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EXPANSION OF LEGAL AID SERVICES
New Delhi~ June 28, 2001
The Government has planned to expand the coverage of legal aid services to the poor. In this connection Section 12 of the Legal Services Authorities Act 1987 is proposed to be amended to include in the category of the eligible persons, ex-servicemen, ex-members of Armed Forces, ex-members of para-military Forces and the dependents of those who died on duty or in a war or insurgency. This follows the recommendations of State Legal Services Authorities under the aegis of National Legal Services Authority. Under Section 12 (h) of the Legal Services Authorities Act 1987 free legal services are admissible to every citizen whose income is less than Rs. 9000 per annum in cases before subordinate courts and High Courts and Rs. 50,000 per annum in cases before the Supreme Court. The State Governments can however fix higher income limits. Limitation of income does not apply in cases of persons belonging to the Scheduled Castes, Scheduled Tribes, women, children and handicapped. The State Legal Services Authorities are also considering the increase in the eligibility income limit for legal aid before the High Courts from the existing Rs. 9000 per annum to Rs. 25 000 per annum.
Article 39A of the Constitution of India provides for free legal aid to the poor and weaker sections of the society and ensures equal justice for all. The
Government of India is committed to giving legal aid to the poor as equality before law is a Constitutional promise. In pursuance of Article 39A of the Constitution the Legal Services Authorities Act 1987 was enacted. Under that Act National Legal Services Authority (NALSA) has been set up at the apex and under NALSA State Legal Services Authorities have been constituted to oversee legal aid services to the poor all over the country. The Chief Justice of India is the Patron-in-Chief of NALSA and the Executive Chairman is the senior most judge of the Supreme Court of India.
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