Open Access Research Article
THE ORIGIN AND EVOLUTION OF RIGHT TO LEGAL AID IN INDIA: AN ASSESSMENT
Published Paper
Article Details
THE ORIGIN
AND EVOLUTION OF RIGHT TO LEGAL AID IN INDIA: AN ASSESSMENT
AUTHORED BY - MIRZA ADEEB JIAN
ABSTRACT
This study provides a comprehensive assessment of the
origin and progression of the right to legal aid in India. The objective of
this research is to examine the historical progressions in legal aid activities
in India, with a specific emphasis on the legal precedents established by the
country's Judiciary. Additionally, the project will assess the efficacy of
current frameworks for delivering legal assistance. The aim is to emphasise the
accomplishments and obstacles in providing legal assistance, with the objective
of guaranteeing equitable access to justice, fairness, and equality for all
individuals, particularly those who are socially disadvantaged.
Keywords: Legal Aid, Evolution, Law, Justice,
Challenges
INTRODUCTION
Legal Aid entails
offering pro without charge or free legal counsel to indigent individuals who
lack the financial means to hire an attorney to advocate for them in a court,
tribunal, or any other legal entity. Legal aid plays a vital role in making sure that everyone has access to
justice regardless of what their social or economic background might be. It is
necessary to provide legal aid to the disadvantaged sections of society if the
rule of law is to be prevailed in the society. By bridging the gap between the
legal system of society and the disadvantaged sections of the society, legal
aid aims to uphold the ideals of Justice, Equality and fairness. Constitutional
provisions, Legislative reforms and judicial precedents have led to the
evolution of the concept of legal aid in India over the years and still
continue to do so in the country.
India's legal aid
structure comprises of several components, including statutory bodies like the
National Legal Services Authority (NALSA) and State Legal Services Authorities
(SLSAs), as well as Para-Legal Volunteers and Legal Aid clinics in law schools.
Additionally, legal aid committees established by the Indian judiciary are also
part of this structure. Moreover, various clauses in the Constitution of India,
such as Article 14 (guaranteeing the Right to equality), Article 21 (ensuring
the Right to life and liberty), and Article 39A (promoting Equal justice and
free legal aid), ensure impartiality by granting all citizens of India,
including marginalised groups, access to justice. These provisions also grant
authority to the judiciary, legislature, and executive to uphold the principles
of the rule of law.
The project aims to conduct a comprehensive
analysis of the origins, evolution and contemporary developments in right to
legal aid in India. Moreover, this project seeks to highlight the complexities
of providing legal aid in India, its effectiveness and the challenges faced in
providing it to the people of the country.
AIM
The aim of this project is to primarily address
the developments which have taken place in the sphere of right to legal aid in
India by assessing its evolution in pre-Independent as well as
post-Independence India, while highlighting the achievements and challenges it
has witnessed.
This project seeks to realize its aim by
fulfilling the following objectives:
·
Provide
a comprehensive analysis of the origin and evolution of right to legal aid in
India
·
Describe
the functioning of the various initiatives actively trying to realize the right
to legal aid
·
Examine and evaluate the ways in which the Indian
Constitution guarantees and safeguards the right to legal aid through different
clauses.
·
Discuss the difficulties encountered in
guaranteeing the right to legal assistance and the ability to get justice.
SCOPE
The scope of this study is limited to the
analysis of the developments which have taken place in the sphere of legal aid
in India. Additionally, this project concentrates its analysis through
historical developments, Constitutional provisions and Judicial decisions in
the country. This study seeks to fulfil its aims and objectives through a
comprehensive analysis of historical developments, legal frameworks and their
effectiveness and challenges faced in the realization of the right to legal
aid.
LIMITATIONS
The primary challenge this project is faced with
is the availability of reliable data to conduct its analysis due to the
inadequate documentation of the various legal aid initiatives taken up in the
country in the past and the absence of standardized protocols in the collection
of data related to the number of people who have benefitted from these legal
aid initiatives. Also, differences in interpretation of the various
constitutional provisions and the duties it imposes upon the state may lead to
dissimilar conclusions about the evolution of right to legal aid.
REVIEW OF LITERATURE
1.
“Legal Aid” by Kush Kalra and Saksham
Pradyot
Free
legal aid is increasingly seen as a tool to enable the underprivileged and
disadvantaged to use the legal system to further their rights and interests as
citizens and as participants in the economy. The goal of this book is to
encourage upcoming advocates and law students to focus on issues related to
justice access. It also serves as a useful resource for legal professionals.
