Open Access Research Article
ANALYSIS OF LEGAL AID WITH RESPECT TO INDIAN
Published Paper
Article Details
ANALYSIS OF LEGAL AID
WITH RESPECT TO INDIAN SOCIETY
AUTHORED BY -1. NAVDEEP KOUR
& 2. MAHAPARA ALI
1. Research Assistant, High Court of Jammu and Kashmir,
Jammu,
navdeepkour.law@gmail.com (7006046522)
2. Advoacate, High Court of Jammu and Kashmir, Kashmir
mahaparaali13@gmail.com( 7006001679)
Abstract
“In the State of nature
“All men are born equal, but they cannot continue in this equality. Society
makes them lose it and they recover it only by the protection of the law”-
Charles de Mantesqui
Law is a gift of God and
a decision of sages. It has two great things: to preserve order and do rights:
and the two do not always coincide. Plato stated that equity is a necessary
factor supplementary to the imperfect generalization of legal rules[1].Man's
conceptual manifestationsare nature and nurture. Both biological and situational
input has an effect on man. They connect to the natural and civil rights that
must be safeguarded. They have a tremendous impact on a person's overall
personality. It is the State's primary responsibility to ensure that the
country's legal system promotes justice, based on the rule of law, equality of
opportunity, and shall provide free legal aid in particular through
establishing appropriate legislation and plans. The government has the
authority to do so and also use ethnicity additional means to ensure that
citizens' rights to justice are not taken away because of their disabilities
due to financial constraints or other issues. Human rights were unknown to the
primeval man. One could have anticipated that with the dawn of civilization,
some regard for human rights would arise. The industrial revolution appears to
have ushered in the era of human rights. A clarion call was sent that man is
born with certain unalienable rights, including the right to life, liberty, and
property. Property rights are sacred. However, it was quickly discovered that
human rights were a luxury reserved for the wealthy, and that the poor man's
human rights were non-existent. Rights could be trampled on without
consequence. When poverty robs a human being of his or her right to exist,
human rights and human dignity are violated. However, the fight for human
rights must continue. It is a well-known fact that over 70% of individuals
living in rural areas are illiterate, with an even higher number unaware of the
rights granted to them by the country's legislature. The lack of legal
awareness among the general public is a major factor in the exploitation and
deprivation of rights and benefits to the poor. Their inexperience stops them
from avoiding legal problems by consulting a lawyer and receiving legal counsel
in a timely manner. The impact of legal issues and difficulties is amplified by
their poverty. Because of their illiteracy, they are unaware that the law is no
longer their guardian and that they are entitled to legal protection and can
take use of the legal assistance program, putting an end to their exploitation
and seizing their rights.
The
present research paper deals with the study of legal aid in the Indian Society
and the various difficulties arise in the practical implementation of the legal
aid.
Objective: The
objective of this research is to deeply analysis the various aspects of legal
aid in Indian society and to examine the bodies established under the Legal
Service Authorities Act, 1987 and determining the positive contribution of
Constitution of India and Judiciary for free legal aid in India.
Methodology: To
fulfill the objective of the Research Doctrinal form is adopted and secondary
sources are referred in doing this research.
Key Words: Legal aid, Constitution, Equality,
Legal Profession, Weaker Section, Judiciary.
Introduction
and Concept of Legal Aid
“The
concept of seeking justice cannot be equated with the value of dollars. Money
plays no role in seeking justice” Justice Blackmun in Jackson V Bishop.[2]
The
rule of law is pointless unless the general public has access to justice. One
of the constitutionally recognized human and fundamental rights is access to
justice. Access to justice refers to the ability to obtain justice quickly and
easily through judicial proceedings. The administration of justice should be
fair, transparent, effective, and responsible, and the state should take all
necessary steps to ensure that everyone has access to justice. Legal assistance
programs are an important part of any strategy to improve access to justice.
Access
to justice is a word that refers to people seeking a remedy through the formal
institution of the legal system, whether individually in a civil or criminal
case or collectively in a class action or constitutional challenge. It is
essential now, not only for the rule of law’s effectiveness, but also for
improving access to justice.
The
concept of legal aid was introduced in the judicial system. Legal aid simply
means free legal assistance to the weaker and poor sections of the society and
is a government welfare program that provides access to the legal system to
people who would not otherwise be able to afford it and it is closely linked to
the welfare state. Legal Aid refers to the provision of free legal assistance
to the poor and needy who cannot afford to hire a lawyer to represent them in a
lawsuit or legal procedure before a court, tribunal, or authority. Legal aid is
critical to ensuring that everyone has equal access to justice. The perspective
and role of the judiciary in relation to the right to legal aid have been
examined in this study. The recognition of the right to free legal assistance
as a fundamental right is the result of judicial interpretation of the most
prized right under Article 21 of the Indian Constitution.
CONCEPT
OF LEGAL AID
Legal
aid simply means providing free legal assistance to the poor and weaker section
of the society, the section who is not able to avail legal service and legal
aid is a method that is adopted to make ensure that no one is deprived of any
sort of legal professional advice just because of lack of funds. In this regard
Justice P.N Bhagwati rightly observed that “The legal aid means providing an
arrangement in the society so that the missionary of administration of justice
becomes easily accessible and is not out of reach of those who have to resort
to it for enforcement of its given to them by law, the poor and illiterate
should be able to approach the courts and their ignorance and poverty should
not be an impediment in the way of their obtaining justice from the courts.
Legal aid should be available to the poor and illiterate, who don’t have access
to courts. One need not be a litigant to seek aid by means of legal aid”[3].
