Comprehension
Free legal aid is the provision of free legal services in civil and criminal matters for those poor and marginalised people who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any Court, Tribunal or Authority. These services are governed by the Legal Services Authority Act, 1987 (the “Act”) and provided by the National Legal Services Authority (“NALSA”).
Provision of free legal aid includes:
• Representation by an advocate in legal proceedings;
• Payment of process fees, expenses of witnesses and all other charges payable or incurred in connection with any legal proceedings in appropriate cases;
• Preparation of pleadings, memo of appeal, paper book including printing and translation of documents in legal proceedings;
• Drafting of legal documents, special leave petition etc.; and
• Supply of certified copies of judgments, orders, notes of evidence and other documents in legal proceedings.
Free legal aid also includes provision of aid and advice to the beneficiaries to access benefits under welfare statutes and schemes framed by the Central Government or the state governments and to ensure access to justice in any other manner. Free legal aid is not confined to cases before the subordinate courts.
Free legal aid must be provided to the needy from the lowest court to the Supreme Court of India.
According to Section 13(1) of the Act, any individual who satisfies any criteria under Section 12 is entitled to receive free legal aid, provided that NALSA is satisfied that such person has a genuine case to prosecute or defend the matter. There is hence no bar as to which kind of cases one can apply and not apply for. Section 12 of the Act includesthe following:
• a member of a Scheduled Caste or Scheduled Tribe;
• a woman or a child;
• a person with a disability;
• an industrial workman; or
• a person in police custody.
[Extracted, with edits and revisions, from “FAQs”, National Legal Services Authority]
Provision of free legal aid includes:
• Representation by an advocate in legal proceedings;
• Payment of process fees, expenses of witnesses and all other charges payable or incurred in connection with any legal proceedings in appropriate cases;
• Preparation of pleadings, memo of appeal, paper book including printing and translation of documents in legal proceedings;
• Drafting of legal documents, special leave petition etc.; and
• Supply of certified copies of judgments, orders, notes of evidence and other documents in legal proceedings.
Free legal aid also includes provision of aid and advice to the beneficiaries to access benefits under welfare statutes and schemes framed by the Central Government or the state governments and to ensure access to justice in any other manner. Free legal aid is not confined to cases before the subordinate courts.
Free legal aid must be provided to the needy from the lowest court to the Supreme Court of India.
According to Section 13(1) of the Act, any individual who satisfies any criteria under Section 12 is entitled to receive free legal aid, provided that NALSA is satisfied that such person has a genuine case to prosecute or defend the matter. There is hence no bar as to which kind of cases one can apply and not apply for. Section 12 of the Act includesthe following:
• a member of a Scheduled Caste or Scheduled Tribe;
• a woman or a child;
• a person with a disability;
• an industrial workman; or
• a person in police custody.
[Extracted, with edits and revisions, from “FAQs”, National Legal Services Authority]
Question: 1
Divya was arrested by the police and charged with having committed a murder. She was convicted by the trial court and appealed to the high court. She lost her appeal there and decided to appeal to the Supreme Court. By this time she has run out of money, so she approaches NALSA and asks them to help her get an advocate who can represent her before the Supreme Court. Is Divya entitled to support from NALSA?
Divya was arrested by the police and charged with having committed a murder. She was convicted by the trial court and appealed to the high court. She lost her appeal there and decided to appeal to the Supreme Court. By this time she has run out of money, so she approaches NALSA and asks them to help her get an advocate who can represent her before the Supreme Court. Is Divya entitled to support from NALSA?
Updated On: Jul 9, 2024
- No, since she should have approached them at the beginning of the case before the trial court, and not at such a late stage.
- Yes, since her previous lawyers were incompetent, and that is why she lost the matter in the trial court and the high court.
- Yes, she is entitled to free legal aid in the Supreme Court proceedings because she is a woman
- No, since she had been accused of having committed the heinous crime of murder.
Hide Solution
Verified By Collegedunia
The Correct Option is C
Solution and Explanation
The correct option is (C): Yes, she is entitled to free legal aid in the Supreme Court proceedings because she is a woman.
