Overview of Legal Aid Budget and Services in India
The budget for legal aid constitutes less than 1% of the total justice budget, which includes police, prisons, judiciary, and legal aid. The funding is provided by both State governments and the Centre through the National Legal Services Authority (NALSA), which allocates grants to State Legal Services Authorities (SLSAs).
Legal Services Institutions
- Established under the Legal Services Authorities Act, 1987.
- Aim to provide free legal aid to nearly 80% of India’s population.
- Between April 2023 and March 2024, legal aid services reached only 15.50 lakh people, marking a 28% increase from the previous year.
- Front offices usually attached to local courts, prisons, and juvenile justice boards offer free legal counsel.
- In rural areas, legal aid clinics serve village clusters with one legal service clinic per 163 villages.
Budget Allocation and Utilization
- The budget for legal aid nearly doubled from ₹601 crore in 2017-18 to ₹1,086 crore in 2022-23 across 25 states.
- 13 states increased their allocations by over 100%, led by Karnataka, Maharashtra, and Madhya Pradesh.
- NALSA's funds decreased from ₹207 crore to ₹169 crore, with utilization dropping from 75% to 59%.
- NALSA funds are restricted for specific purposes with limits: 50% for legal aid and advice, 25% for awareness and outreach, and 25% for alternate dispute resolution and mediation.
Challenges and Issues
- National per capita spending on legal aid increased from ₹3 to ₹7 since 2019.
- States like Haryana had the highest spending at ₹16, while others like West Bengal spent only ₹2.
- The number of para-legal volunteers decreased by 38% between 2019 and 2024.
- Most para-legal volunteers receive an honorarium below minimum wage, with Kerala being an exception at ₹750 per day.
Legal Aid Defence Counsel (LADC) Scheme
- Initiated in 2022, modeled on the public defender system to represent accused persons.
- Operational in 610 out of 670 districts across India.
- In 2023-23, ₹200 crore was allocated and fully utilized; however, the allocation dropped to ₹147.9 crore in 2024–25.
Conclusion
Despite efforts to increase allocations for legal aid, challenges such as inconsistent service quality and lack of trust persist. Enhancing the capacity of legal aid systems is essential to ensuring the quality of justice as enshrined in the Constitution.