All legal professionals who are interested in learning about legal aid and
access to justice through the judicial system will find this book to be very
helpful.
2.
“Comparative Legal Aid Systems and India” by Jeet
Singh Mann
The
book highlights the structural deficiencies in the legal aid system and sheds
light on the challenges faced by individuals in accessing these services, based
on real data from 18 states and 36 districts in India. The text acknowledges
the deficiencies in the local administration of the legal aid system in India
and proposes ideas and solutions to overcome these barriers, enabling the
disadvantaged individuals receiving legal aid to access justice promptly,
inexpensively, and without any hindrance.
RESEARCH QUESTIONS
1. When did
the right to legal aid came to origin in India?
2. How is the
right to legal aid being realized in the country?
3. What are
the challenges faced in ensuring the right to legal aid in India?
RESEARCH METHODOLOGY
The approach to
research in this study has been doctrinal as it focuses on providing a
comprehensive assessment of the evolution of the right to legal aid in India by
analysing provisions of the Indian Constitution, verdicts given and precedents
set by the Indian Judiciary. For the completion of this project, data
has been collected from books, journals and articles across the Internet. All
the information taken from these secondary sources have been appropriately
cited. The mode of citation is 20th edition Harvard Bluebook.
LEGAL
AID IN INDIA BEFORE INDEPENDENCE
The origin of legal
aid can be attributed to the transfer of the criminal court system from the
Mughal emperors to the East India Company. According to all reports, the
transition to this system was challenging. Due of their lack of familiarity
with the British judicial system, the Indians had a significant credibility
dilemma. The government-licensed lawyers who defended clients in Indian courts
were regarded merely as British instruments, utilised to suppress any form of
resistance[1].
The problem of
credibility surfaced throughout a number of significant political trials, like
the one involving Bahadur Shah Zafar immediately following the 1857 uprising,
when he was stripped of his right to legal representation and eventually exiled
as a result[2].
It is therefore plausible that the original idea behind legal assistance
originated from a need to regain the trust of the Indian public in the legal
system in order to effectively govern it.
Consequently, the
initial establishment of the Code of Criminal Procedure in 1898 included a
provision that allowed individuals accused of a serious offence punishable by
death to receive legal representation funded by the state throughout their
trial in a sessions court. However, this kind of protection was discretionary
and mostly dependent on how politically sensitive the issue was. However, many
looked for alternatives outside of the legislative frameworks for legal
representation for the most economically disadvantaged due to the insufficient
protection provided by such legal assistance. An exemplary instance of such a
collective was the Bombay Legal Aid Society, established in 1924, with the
primary objective of providing indigent individuals with access to justice by
covering court expenses and providing pro bono legal aid. It brought the cases
of the poor before the Bombay High Court with scant financing from industrial
houses and the Bombay government. In actuality, it was this group that
suggested establishing a nationwide system of legal aid and representation in
India[3]. Due to
its court-centric and poverty-focused nature, the understanding of legal aid
during this time period obviously suffered from a lack of scope.
LEGAL AID IN INDIA
AFTER INDEPENDCE
India, as a recently
established sovereign state, faced numerous challenges, one of which was the
issue of severe poverty. A collection of governmental studies provides valuable
insights into the chronicle of legal assistance in India after gaining
independence. For the purpose of
this project, only the relevant parts from those reports have been used and it
reveals that a system of structured legal representation or legal aid was
established in post-independence India's most developed cities such as Bombay
and Calcutta in early 1950's to help individuals who faced economic hurdles[4]. These
initiatives laid the groundwork for expansion of legal aid in India which
occurred subsequently.
The enactment of the Kerela Legal Aid Rules in
1957 marked a pivotal moment, helping those unable to afford access to Justice
by providing them with free legal assistance. However, it was the Law
Commission of India's 14th Report in 1958 which led to the trajectory of Legal
Aid in India taking a more nuanced turn. The report recommended that focus be
given on instituting graded fee schemes for those who came for an economically
weaker background and the commission underscored the importance of legal aid[5].