Was this answer helpful?
0
0
Question: 2
Divya is acquitted by the Supreme Court and goes back to her regular life. Some days later, she has a fight with her neighbour Riya over a petty matter and decides to file a criminal case against her. She approaches NALSA for free legal aid to prosecute the matter. She tells NALSA representative that she knows she does not have a genuine case, but just wants to harass Riya.
NALSA refuses to provide Divya free legal aid because they believe she does not have a genuine case to prosecute. Can NALSA do so?
Divya is acquitted by the Supreme Court and goes back to her regular life. Some days later, she has a fight with her neighbour Riya over a petty matter and decides to file a criminal case against her. She approaches NALSA for free legal aid to prosecute the matter. She tells NALSA representative that she knows she does not have a genuine case, but just wants to harass Riya.
NALSA refuses to provide Divya free legal aid because they believe she does not have a genuine case to prosecute. Can NALSA do so?
NALSA refuses to provide Divya free legal aid because they believe she does not have a genuine case to prosecute. Can NALSA do so?
Updated On: Jul 9, 2024
- Yes, since Section 13(1) of the Act provides that free legal aid can be provided if NALSA is satisfied the person has a genuine case to prosecute, and they did not believe that Divya had a genuine case to prosecute.
- Yes, since Divya had earlier been prosecuted for the crime of murder.
- Yes, since Divya had already applied for free legal aid from NALSA in the past and could not repeatedly ask NALSA for such assistance
- No, since Divya is a woman, and is included within the list of people entitled to free legal aid from NALSA under Section 12 of the Act.
Hide Solution
Verified By Collegedunia
The Correct Option is A
Solution and Explanation
The correct option is (A): Yes, since Section 13(1) of the Act provides that free legal aid can be provided if NALSA is satisfied the person has a genuine case to prosecute, and they did not believe that Divya had a genuine case to prosecute.
Was this answer helpful?
0
0
Question: 3
Incensed at Divya, Riya decides to file a civil case against Divya, claiming that Divya had violated the terms of a contract they had made some time back. Divya approaches NALSA for free legal aid to defend the matter, which NALSA agrees to provide. Since Riya is also short of funds, she too approaches NALSA for free legal aid. NALSA refuses to provide legal aid to Riya, since they are already providing Divya free legal aid in the same case. Is NALSA right in refusing free legal aid to Riya?
Incensed at Divya, Riya decides to file a civil case against Divya, claiming that Divya had violated the terms of a contract they had made some time back. Divya approaches NALSA for free legal aid to defend the matter, which NALSA agrees to provide. Since Riya is also short of funds, she too approaches NALSA for free legal aid. NALSA refuses to provide legal aid to Riya, since they are already providing Divya free legal aid in the same case. Is NALSA right in refusing free legal aid to Riya?
Updated On: Jul 9, 2024
- Yes, since NALSA cannot provide free legal aid to opposing parties in the same matter
- Yes, since NALSA does not provide free legal aid in civil matters
- No, since Divya had filed a frivolous case against Riya in the past, and Riya was entitled to retaliate by filing another case against Divya
- No, since Riya is a woman, and is entitled to free legal aid as long as NALSA is satisfied she has a genuine case.
Hide Solution
Verified By Collegedunia
The Correct Option is D
Solution and Explanation
The correct option is (D): No, since Riya is a woman, and is entitled to free legal aid as long as NALSA is satisfied she has a genuine case.
Was this answer helpful?
0
0
Question: 4
Farhan is an up-and-coming artist and makes a living selling his paintings. Since he is not very well known yet, he isn’t able to sell too many paintings, and is dependent on aid from the government and well-wishers. He reads about a new Central Government scheme in the papers one day, under which artists would be provided a monthly stipend by the local government. Since he finds the language of the scheme document very complex to understand, he approaches NALSA for help in understanding the scheme and obtaining the stipend. Is he entitled to free legal aid from NALSA in this regard?
