INTRODUCTION
India is one of the world’s great democracies, with one of the most elaborate constitutional frameworks to promote justice and equity, where access to justice is guaranteed to the people as a fundamental right. The concept of legal aid is a vital tool introduced to uphold this promise, aimed at supporting marginalised and economically weaker sections of society, ensuring they are not denied justice due to their economic or social limitations.
The legal aid services in India are governed by the Legal Services Authorities Act, 1987[1], which is backed by Article 39A[2] of the Constitution, which directs the state to provide free legal assistance to ensure justice for its citizens. However, in practice, the system is not functional. In practice, due to a lack of awareness, inefficient delivery systems, and insufficient outreach, lakhs of people are still not able to access justice from these legal aid services.
UNDERSTANDING LEGAL AID IN INDIA
Legal aid is the provision of free legal services to those who lack the means to go through litigation. It includes legal counselling, representation in courts, conducting legal literacy camps, and public interest litigation. The National Legal Services Authority (NALSA) and State Legal Services Authorities (SLSAs) are the primary bodies concerned with offering such aid.
Such legal support is provided to a limited number of predetermined categories: women and children, members of the SC/ST communities, socially and economically disadvantaged industrial workers, the mentally challenged, victims of trafficking or natural disasters, and individuals with a low income. The objectives are to uphold the right to equal access to law and a fair trial, in alignment with Articles 14 and 21 of the Constitution of India[3].
That said, the actual ground implementation of this concept tends to fall short of its commendable objectives.
OBJECTIVES OF LEGAL AID IN INDIA
Legal aid serves not only benevolent purposes but also fulfils the constitutional obligation of the state and its democratic commitment. The expectations from legal aid include:
Grant Access to Justice
Everyone is entitled to the right to fight for justice irrespective of their socio-economic status. Article 39A[4] of the Constitution obliges the State to assist needy individuals with legal services. With legal aid, every citizen, from a daily wage worker to a farmer and even students, has the capability and opportunity to contest their legal battles. In the absence of legal aid, access to justice is reduced to a privilege instead of a right.
Alleviate Case Backlogs
With millions of cases pending, our courts are stretched to the limit. Legal aid can ease this burden by offering early legal advice, mediation, and counselling to resolve disputes before they turn into full lawsuits. This not only saves judicial time but also reduces stress, cost, and delays for ordinary people seeking justice.
Bolster the Rule of Law
The rule of law works only when it protects everyone equally. For marginalised communities, like women facing abuse, workers denied wages, or minority groups facing discrimination, legal aid is often their only way to demand justice. It turns legal rights from words on paper into real protections people can rely on.
Legal Awareness
People cannot exercise rights they are unaware of. Legal aid must actively spread awareness through workshops, media, and community outreach – about laws that protect citizens, from workplace safety rules to domestic violence protections. Awareness is the first step to empowerment.
Equal Legal Representation
A fair trial is meaningless without competent representation. Legal aid ensures that even those who cannot pay for a lawyer have someone to speak for them in court. In both criminal and family cases, this levels the playing field and keeps justice from being a privilege of the wealthy.
The system is intended to serve the above purposes, but in practice, these efforts fall short of achieving tangible outcomes at the community level.
CONSTITUTIONAL AND LEGAL FRAMEWORKS
Considered from the perspective of the Constitution and legislative frameworks, legal aid stands on both pillars in India. The Constitution mandates the State to provide free legal aid under Article 39A[5]. The Legal Services Authorities Act of 1987 gave effect to this mandate by creating NALSA, SLSAs, and District Legal Services Authorities (DLSAs)[6].
Moreover, cases like Hussainara Khatoon v. State of Bihar[7] and Khatri v. State of Bihar[8] Have integrated the right to legal representation into the scope of the Right to Life provided under Article 21[9].
POLICY IMPACT AND CURRENT STATISTICS
As stated in the NALSA Annual Report[10] of 2023, Comprehensive legal aid services were rendered to over one crore individuals through legal literacy programs, providing legal aid helplines, and representation in courts. However, analysing this data further presents the following concerns:
- Awareness of legal rights within the eligible population is limited to only 20-30%.