Nonetheless, the establishment of legal aid clinics in the Indian law schools
was overlooked despite them playing a very important role in disparaging free
legal aid in countries like the United States
The Gujarat government set up the Bhagwati
Committee in 1970. The Bhagwati Committee's recognition of the inadequacy of
the traditional legal aid model in the court centric system of India
constituted an important development in the evolution of legal aid in
1970. According to it, it was not
possible to separate poverty and legal aid. It proposed a shift towards a
system of Alternative dispute resolution and preventive legal aid using systems
such as negotiated settlements and counselling[6]. By
doing so the committee heralded a new era in legal aid in India as earlier the
use of alternative dispute resolution mechanisms for legal aid was unheard of
in India.
The Juridicare Committee was setup by the
central government subsequently in 1976 advocated that a comprehensive national
legal aid program be established and the importance of law schools in providing
legal aid was recognised for the first time. The committee emphasized on the
importance of preventive legal aid through negotiation and conciliation outside
court at the pre litigation stage and participation from the legal community
including law students and various organisations to ensure access to Justice[7].
However, the political landscape of Emergency
prevailing during that time prevented the recommendations made by the committee
in being effective[8].
But with passage of time Article 39A, was inserted into the Constitution of
India through the 42nd amendment in 1976. It guarantees equal justice and free
legal aid for all citizens of India regardless of what their Socio-economic
status was. However, the proper execution of these measures was not achieved, and
the government transition resulted in the Judicare committee's recommendations
being shelved, creating a discrepancy between legal aid policy and practice.
The matter was
thoroughly reconsidered in 1987 when the Legal Services Authorities Act, 1987
(LSAA) was passed. This legislation sought to enhance the state's commitment to
furnishing legal aid, as outlined in Article 39A of the Indian Constitution.
The definition of legal aid was broadened to encompass a broader spectrum of
disadvantaged groups, rather than only targeting poverty alleviation as it had
done before[9].
Moreover, the enactment of Lok Adalats and permanent Lok Adalats under this Act
indicated a shift away from a focus on courts in guaranteeing legal assistance.
Consequently, there has been a significant change in the state's perception of
legal assistance, resulting in a transformation of its role and influence.
LEGAL AID IN LAW SCHOOLS
The hidden part of the academic discussion about
law school’s role in providing legal aid, particularly within the context of
alternative dispute resolution in India is remarkable. This has also resulted
into ongoing challenges with regard to legal aid institutions in the country.
In earlier times, legal education was always concerned with theoretical issues
whereby practical training was left for apprenticeships under a lawyer.
Nonetheless, case book method introduced at Harvard in 1900s led to realization
that there must be an element of practice with such studies. Consequently,
these gave rise to free legal aid consultation clinics which were like medical
dispensaries targeting poverty related issues alone thereby helping individuals
get advice from attorneys without any cost attached to them[10]. These
clinics have evolved over time following the transformation of legal education
towards addressing social concerns and today provide various services including
taxation law as well as “street legal aid”whereby help regarding day-to-day
issues are addressed among others. The primary objective of clinical legal
education is to not only provide students with practical experiences but also
to advance social justice by aiding individuals facing genuine legal issues.
Legal education in India started off being
designed for producing clerks and supporting the financial interest of Britain rather
thanpromoting social justice. There were around 500 law schools in India at the
period of independence but the potential of these schools to offer support for
social justice through legal aid remained mostly unmet because both the inability
of the institutions and the organization governing it, that is the failure of
the Bar Council of India in providing funds and infrastructural support. Some
initiatives, for instance, Delhi University’s Legal Aid Clinic had tried to
tackle some aspects of legal issues such as prison representation but they were
limited in scope and lacked institutional support leading to their eventual
fade off[11].The Ahmedi Report,
published in 1994, resulted in the implementation of five-year law courses that
have facilitated the advancement of clinical legal aid. However, there has been
a lack of enforcement regarding regulations that mandate all law schools to
have legal aid clinics, despite the Bar Council of India's rule requiring such
clinics for accreditation[12]. Even though attempts have been made at
imitating successful models like those at Delhi University, conflation between
Clinical Legal Aid and State-supported legal aid hinders flexible and
innovative delivery of legal services. Hence, it is imperative to
address this merging of concepts and implement improved regulations for
clinical legal assistance in order to fully harness its potential inside the
Indian legal education system.