Farhan is an up-and-coming artist and makes a living selling his paintings. Since he is not very well known yet, he isn’t able to sell too many paintings, and is dependent on aid from the government and well-wishers. He reads about a new Central Government scheme in the papers one day, under which artists would be provided a monthly stipend by the local government. Since he finds the language of the scheme document very complex to understand, he approaches NALSA for help in understanding the scheme and obtaining the stipend. Is he entitled to free legal aid from NALSA in this regard?
Updated On: Jul 9, 2024
- No, since free legal aid does not include provision of help to understand and access benefits under government schemes.
- No, since he does not fit within any of the categories under Section 12 of the Act
- Yes, since free legal aid includes provision of help to understand and access benefits under government schemes.
- Yes, since he is a struggling artist, and is dependent on aid for survival
Hide Solution
Verified By Collegedunia
The Correct Option is B
Solution and Explanation
The correct option is (B): No, since he does not fit within any of the categories under Section 12 of the Act.
Was this answer helpful?
0
0
Question: 5
Vikram is a rich businessman and has a huge art collection. Farhan invites Vikram to his studio one day, hoping to convince Vikram to buy some of his paintings. Vikram doesn’t buy any of his paintings, but after he leaves, Farhan notices that one of his newest paintings is missing. He suspects that Vikram has stolen it, and complains to the police, who promptly arrest Vikram. Vikram approaches NALSA for free legal aid, so that he can obtain bail. Is Vikram entitled to free legal aid from NALSA?
Vikram is a rich businessman and has a huge art collection. Farhan invites Vikram to his studio one day, hoping to convince Vikram to buy some of his paintings. Vikram doesn’t buy any of his paintings, but after he leaves, Farhan notices that one of his newest paintings is missing. He suspects that Vikram has stolen it, and complains to the police, who promptly arrest Vikram. Vikram approaches NALSA for free legal aid, so that he can obtain bail. Is Vikram entitled to free legal aid from NALSA?
Updated On: Jul 30, 2024
- No, since he is a rich businessman and can hire a lawyer with his own money.
- Yes, since he was innocent.
- Yes, since he was in police custody
- No, since he had stolen from a struggling artist.
Hide Solution
Verified By Collegedunia
The Correct Option is C
Solution and Explanation
The correct option is (C): Yes, since he was in police custody.
Was this answer helpful?
0
0
Top Questions on Judiciary
- The Indian legal system places a significant emphasis on protecting the rights and welfare of children. The Juvenile Justice (Care and Protection of Children) Act, 2015, is a vital piece of legislation in this regard. It is designed to ensure that children in conflict with the law receive special care, protection, and treatment, with the ultimate goal of their rehabilitation and reintegration into society.
One of the key provisions of the Act is the establishment of Juvenile Justice Boards (JJBs) at the district level. These boards consist of a Metropolitan Magistrate or Judicial Magistrate of the first class and two social workers, at least one of whom should be a woman. The primary function of the JJB is to determine the age of the juvenile, the circumstances in which the offense was committed, and whether the juvenile should be sent to a special home or released on probation.
The Act makes a clear distinction between a “child in conflict with the law” and a “child in need of care and protection.” A child in conflict with the law is one who has committed an offense, while a child in need of care and protection is a child who is vulnerable or at risk and requires special care and support.
The Act introduces a unique approach to dealing with children who are in conflict with the law. For children between the ages of 16 and 18, who have committed heinous offenses, they can be tried as adults, subject to a preliminary assessment by the Juvenile Justice Board. This assessment considers the child’s mental and physical capacity to commit such an offense. If the board determines that the child should be tried as an adult, the case is transferred to the regular criminal courts.
The Act also places restrictions on the publication of information that could lead to the identification of a juvenile offender. This is done to protect the privacy and future prospects of the child. - Who among the following jurists has divided the formal sources and material sources?
- In which of the following case, the Supreme Court has held that the states cannot be directed to publish charge sheet and final reports on state's websites for public access?
- Which of the following Section of Juvenile Justice Act, 2015 provides that where an offence under the Juvenile Justice (Care and Protection of Children) Act, 2015 is punishable with imprisonment for a term more than seven years, then such offence shall be cognizable and non bailable.