- Due to systemic underpayment and overwhelming caseloads, legal aid lawyers are offering inadequate representation.
- Quantitative and qualitative measures of service and performance reviewed do not exist.
- The infrastructure of DLSAs (District Legal Services Authorities) remains poor even by national standards, particularly in rural and tribal areas.
A report published by the Vidhi Centre for Legal Policy[11] Revealed that approximately 50% of the surveyed beneficiaries expressed dissatisfaction with the services provided through legal aid, citing issues such as unwilling staff, unprofessional behaviour, and excessive waiting periods.
EXAMPLES
In Rajasthan, a woman suffering from domestic abuse was not provided prompt assistance because the legal aid office did not employ female lawyers, and her case was “too sensitive” for their male staff.[12].
In Jharkhand, tribal villagers arrested during protests went weeks without any legal representation until an NGO stepped in, despite meeting legal aid eligibility criteria.
In Delhi, a street vendor wrongfully accused of theft did not receive proper representation for months because his legal aid lawyer kept skipping court dates.
These and similar cases illustrate the gap that exists between a constitutional democracy and the reality on the ground.
WHAT LEGAL AID MEANS FOR SOCIETY
Legal aid goes beyond social welfare; it protects humanity, ensures equality before the law, and provides access to justice. Without it:
- People languish defenceless in prison.
- People suffering violence are left alone to deal with abuse because of threats and a lack of help.
- The marginalized are shut out from social protection and state assistance.
An efficient legal aid system protects the rights of the powerless, reinforces democracy, maintains the rule of law, and increases access to justice for all citizens regardless of their social, economic, or geographical standing[13].
CONCLUSION
The potential of legal aid in India could change the paradigm in accessing justice for millions. The current system suffers from a lack of infrastructure, low awareness, inefficient bureaucratic frameworks, a lack of responsibility, and poor transparency. Legal aid will only be functional when there is a genuine commitment to provide professional services alongside community outreach, policy-level change, and serious engagement[14]. India cannot afford to have a justice system that functions only for those who can pay. The dream of equal justice for all remains unfulfilled unless legal aid becomes a living reality for the last person in line.
“When we ensure legal aid reaches the people, we uphold not just law, but justice.”
Author(s) Name: Udit Kumar Verma (Law centre – I, Faculty of Law, University of Delhi)
References:
[1] Legal Services Authorities Act,1987
[2] Constitution of India, art 39A
[3] Constitution of India, arts 14 and 21
[4] Constitution of India, art 39A
[5] Constitution of India, art 39A
[6] Legal Aid , ‘National Legal Services Authority’ <https://nalsa.gov.in/legal-aid/> accessed 7 July 2025
[7] Hussainara Khatoon v State of Bihar, AIR 1979 SC 1369
[8] Khatri v. State of Bihar, AIR 1981 SC 1068
[9] Constitution of India, art 21
[10] National Legal Services Authority, Annual Report 2023-2024 (NALSA 2024)
[11] Vidhi Centre for Legal Policy, Impact Report 2021–22 (Vidhi 2022) <https://vidhilegalpolicy.in/wp-content/uploads/2024/01/10.-a.-Vidhi_Impact-Report-2021-22-1.pdf> accessed 8 July 2025.
[12] India Justice Report, Legal Aid Backgrounder, India Justice Report 2022 (DAKSH, Commonwealth Human Rights Initiative, Common Cause, Vidhi Centre for Legal Policy, TISS-Prayas) <https://indiajusticereport.org/files/IJR_2022_Legal_Aid_Backgrounder.pdf> accessed 8 July 2025.
[13] K. Abhishek Reddy, ‘Strengthening Legal Aid and Access to Justice in Rural India: A Roadmap for Viksit Bharat 2047′(2025) 13 < https://ijcrt.org/papers/IJCRT2502798.pdf > accessed 7 July 2025
[14] Sunil Chauhan, ‘Legal Needs in Rural India: Challenges and Response of Legal Aid Authorities’ (Harvard CLP, 2023) <https://clp.law.harvard.edu/wp-content/uploads/2023/06/Legal-needs-in-Rural-India-conference-paper-Sunil-Chauhan.pdf> accessed 8 July 2025.