CONSTITUITONAL
PROVISIONS ENABLING ACCESS TO LEGAL AID
Article 39A of the Indian
Constitution primarily covers the regulations pertaining to legal assistance in
India. This essay highlights the significance of guaranteeing fair and
impartial access to legal assistance for every individual, irrespective of
their economic standing or any other limitations.The pertinent portion of the constitution is as
follows:
Article 39A of the Indian Constitution
stipulates:
"The State shall secure that the operation of the legal
system promotes justice, on a basis of equal opportunity, and shall, in
particular, provide free legal aid, by suitable legislation or schemes or in
any other way, to ensure that opportunities for securing justice are not denied
to any citizen by reason of economic or other disabilities[13]."
This provision of the constitution highlights
India's commitment to promoting justice and providing free legal aid to persons
who are economically or otherwise disadvantaged. The article recognises the
importance of obtaining justice as an essential human entitlement and emphasises
the need to eliminate any barriers that may hinder individuals from accessing
justice.
The Indian government
enacted the Legal Services Authorities Act, 1987, in compliance with Article
39A, with the aim of establishing the legal infrastructure for the provision of
legal aid in India. The objective of this Act is to streamline the implementation
of legal aid programmes and services at both the national and state levels. The
creation of the National Legal Services Authority (NALSA) and State Legal
Services Authorities (SLSAs) was undertaken with the aim of streamlining this
process.
Article 39A of the
Indian Constitution outlines the framework for the provision of free legal aid
in India. It highlights the significance of ensuring equal access to justice
and places the onus on the government to remove any barriers that might prevent
citizens from seeking justice due to financial constraints or other
disabilities.
Article 39-A of the
Indian Constitution pertains to the particular provision that outlines the
rights and ideals about equal justice and free legal assistance for all
citizens. Moreover, this Article acknowledges that the right to a fair trial is
a fundamental human right that is closely connected to the right to legal
assistance. As a result, Article 39-A was added to the Constitution through the
Forty-second Amendment Act in 1976. The State is accountable for formulating
suitable legislation and efforts to guarantee the provision of complimentary
legal aid in alignment with the ideals delineated in the "Directive
Principles of State Policy." The main purpose of introducing this
amendment and integrating Article 39A was to guarantee fair and equal access to
justice for all individuals, regardless of their financial or other
limitations. It aims to achieve this goal by imposing a responsibility on the
state to provide such access.
In the case of Sheela
Barse v. State of Maharashtra, it was determined that one of the essential
responsibilities outlined in articles 21 and 14 of the constitution, as well as
article 39-A, is to provide legal assistance to an impoverished accused person
who has been imprisoned and may lose their life. Therefore, the provisions relating
to legal aid in the above-mentioned articles are briefly discussed below:
Article 14 (Right to
Equality): Article 14 ensures the equality of all individuals before the law and makes
sure that they get equal protection of the laws within the territory of India
as entitled[14].
As denial of legal assistance to those who can't afford it is violative of
Article 14, the right to legal aid is implicitly incorporated in Article 14.
The availability of legal aid free of cost ensures that all individuals
including those from disadvantaged sections of society have a fair opportunity
to protect their rights and defend themselves, thus, upholding the spirit of
equality as enshrined in Article 14 of the Constitution of India.
Article 21 (Right to
Life and Liberty): Article 21 makes sure that except by procedure
established by law, no person is deprived of their life or their personal
liberty[15]. The
Indian Judiciary has included several rights, including the right to legal aid,
through a broad reading of this article. Legal assistance is necessary to
protect oneself from unjust actions by the government or violations of one's
rights by individuals or organisations. Therefore, access to justice and legal
counsel are crucial for safeguarding life and personal freedom.
LANDMARK JUDGEMENTS
·
Sheela Barse v. State of Maharashtra[16]
Decided on: February 15,
1983
FACTS
This
public interest lawsuit was brought about in response to the abuse of female
inmates in Bombay's jails.
FINDINGS
The court-imposed
mandates stipulating that all incarcerated individuals detained in prisons in
Maharashtra must be provided with legal assistance. The court reaffirmed the
constitutional requirement for indigent defendants who face the possibility of
losing their lives or personal liberties to be provided with legal
representation. The statement highlighted the significance of this right in
rebuilding trust in the judicial system, safeguarding prisoners' rights against
mistreatment and torture, particularly when their imprisonment obstructs their
ability to obtain legal counsel. The court has ordered the Maharashtra jails to
furnish a full roster of all detainees who are awaiting trial to the Legal Aid
Committee of the district. In addition, the court has mandated that the prisons
arrange meetings between inmates who are in need of legal assistance and
lawyers who have been approved by these committees. The objective of these
procedures is to guarantee that inmates have adequate access to legal counsel.
