Legal services institutions, established under the Legal Services Authorities Act, 1987, are tasked with the mandate of providing free legal aid to nearly 80% of India’s population. However, the actual reach remains modest. Between April 2023 and March 2024, just 15.50 lakh people received legal aid services — far below the scale envisioned. This marked a 28% rise from the 12.14 lakh reached the previous year.
Usually attached to local courts, prisons, and juvenile justice boards, these front offices offer free legal counsel through a panel of empanelled lawyers to the economically weak, those in custody, and others facing various vulnerabilities. In rural and remote areas, legal aid clinics serve village clusters. Nationally, there is one legal service clinic for every 163 villages, as per the India Justice Report 2025. The availability and presence of these services is dependent on financial and human resources available.
Budget for legal aid
The budget for legal aid comprises less than 1% of the total justice budget (police, prisons, judiciary, and legal aid). It is provided by States as well as by the Centre through the National Legal Services Authority (NALSA), which disburses grants to State Legal Services Authorities (SLSAs).
The total allocation nearly doubled from ₹601 crore in 2017-18 to ₹1,086 crore in 2022-23 across 25 States. This growth was due to an increase in State legal aid budgets, which cumulatively increased from ₹394 crore to ₹866 crore. Thirteen States increased their respective allocations to the legal aid budget by over 100%. They were led by Karnataka, Maharashtra, and Madhya Pradesh. During the same period, (2017-18 to 2022-23), NALSA’s funds fell from ₹207 crore to ₹169 crore. The utilisation of NALSA funds also dropped from 75% to 59%.
As per the NALSA Manual for District Legal Services Authorities 2023, SLSAs have been barred from incurring expenditure from the NALSA fund on certain items without prior approval. These included hiring project or front office staff, purchasing or hiring vehicles and equipment, engaging outsourced personnel, expenses related to victim compensation, food distribution, and tree plantation. Instead, it directed that funds be used only for specific functions, with ceilings: 50% for legal aid and advice, 25% for awareness and outreach, and 25% for Alternate Dispute Resolution and mediation.
Since 2019, the national per capita spending on legal aid has doubled from roughly ₹3 to ₹7. According to actual expenditure figures from 2022-23 the highest spend was in Haryana (₹16), while Jharkhand (₹5), Assam (₹5), Uttar Pradesh (₹4), Bihar (₹3), and West Bengal (₹2) spent less than the average ₹6 per capita.
A shrinking frontline
The impact of low fiscal prioritisation coupled with poor utilisation of existing funds is on frontline responders. Para-legal volunteers, who are trained community resources, create awareness, assist in resolving disputes, and act as a bridge between people and legal aid services. The total number of para-legal volunteers dropped by nearly 38% between 2019 and 2024. From 5.7 per lakh population, there were only 3.1 per lakh population in 2023. West Bengal and Uttar Pradesh had only one para-legal volunteer per lakh population.
Low budgets also constrict the ability to deploy para-legal volunteers (paid on a per day basis) on the ground. Over the years, both the numbers of para-legal volunteers trained and deployed have come down drastically. In 2023-24, out of 53,000 para-legal volunteers trained, only 14,000 were deployed, whereas in 2019-20, 63,00 were trained and 22,000 deployed. What is baffling is the reluctance of States to revise honorariums for these para-legal volunteers, which, besides rare exceptions, are invariably below minimum wages across India. As of March 31, 2023, Kerala was the only State paying para-legal volunteers a daily honorarium of ₹750. Twenty-two States paid ₹500 per day, three paid ₹400, and the remaining three (Gujarat, Meghalaya, and Mizoram) offered ₹250, which is barely enough to cover basic daily expenses.
Till 2022, lawyers empanelled with legal services took up cases for both the accused persons and victims. Since 2022, NALSA has been operating a new central sector scheme — the Legal Aid Defence Counsel (LADC), for representing only accused persons. This scheme, modelled on the public defender system, is intended to complement the assigned counsel system. NALSA initiated the scheme to ensure that accused persons/convicts have access to quality and effective legal aid through dedicated lawyers. It is now operational in 610 of the 670 districts across India. In 2023-23, ₹200 crore was specially earmarked for LADCs by NALSA and it was fully utilised. However, in 2024–25, the allocation dropped to ₹147.9 crore. There is tremendous potential that the LADC holds as it also reduces the burden on other lawyers and the system as a whole. However, as the scheme is still fledging, it would be too early to declare it a success.
Although States are making efforts to increase allocations for legal aid, long-standing issues such as inconsistent service quality, absent accountability mechanism, and a lack of trust continue to undermine its effectiveness. Much of these ills can be ameliorated with infusions of money and manpower. It is essential to boost the capacity of legal aid systems to make them truly effective. Without these resources, the system falls short of providing the quality of justice enshrined in the Constitution.
Arshi Showkat, Saumya Srivastava and Valay Singh work with the India Justice Report
Published – July 31, 2025 01:28 am IST