GS2 – Polity
Context:
Despite the constitutional mandate under Article 39A to ensure equal justice through free legal aid, India’s legal aid framework remains under-resourced, hindering equitable access to justice.
Constitutional and Legal Framework
- Article 39A (DPSP): Directs the State to provide free legal aid to promote justice on the basis of equal opportunity.
- Statutory Backing: The Legal Services Authorities Act, 1987, institutionalized the delivery of legal aid.
Legal Aid Infrastructure
- Three-Tier System:
- NALSA (National Level): Apex legal services body.
- SLSAs (State Level) and DLSAs (District Level): Implement programs at sub-national levels.
- Delivery Mechanism: Legal aid is extended through empanelled lawyers and trained paralegal volunteers (PLVs).
- Funding: Jointly funded by the Centre and States; NALSA distributes grants to SLSAs.
Major Challenges
Fiscal and Administrative Constraints
- Negligible Funding: Legal aid receives <1% of the total justice system budget.
- Underutilisation: Many SLSAs spent <50% of their allocated funds.
- Lack of Autonomy: SLSAs need NALSA’s approval for staffing, purchases, and compensation payments.
- Rigid Budgets: Fixed ceilings limit flexibility in reallocating resources for emerging needs.
Operational Bottlenecks
- Declining Volunteer Base: PLVs dropped by 38% between 2019 and 2024.
- Inadequate Compensation: Substandard wages make it difficult to retain qualified personnel.
- Poor Reach: Legal aid clinics cover only 1 in 127–163 villages.
- Low Deployment: Just one-third of available PLVs are actively working.
Way Forward
- Enhanced Budgeting: Increase legal aid allocation to at least 2% of the justice budget with direct transfers to SLSAs.
- Decentralised Operations: Empower SLSAs with fund autonomy and recruitment powers.
- PLV Support: Ensure fair remuneration, social protection, and proportional deployment based on population density.
- Tech-Driven Outreach: Expand mobile legal clinics and integrate digital grievance redress systems for remote areas.
Positive Developments
- Increased Legal Aid Access: Over 15 lakh beneficiaries in 2023–24, a 28% rise over the previous year.
- Budget Expansion: Legal aid funds reached ₹1,090 crore across 25 states by 2022.
- Proactive States: 13 states have doubled their legal aid budgets since 2019.
- Spending Increase: Per capita spending rose from ₹3 to ₹7 post-2019.