·
Hussainara Khatoon v. Home Secretary, State of
Bihar[17]
Decided on March 9, 1979
FACTS
This
Public Interest Litigation was filed concerning the rights of undertrial
detainees and the management of Bihar's jail system.
FINDINGS
The
court addressed the problem of undertrial inmates not being released on
bail and emphasised the importance of implementing a comprehensive legal
help programme. Article 21 stipulates those legal services are an indispensable
element of a just, equitable, and fair procedure. The court determined that,
under certain circumstances, it is the constitutional entitlement of any
accused individual who lacks the financial means to get legal representation,
due to considerations like as poverty, destitution, or being unable to
communicate, to be provided with a counsel appointed by the government.
·
Khatri and Ors. v. State of Bihar and Ors[18].
Decided on December 19,
1980
FACTS
A public interest
litigation about the blinding of inmates in Bihar was filed in this case.
FINDINGS
The
court pointed out that these convicts did not have legal representation when
they appeared before the magistrate, nor did the magistrate ask if they wanted
legal representation at state expense, when considering their entitlement to
compensation. The court criticized lower courts for failing to uphold the
constitutional right to legal representation and to adhere to the Supreme
Court's binding ruling in Hussainara Khatoon v. Home Secretary, State of Bihar.
It also made clear that the State could not use administrative or financial
incapacity as a way out of its constitutional duty to provide an impoverished
accused person free legal representation. It was emphasized that this
obligation begins the moment the accused appears before the magistrate. Taking note
of the defendant's ignorance of his legal rights, the court decided that the
magistrate must tell the accused that he is entitled to free legal services at
the expense of the State if his poverty prevents him from hiring a lawyer. The
court clarified that this only applied in situations where the defendant faced
prison time and when it was necessary for him to get free legal representation
due to the unique facts of the case and the demands of social justice. The
court notes that legal aid is not always necessary in cases involving offenses
like economic offenses, prostitution, or child abuse.
These
landmark judgments have played an essential part in shaping the legal system
for legal aid in India, reaffirming the right to free legal aid as a fundamental
right and emphasizing its significance in guaranteeing access to equity for all
segments of society.
NATIONAL
LEGAL SERVICES AUTHORITY
In order to guarantee
fair and equal access to justice and offer free legal assistance to those who
are disadvantaged, the Indian Parliament passed the Legal Services Authorities
Act of 1987. This effectively implemented Article 39-A of the Indian Constitution.
Article 39-A of the Indian Constitution is intended to advance justice by
providing free legal aid to those who are economically disadvantaged, socially
marginalised, and vulnerable. This initiative aims to enhance the overall
fairness of the legal system and promote social progress. The legislation was
enacted on November 9, 1995, with the aim of facilitating the establishment of
a statewide network and providing effective and free legal services to the less
privileged and underprivileged. NALSA has created courts around the country
that function in accordance with the principles of this Act.
The enactment of the
Legal Services Authorities Act in 1987 led to the establishment of the National
Legal Services Authority of India (NALSA) on November 9, 1995. The objectives
of this organisation are to organise Lok Adalats for expeditious resolution of
disputes and to provide pro bono legal aid to eligible individuals (as defined
in Section 12 of the legislation). The Executive-Chairman has the second-highest
position among the judges of the Supreme Court of India, while the Chief
Justice of India acts as the patron-in-chief of NALSA.At the state and district
levels, a comparable structure exists, overseen by the chief justice of the
high courts and the top judges of the district courts, respectively. The
primary objectives of NALSA are to accelerate the resolution of cases and
reduce the burden on the courts[19].
Lok Adalat
NALSA and other Legal
Services Institutions organise Lok Adalats. Lok Adalat is an alternate method
of resolving conflicts that provides a platform for the peaceful settlement of
issues that are either currently being tried in court or are in the pre-litigation
stage. The Legal Services Authorities Act of 1987 conferred formal recognition
to Lok Adalats. The award rendered by the Lok Adalats is regarded, as per the
aforementioned Act, as a conclusive civil court decree that is legally binding
on all parties and cannot be challenged in any court of law.
While parties cannot
appeal a Lok Adalat verdict, they can still assert their right to litigate by
approaching the relevant court and initiating a case through the required
processes if they are if they aredissatisfied with the result. When a case is
submitted to a Lok Adalat, there is no requirement for payment of court fees.
