Justice at Risk: India must not retreat from legal aid

The National Legal Services Authority of India (NALSA) recently announced that it will not renew contracts for Legal Aid Defence Counsels (LADCs) in criminal cases. LADCs provide free legal representation to those who cannot afford private lawyers. This decision came after concerns raised by Bar Associations in several states about LADCs potentially creating a parallel criminal bar and affecting the livelihoods of practicing advocates.

However, it is crucial to consider the benefits and limitations of the LADC system before making such a significant change. In 2025-26, LADCs handled 4,86,354 cases, including 1,88,878 bail cases, which represent approximately 1.6 percent of the total criminal cases instituted in India annually. Critics argue that LADCs may lead to a lack of independence in the legal profession, but many LADCs have proven diligent in their work, meeting deadlines and protecting their clients' rights.

The traditional assigned-counsel system, which has been criticized for missed hearings and delayed applications, could provide valuable insights into improving the LADC system. Additionally, concerns about inexperienced young lawyers handling legal-aid matters should be weighed against the potential benefits of a more structured legal aid system.

The current interim arrangement should be carefully evaluated, and a national assessment of the LADC system is necessary before making any decisions that could jeopardize the legal-aid system.