- Rule of 'ejusdem generis' means.
View More Questions
Questions Asked in CLAT exam
- From a very early age, I knew that when I grew up, I should be a writer. I had the lonely child's habit of making up stories and holding conversations with imaginary persons, and I think from the very start my literary ambitions were mixed up with the feeling of being isolated and undervalued. I knew that I had a facility with words and a power of facing unpleasant facts, and I felt that this created a sort of private world in which I could get my own back for my failure in everyday life. I wanted to write enormous naturalistic novels with unhappy endings, full of detailed descriptions and arresting similes, and also full of purple passages in which words were used partly for the sake of their sound. I give all this background information because I do not think one can assess a writer's motives without knowing something of his early development.
His subject-matter will be determined by the age he lives in — at least this is true in tumultuous, revolutionary ages like our own — but before he ever begins to write he will have acquired an emotional attitude from which he will never completely escape. It is his job to discipline his temperament, but if he escapes from his early influences altogether, he will have killed his impulse to write. I think there are four great motives for writing, at any rate for writing prose. They are: (i) Sheer egoism: Desire to seem clever, to be talked about, to be remembered after death, to get your own back on grown-ups who snubbed you in childhood; (ii) Aesthetic enthusiasm: Desire to share an experience which one feels is valuable and ought not to be missed (iii) Historical impulse: Desire to see things as they are, to find out true facts and store them up for the use of posterity (iv) Political purpose: Desire to push the world in a certain direction, to alter other people's idea of the kind of society that they should strive after.
[Extracted with edits from George Orwell's "Why I Write"]- CLAT - 2025
- Reading Comprehension
- The right kind of education consists in understanding the child as he is without imposing upon him an ideal of what we think he should be. To enclose him in the framework of an ideal is to encourage him to conform, which breeds fear and produces in him a constant conflict between what he is and what he should be: and all inward conflicts have their outward manifestations in society. If the parent loves the child, he observes him, he studies his tendencies, his moods, and peculiarities. It is only when one feels no love for the child that one imposes upon him an ideal, for then one's ambitions are trying to fulfill themselves in him, wanting him to become this or that. If one loves, not the ideal but the child, then there is a possibility of helping him to understand himself as he is.
Ideals are a convenient escape, and the teacher who follows them is incapable of understanding his students and dealing with them intelligently; for him, the future ideal, the what should be, is far more important than the present child. The pursuit of an ideal excludes love, and without love no human problem can be solved. If the teacher is of the right kind, he will not depend on a method, but will study each individual pupil. In our relationship with children and young people, we are not dealing with mechanical devices that can be quickly repaired, but with living beings who are impressionable, volatile, sensitive, afraid, affectionate: and to deal with them, we have to have great understanding, the strength of patience and love. When we lack these, we look to quick and easy remedies and hope for marvellous and automatic results. If we are unaware, mechanical in our attitudes and actions, we fight shy of any demand upon us that is disturbing and that cannot be met by an automatic response, and this is one of our major difficulties in education.
(Extract with edits from "The right kind of Education" by J. Krishna Murti)- CLAT - 2025
- Reading Comprehension
- Education is not the amount of information that is put into your brain and runs riot there, undigested, all your life. We must have life-building, man-making, character-making assimilation of ideas.... If education were identical with information, the libraries are the sages in the world and encyclopaedias are the rishis. Getting by heart the thoughts of others in a foreign language and stuffing your brain with them and taking some University degree, you consider yourself educated. Is this education? What is the goal of your education? Open your eyes and see what a piteous cry for food is rising in the land of Bharata, proverbial for its food. Will your education fulfill this want?
We want that education by which character is formed, strength of mind is increased, the intellect is expanded and by which one can stand on one's own feet. What we need to study independent of foreign control, different branches of the knowledge that is our own, and with it the English language and Western science; we need technical education and all else that will develop industries so that men instead of seeking for service may earn enough to provide for themselves and save against a rainy day. The end of all education, all training, should be man-making. The end and aim of all training are to make the man grow. The training by which the current expression of will are brought under control and become fruitful, is called education. What our country now wants are muscles of iron and nerves of steel, gigantic wills, which nothing can resist, which can penetrate into the mysteries and secrets of the universe and will accomplish their purpose in any fashion, even if it meant going down to the bottom of the ocean, meeting death face to face.