If a dispute that is being adjudicated in court is referred to the Lok Adalat
and subsequently resolved, the original court fees paid by the parties are also
reimbursed.
The individuals
assigned with the responsibility of making decisions in the Lok Adalats are
referred to as Members of the Lok Adalats. They serve as statutory conciliators
and do not possess any judicial power. Their role is limited to persuading the
parties involved to reach a resolution outside of the court in the Lok Adalat.
They are strictly prohibited from exerting any form of pressure or coercion on
the parties to make compromises or settle cases, either directly or indirectly[20].
Nature of free legal
services
Free legal aid refers
to the provision of no-cost legal assistance for disadvantaged and marginalised
individuals who lack the financial means to hire a lawyer for their civil or
criminal matters, enabling them to navigate legal proceedings in any court,
tribunal, or authority. The National Legal Services Authority (NALSA) is
responsible for overseeing these services, which are regulated under the Legal
Services Authorities Act of 1987.
Providing out free
legal aid could entail:
·
representation in court by an advocate.
·
payment of all costs associated with any legal
actions, including process fees, witness fees, and other charges that may be
due or incurred;
·
drafting pleadings, appeal memoranda, and paper
books, as well as printing and translating court papers;
·
drafting petitions special leave, legal
documents, etc.
·
Provision of authenticated duplicates of court
decisions, rulings, transcripts of testimony, and other records in legal cases.
In addition to
helping beneficiaries access benefits under welfare statutes and schemes
created by the central or state governments, free legal services also involve
advising and supporting them in any other way to guarantee their access to
justice[21].
Paralegal Volunteers
The National Legal
Services Authority (NALSA) launched the Para-Legal Volunteers Scheme in 2009
with the goal of providing legal training to volunteers chosen from a variety
of backgrounds. This would guarantee that legal aid would reach all demographics
through the program, thereby lowering barriers to accessing justice. It is
anticipated that Para-Legal Volunteers (PLVs) will serve as go-betweens,
bridging the gap between the general public and legal services institutions to
remove barriers to accessing the court system. The procedure ultimately
attempts to have legal services institutions reach out to people at their
doorstep instead of the other way around.
Para-Legal Volunteers
(PLVs) are equipped with basic legal knowledge as well as other available
welfare measures and legislation to help those in their immediate neighbourhood
who require it. This way, someone who is unaware of their rights can be made
aware of them and given access to measures that involve their implementation[22].
These several
channels for free legal aid ensure that everyone, regardless of their
socio-economic background, has equal access to justice and legal assistance.
ADDRESSING
CHALLENGES IN LEGAL AID PROVISION
The
lack of legal awareness among the people and low education levels in general is
a significant hinderance in ensuring access to justice through the various
initiatives and free legal aid services provided by the state as people are
unaware of what there are rights are and what options such as Lok Adalats and
legal aid they have. Thus, the objective of the legal aid movement in
the nation has not been fully achieved.
Furthermore, many legal professionals, including advocates and lawyers, often charge significant fees for their services and refuse to take part in social justice projects undertaken by the government.
This
lack of support from lawyers and advocates in providing aid to those in need
acts as a hurdle in the objective of ensuring access to justice and legal aid
for everyone. Also, the limited power vested upon Lok Adalats further
exacerbate the problem as unlike civil courts they can’t compel parties to attend
the process often resulting in one of the parties involved not attending and
leading to delay in the process of justice. This voluntary nature of
participation poses as an obstacle in the effectiveness of alternate dispute
resolution avenues such as Lok Adalats.
Moreover,
paralegal volunteers who are supposed to reach out to marginalized communities
are often not properly trained, supervised and even lack in numbers as compared
to the large population size, thus, leading to their underutilization and the
objective of ensuring access to free legal aid remains unrealized.
CONCLUSION
The evolution of legal aid in India reflects
towards a journey marked by realisation of the foundational principles of
justice, equality and fairness as enshrined in the Constitution of India.
Beginning from its early stage which consisted of initiatives like the Bombay
Legal Aid Society to its contemporary developments which have led to an
extensive framework established by Legal Services Authorities Act of 1987,
right to legal aid in India has been through significant transformation.In India, the
establishment of the right to legal aid has been developed over time through
constitutional provisions, legislative reforms, and judicial decisions. All these aims to ensure access to justice,
fairness and equality for all citizens of the country regardless of what their
social or economic background is. In this regard, Article 39A of the
Constitution of India stands out in particular as a mark of commitment to
guaranteeing that people have an equal opportunity to secure their rights and
defend themselves in courts.
