Context
NALSA recently directed that the contracts of certain Legal Aid Defence Counsels (LADCs) should not be renewed. The move has opened a debate on improving the quality of publicly funded criminal defence without weakening the legal-aid system.
Explanation
- Article 39A, a Directive Principle inserted by the 42nd Amendment, 1976, directs the State to provide free legal aid and equal justice.
- Article 14 (equality before law) and Article 22(1) (right to consult a lawyer on arrest) reinforce this goal.
- NALSA is a statutory body constituted under the Legal Services Authorities Act, 1987, which came into force in 1995; it is not a constitutional body.
- The Chief Justice of India is its Patron-in-Chief and a serving or retired Supreme Court judge is the Executive Chairman.
- It functions through State, District and Taluk Legal Services Authorities and the Supreme Court Legal Services Committee.
- It frames legal-aid schemes, provides free counsel and court fees, organises Lok Adalats, promotes legal literacy and supports victim compensation.
- Section 12 lists eligible categories: women, children, SC/ST, persons with disabilities, industrial workers, persons in custody, victims of trafficking and the poor.
- The Legal Aid Defence Counsel (LADC) System provides dedicated, publicly funded lawyers to eligible accused persons in criminal cases.
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