There is only one method of attaining knowledge. It is by concentration. The very essence of education is concentration of mind. From the lowest to the highest man, all have to use the same method to attain knowledge. The chemist who works in the laboratory concentrates on elements to analyze them. Knowledge is acquired by concentration.
[Extracted with edits from "Education" by Swami Vivekananda]- CLAT - 2025
- Reading Comprehension
- Punctually at midday, he opened his bag and spread out his professional equipment, which consisted of a dozen cowrie shells, a square piece of cloth with obscure mystic charts on it, a notebook, and a bundle of palmyra writing. His forehead was dazzling with sacred ash and vermilion, and his eyes sparkled with a sharp, abnormal gleam which was really an outcome of a continual searching look for customers, but which his simple clients took to be a prophetic light and felt comforted. The power of his eyes was considerably enhanced by their position placed as they were between the painted forehead and the dark whiskers which streamed down his cheeks: even a half-wit's eyes would sparkle in such a setting. People were attracted to him as bees are attracted to cosmos or dahlia stalks, He sat under the boughs of a spreading tamarind tree which flanked a path running through the town hall park, It was a remarkable place in many ways: a surging crowd was always moving up and down this narrow road morning till night. A variety of trades and occupations was represented all along its way: medicine sellers, sellers of stolen hardware and junk, magicians, and, above all, an auctioneer of cheap cloth, who created enough din all day to attract the whole town. Next to him in vociferousness came a vendor of fried groundnut, who gave his ware a fancy name each day, calling it "Bombay Ice Cream" one day, and on the next "Delhi Almond," and on the third "Raja's Delicacy," and so on and so forth, and people flocked to him. A considerable portion of this crowd dallied before the astrologer too. The astrologer transacted his business by the light of a flare which crackled and smoked up above the groundnut heap nearby.
(Extracted with edits from "An Astrologer's Day" by R.K. Narayan)- CLAT - 2025
- Reading Comprehension
- The "Nari Shakti Vandan Adhiniyam", 2023 Act received near-unanimous support in both the Lok Sabha and the Rajya Sabha. The legislation mandates the reservation of one-third of all seats in the Lok Sabha, state legislative assemblies, and Delhi (as a union territory with an elected assembly) for women. This linking of the implementation of the Act to the implementing of two long-term exercises of census and delimitation, makes little sense to many, and sounds quite like empowerment delayed for now.
In a 2012 article 'Holding Up Half the Sky: Reservations for Women in India', Rudolf C Heredia breaks down the common misconceptions that cloud our understanding of women's political participation- "When women do attain a national leadership role it is often because they have inherited the mantle from their fathers ophusbands, rather than as persons in their own right and are then projected as matriarchs, part of the joint family, complementary to the patriarchy rather than a challenge to it."
In 'Equality versus Empowerment: Women in Indian Legislature', 2023, Soumya Bhowmick makes the case for going a step beyond quotas, and to turn our attention to the complexities that shape women's agency in the country. This, he argues, would require a bottoms-up approach, rather than merely handing out reservations in a top-down manner. "In a country like India with a considerably large heterogeneous population, the dissemination of legislative power would be insufficient to protect the interests of minority groups such as women, Scheduled Castes, and Scheduled Tribes." He concludes that "implementing the idea of reservation for women would bring about descriptive representation, but its transformation into substantive representation would depend on the change in the attitudes of the people."
While the reservation of one-third of seats for women belonging to the scheduled castes and tribes under the amendment to article 330a and 332 of the constitution is a welcome step, it remains to be seen whether it fully acknowledges the complex interplay of hierarchies, socio-political relationships which also affect the extent and nature of complications that surround effective realisation of women's politics for Indian politics to emerge as a truly emancipatory space.- CLAT - 2025
- National Affairs
View More Questions