In addition, the
creation of the National Legal Services Authority (NALSA) and State Legal
Services (SLSAs), which organise Lok Adalats and implement initiatives like the
use of Para-Legal volunteers, demonstrates a dedication to bridging the divide
between the marginalised populations of the country and the legal system. In
addition to offering free legal aid services, these projects also promote legal
awareness among the population of the country.
Furthermore, it is
crucial to regularly evaluate the efficacy of all legal aid schemes in India
and also to spread knowledge among marginalised communities in order to enhance
their awareness of their legal entitlements. It is essential to provide adequate
training to para-legal volunteers and enhance collaboration between legal
professionals and state-led projects. The right to legal aid is regarded as a
vital cornerstone of a fair and inclusive society in India, rather than a mere
legal entitlement. A nation must move forward with a steadfast dedication to
ensuring equal access to fair and impartial justice, while respecting the
principles of equality, fairness, and adherence to the law.
BIBLIOGRAPHY
Books
1. S.
Muralidhar. Law, poverty and legal aid: Access to criminal justice. LexisNexis
Butterworths, 2004.
2. Noorani
Abdul Gafoor Abdul Majeed. Indian political trials. Oxford Univ. Press, 2008.
3. Austin,
Granville.Working a Democratic Constitution. Oxford India Paperbacks, New
Delhi, 1999.
4. Dubin John.
Clinical Design for Social Justice Imperatives. Southern Methodist University
Law Review 1998.
5. Bloch,
Frank and M.R.K. Prasad. Institutionalizing a Social Justice Mission for
Clinical Legal Education: Cross-national Currents from India and the United
States. Clinical Law Review, 2006.
Online Sources
1.
www.scconline.com
2.
www.manupatrafast.com
3.
https://nalsa.gov.in/
4.
https://aslsa.assam.gov.in/
[1] S. Muralidhar, Law, poverty and
legal aid: Access to criminal justice 32 (LexisNexis Butterworths) (2004)
[2] Noorani Abdul Gafoor Abdul Majeed,
Indian political trials 1775-1947 (Oxford Univ. Press) (2008)
[3] S. Muralidhar, Law, poverty and
legal aid: Access to criminal justice 36-37 (LexisNexis Butterworths) (2004)
[5] Austin,
Granville, Working a Democratic
Constitution(Oxford India Paperbacks, New Delhi) (1999).
[6] S. Muralidhar, Law, poverty and
legal aid: Access to criminal justice 45 (LexisNexis Butterworths) (2004)
[9] Legal Services Authorities Act, No. 39, Acts of
Parliament, 1987 (India).
[10] Volume 51, Dubin John, “Clinical
Design for Social Justice Imperatives”, 1463-1466, Southern Methodist
University Law Review 1998. 1461
[11] Volume 13, Bloch, Frank and M.R.K.
Prasad, “Institutionalizing a Social Justice Mission for Clinical Legal
Education: Cross-national Currents from India and the United States”, 165,
Clinical Law Review 2006.
[12] Rule 31, Chapter III, Bar Council
of India Rules on Legal Education, 2008.
[13]India Const. art. 39A, amended by
The Constitution (Forty-Second Amendment) Act, 1976.
[14] India Const. art. 14.
[15] India Const. art. 21.
[19] National Legal Services Authority,
https://nalsa.gov.in/ (last visited May 13, 2024)
[20] Lok Adalat National Legal Services
Authority, https://nalsa.gov.in/lok-adalat (last visited May 13, 2024)
[21] National Legal Services Authority,
https://nalsa.gov.in/ (last visited May 13, 2024)
[22]Government of Assam Legislative
Assam State Legal Services Authority Para-Legal Volunteers | Assam State Legal
Services Authority | Government Of Assam, India,
https://aslsa.assam.gov.in/portlets/para-legal-volunteers#:~:text=During%20the%20year%202009%2C%20National,process%20of%20Para%2DLegal%20Volunteers
(last visited May 13, 2024
Article Information
THE ORIGIN AND EVOLUTION OF RIGHT TO LEGAL AID IN INDIA: AN ASSESSMENT
Authors: MIRZA ADEEB JIAN
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/05/22
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.