Authority – NALSA. In this article, you can read all about the National Legal Services Authority – NALSA for the Polity and Governance segments of the UPSC syllabus.

 

CONTEXT
  • NALSA issued Vision 2020 document “Mission Access Justice to All”.
  • National Legal Services Authority – NALSA is Statutory authority Constituted under the Legal Services Authorities Act, 1987 to monitor and evaluate implementation of legal aid programmes and to lay down policies and principles for making legal services available under the Act.

 

CONSTITUTIONAL UNDERPINNINGS
  • 14 – Makes obligatory for the State to ensure equality before law.
  • 21Right to free legal aid or free legal service is FUNDAMENTAL RIGHTS.
  • 22(1) – Right to consult and to be defended by a legal practitioner of his choice in case of arrest.
  • 39A (Part IV DPSPs) – of the Constitution of India provides for justice for all and free legal aid to the poor and weaker sections of the society. (Added by 42nd CAA 1976)
  • Universal Declaration of Human Rights (1948) Legal aid as a human right.

 

OBJECTIVES
  • To realize constitutional goals, the Legal Services Authorities Act (1987) was enacted by the Parliament to establish a nationwide uniform network.
  • Providing free and competent legal services to the weaker sections of the society on the basis of equal opportunity.
  • The NALSA lays down policies, principles, guidelines and frames effective and economical schemes for the State Legal Services Authorities to implement the Legal Services Programmes throughout the country.

 

STRUCTURE
  • Supreme Court Legal Services Committee – has been constituted to administer and implement the legal services programme in so far as it relates to the SUPREME COURT.
  • State Legal Services Authority – In every State have been constituted.
  • High Court Legal Services Committee – In every HIGH COURT have been constituted.
  • District Legal Services Authorities – In every district have been constituted
  • Taluk Legal Services Committees – constituted in most of the Taluks to provide free legal services to the people and conduct Lok Adalat in the State.

 

COMPOSITION OF NALSA
  • NALSA shall consist of the CJI who shall be the Patron-in-Chief and a serving or retired Judge of the SC to be nominated by the President, in consultation with the CJI, who shall be the Executive Chairman.
  • Persons eligible for getting free legal services includes –
    • Women and children
    • Members of SC/ST
    • Industrial workmen
    • Victims of mass disaster, violence, flood, drought, earthquake, industrial disaster.
    • Differently abled persons.
    • Victims of trafficking in human beings or begar.

 

FUNCTIONS OF NALSA
  • Spreading legal literacy and awareness à Information – Education – Communication (IEC) approach
  • Undertaking social justice litigations.
  • To organize Lok Adalats for amicable settlement of disputes.
  • Providing free and competent legal aid to the poor and weaker sections of the society.
  • To promote deliverable justice on the basis of equal opportunity.
  • Victim compensation.

 

LEGAL AID AS A HUMAN RIGHT
  • Under 21 of Indian constitution right to free legal aid or free legal service is fundamental right.
  • 39A of constitution (added through 42nd Amendment Act along with Art. 39, 43A, 48A) provides for free legal aid to the poor and weaker sections of the society and ensures justice for all.
  • Legal aid as a human right is envisaged in the Universal Declaration of Human Rights, 1948.

 

TELE-LAW INITIATIVE
  • Tele-Law is an e-governance initiative aims to facilitate delivery of legal advice through a panel of lawyers stationed at the state Legal Services Authorities (SALSA) and Common Services Center (CSC).
  • Department of Justice has partnered with NALSA and CSC e-Governance Service India Limited for mainstreaming legal aid to the marginalized communities through CSC.
  • Launched in 2017, this scheme has expanded to 115 Aspirational Districts.
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