NALSA Help & Support

1. What is the average time taken for an application to be processed and for an individual to be assigned a Free Legal Aid lawyer?

Ans. According to Regulation 7(2) of the National Legal Services Authority (Free and Competent Legal Services) Regulations 2010, a decision on the application for Free Legal Aid is to be taken immediately and not more than 7 days from the date of the receipt of the application.

2. Can I appeal if the Free Legal Services are denied to me?

Ans. According to Regulation 7(5) of the National Legal Services Authority (Free and Competent Legal Services) Regulations 2010, the application for legal services will be scrutinized by the Member-Secretary or the Secretary and if any individual is aggrieved by the decision made upon their application, he/she has an option to appeal to the Executive Chairman or Chairman of the Legal Services Institution and the decision resulting from the appeal would be a final one.

3. How will I get an intimation/information of the acceptance, success, failure, etc. of my application? By email, SMS or Courier?

Ans. Once the application is scrutinized by the concerned authorities, the information of its success or failure is given to the applicant in the following ways:

1. If the application was made physically at the front office of any Legal Services Authority, an address (either residential or email) for correspondence is usually noted and information regarding the application is sent to the same.
2. If the application is made online via the NALSA website or the online portals of the Legal Services Authorities, an application number is generated and the appropriate Legal Services Authority is contacted. The applicant can track the status of the application on the online portal itself.
3. If the application has been received from Government Departments / CPGRAM, an email is sent to the applicant. The applicant can also get a scanned copy of the application on the CPGRAM website. Remarks regarding the application are also made on CPGRAM website and the website of the Legal Services Authority.

4. What is the procedure after my application is selected/Legal Aid is granted?

Ans. Once the application is selected, the applicant is given intimation about the assignment of a lawyer. A letter of appointment is also issued to the assigned lawyer with a copy to the applicant. The lawyer would thereafter contact the applicant at the earliest. The applicant may also contact the lawyer in the meanwhile.

5. Can Legal Aid be withdrawn?

Ans. Legal Aid granted to any aided person can be withdrawn in the following circumstances:

1. If the aided person (applying under income category) has been found to possess sufficient means/resources to fund his own case;
2. If the aided person is found to have obtained the legal services by misrepresentation or fraud;
3. If the aided person does not comply with the lawful requirements in prosecuting or defending his/her case;
4. If the aided person engages a legal practitioner other than the one assigned by the Legal Services Authority/Committee;
5. If the aided person dies, except in the case of civil proceedings where the right or liability survives; or
6. If the application for legal service or the matter in question is found to be an abuse of the process of law or of legal services

6. Can I complain against the conduct of a certain Legal Services Authority?

Ans. Yes, you can make a complaint (in writing by a simple application) regarding the conduct of a Legal Services Authority if you have been wronged. It can be made to the higher authority than the one you are complaining against. The hierarchy has been stated below:

1. The National Legal Services Authority (NALSA) is the central authority and is headed by the Hon’ble Chief Justice of India.
2. The State Legal Services Authorities are functional at the state level. These fall second in the hierarchy. These authorities are headed by the Chief Justices of the respective High Courts.
3. The High Court Legal Services Committees are headed by sitting judges of the respective High Courts (in the capacity of Chairman).
4. The District Legal Services Authorities are headed by the District Judges.
5. The Taluk Legal Services Committees are the authorities functioning in Taluks. Each Taluk Legal Services Committee is headed by a respective Senior Judge.

7. What is the procedure if I am unhappy with the conduct of the lawyer assigned to me by a Legal Services Authority? Can I complain against him/her? Can he be replaced?

Ans. If you are unhappy with the conduct of the lawyer assigned to you, you can make a formal complaint (to the authority that assigned you the lawyer) by:

1. Writing a simple paper application and submitting the same to a Legal Services Authority;
2. Writing an email to the appropriate authority or NALSA (at [email protected]);
3. Accessing the “Grievance Redressal” option on NALSA website or the respective website of the authority that assigned the lawyer.

However, you must ensure that your complaint describes the problem that you are facing with your lawyer. According to Regulation 8 (14) of the National Legal Services Authority (Free and Competent Legal Services) Regulations 2010, the Legal Services Institution is at liberty to withdraw any case from a panel lawyer during any stage of the proceedings.

Regulation 8 (17) states that if the panel lawyer engaged is not performing satisfactorily or has acted contrary to the object and spirit of the Act and the regulations, the Legal Services Institution shall take appropriate steps - including withdrawal of the case from such lawyer and even his/her removal from the panel.

8. Do I have to pay the lawyer’s fees after the case is completed?

Ans. No, the recipient of Free Legal Aid is not required to pay the advocate’s fees during or after the case is over. The Free Legal Aid is entirely free of cost and it does not get affected by the outcome of the case either.