UPSC DAW Mains Answer Writing 31st July 2025

UPSC DAW Mains Answer Writing 31st July 2025

Question

The legal aid system in India continues to face structural and operational challenges despite its constitutional and statutory mandate. Examine these challenges and suggest measures to strengthen access to justice for vulnerable sections. (10 marks, 150 words) 

Model Answer

Introduction:  

  • Legal aid is a constitutional promise under Article 39A and institutionalised through the Legal Services Authorities Act, 1987 to ensure equal access to justice. It covers approximately 80% of India's population, including women, SC/STs, economically weaker sections, and persons in custody. However, despite an enabling framework, only 15.5 lakh beneficiaries accessed legal aid in 2023–24, a modest number given India’s vast and diverse population. (Source: India Justice Report 2025) 

 Key Challenges Facing Legal Aid Institutions: 

  • Inadequate Financial Allocation and Utilisation: 

  • Legal aid receives <1% of the total justice system budget (includes police, prisons, judiciary). 

  • NALSA’s allocation declined from ₹207 crore (2017–18) to ₹169 crore (2022–23); fund utilisation fell from 75% to 59%. (Source: IJR 2025) 

  • Shrinking Frontline Capacity: 

  • Para-legal volunteers (PLVs) dropped by 38% from 2019 to 2024, from 5.7 to 3.1 per lakh population. 

  • Many States pay honoraria below minimum wage. Only Kerala pays ₹750/day; others offer as low as ₹250/day. Low pay and instability reduce motivation and retention. 

  • Weak Infrastructure and Outreach: 

  • One legal aid clinic for every 163 villages, insufficient in rural and tribal areas. 

  • Clinics often lack adequate staff, resources, or community awareness. 

  • Inconsistent Service Quality and Accountability: 

  • Absence of performance standards and monitoring of empanelled lawyers. 

  • Victims and accused often report lack of trust, poor follow-up, and communication gaps. 

  • Over-centralisation and Rigid Funding Rules: 

  • As per NALSA’s 2023 manual, DSLSAs need prior approval for hiring, equipment, and outreach, limiting responsiveness and innovation.  

Measures to Strengthen Access to Justice: 

  • Increase Budgetary Allocation and Autonomy: 

  • Ensure dedicated budget lines within state and central justice budgets. 

  • Allow flexible use of NALSA funds for hiring, training, and outreach (with accountability). 

  • Revive and Strengthen Para-Legal Volunteer Network: 

  • Revise honorarium to match or exceed minimum wages. 

  • Prioritise PLV recruitment from marginalised communities for better outreach and trust. 

  • Link PLVs to Skill India and local governance structures for training and coordination. 

  • Strengthen Legal Aid Clinics and Front Offices: 

  • Scale up clinics using e-Nyayalaya and CSC (Common Service Centres) in rural India. 

  • Provide digital infrastructure for remote legal consultations. 

  • Improve Quality through Monitoring and Incentives: 

  • Introduce performance-based incentives for empanelled lawyers. 

  • Monitor effectiveness via Justice Clock dashboards and public feedback mechanisms. 

  • Expand Legal Aid Defence Counsel (LADC) Scheme: 

  • The LADC scheme, operational in 610 districts, shows promise. It should be scaled nationally with adequate funding (₹200 crore fully utilised in 2023–24). 

  • Establish independent evaluation of its impact on quality of defence and case outcomes. 

  • Promote Legal Awareness and Education: 

  • Mandate legal literacy campaigns under District Legal Services Authorities (DLSAs), especially for women, tribals, and Dalits. 

  • Integrate legal literacy into school curricula and community centres. 

 Conclusion:  

  • While India has a robust legal aid framework, its implementation gap reflects the broader challenge of under-resourced justice delivery. Legal aid is not charity but a right under Article 21 and 39A, reaffirmed in Hussainara Khatoon v. State of Bihar (1979) and Khatri v. State of Bihar (1981). A people-centric, well-funded, and accountable legal aid system is essential for substantive equality and inclusive governance.