Justice
V.R. Krishna Iyer observed that “The spiritual essence of legal aid movement is
said to consist in investing the Law with human soul”.[4]
Generally
giving equivalent equity to the unfortunate means giving admittance to the
courts and to dispense fair treatment inside the legal interaction, which is
conventional reasoning for lawful guide to poor people or distraught
individuals. The basic contrast between the Concept of legal help and Charity
lies in the way that the previous is a determinate right and can be reasonably
asserted while last option cannot be nobly requested. Nonetheless, the negative
obligation to shun incurring hurt is a lot more noteworthy obligation than the
obligation of giving guide. The sound judgment significance of legitimate guide
is the monetary or lawful help, free or with ostensible charges, given by the
general public, headed by a government, to its poor, more vulnerable, burdened
and oppressed individuals, in its endeavors and obligation to assist with
safeguarding their privileges and freedoms as well as in looking for defacto
and significant equivalent equity in the fair treatment of law. Legal aid
strives to ensure that constitutional pledge is achieved in its reality and
spirit and equal justice is manufactured available to the poor, downtrodden and
weaker parts of the society. It truly is worthy to talk about that the
Constitution of India provides that State will secure that the operation of the
legal system stimulates justice on a basis of equivalent opportunity, and will
in particular, provide free legal help, by suitable legal guidelines or schemes
or in different other way, to ensure that opportunities for protecting justice
are not denied to the citizen by reason of economic or other disability[5].The
Constitution of India ensure equality before law and equal opportunity to all[6].
Legal
aid is an outcome of the beginning of the socio economical beliefs and
wellbeing state. The emphasis of legal help is on distributive justice,
effective setup of welfare benefits and elimination of social and strength
discriminations from the weak, weak, disadvantaged people of the modern
society. Within adeveloping and poor democratic country like India, it is the
constitutional obligation ofthe express to provide legal aid to such poor and
deprived people.
Notwithstanding,
Legal Aid, in modem sense is a new idea arisen in the twentieth Century, in the
setting of the post-World War II philanthropic and communist cognizance of
equity, acknowledgment to the Human Rights, general assertions of basic
freedom, social and Political rights, prominence of public welfare and majority
rule States, socio-eco-political equity and the Worldwide mindfulness and
developments to guarantee simply human living with freedom, pride, uniformity
of opportunity and status and all-round advancement of the individuals at
large.
The
focal point of legitimate guide is on distributive equity, powerful execution
of government assistance benefits, end of ignorance, social and primary
separations. The legitimate guide is reasonably and indispensably connected to
destitution with regards to financial circumstances, eclipsed by the issues of
lack of education.In complete term, legal aid implies and incorporates
legitimate guide appropriate in theprosecution and legal aid and preventive
lawful administrations. The Legal guide legitimate isredial legitimate
administrations though the lawful exhortation and preventive
lawfuladministrations are positive help to keep away from treachery. The lawful
guidance is co-relatedwith legitimate guideyet, is autonomous of any court
continuing, having positive potential. Legal Aid is anything but a solitary
exertion however a purposeful positive development, adynamic idea of financial
equity and law and order which attempts tocarry defacto equivalentequity to
poor people and individuals under different incapacities in thescenery of
thecontemporaneous pattern of modem society towards libertarianismfurthermore
humanism tohelp and cause the socio-eco-legitimate equity arrive at the average
person rapidly, reasonably, similarly and with practically zero cost. The
doctrine of Equality before Law and fair trial arethe compulsory prerequisites
of rule of law where the lawful guide is the leveling instrumentalityto secure
true equivalent equity in that cycle. Salmond believed that fair, regulation of
justiceshould set both parties on an equivalent balance.[7]
Therefore, in a fair overall set of laws weshould search for procedural or
different standards to manage the cost of each party anequivalent chance of
introducing his case and calling and to forestall legal bias for by thesame
token. Itemized use of such principles might include the arrangement of lawful
guide andthe preclusion of intrigued people from sitting with regards to
judgment, the previousprerequisite for equivalent portrayal and the last option
for fairness. The way of thinking of legitimate guide conceives that the
hardware of organization of Justiceought to be effectively available and ought
to never be out of reach to poor people, sociallydistraught individuals and
they ought to be given defacto equivalent opportunity during the timespent
organization of Justice for Complete and Just implementation of freedoms,
guaranteeingbalance under the watchful eye of the law and equivalent insurance
of the regulations asguaranteed by the Constitution.Presently, the customary
perspective on lawful guide which was court or suit arranged, what'smore
implied basically the financial'assistance to a needy individual empowering him
to affirmor guard his privileges in the Court of regulation, has been changed
into more extensive dynamicidea where legitimate guide doesn't mean just
litigative legal aid but additionally preventive legalaid. The lawful guide
conspire is having double methodology for execution. On the one hand itoffers
litigative legal aid to convey financial Justice by guaranteeing lawful equity
in theprocessual Justice framework. Then again it offers preventive lawful
guide to concentrate upon the mitigation of neediness by changing the periphery
conditions for example lack of education, legitimate ignorance around one's
freedoms to be perceived, safeguard or attest which are liable for never-ending
destitution, to assist them with recovering from this disaster by injecting
confidence and advancement.
The
report on National Judi care - Equal Justice - social justice 1977 embraced
wider conception of legal aid from the point of view of preventive or strategic
legal aid to the poor, some of which are reiterated below:
1.
Spreading awareness & consciousness
among the poor and ignorant about their right & benefits
2.
Socio legal research into the legal and
non-legal problems of the poor;
3.
Helping poor to organize themselves to
assert their rights to secure socioeconomic justice to all
4.
Emphasis on the role and participation of
voluntary organization, social action group and legal aid clinic in the
University & law Schools;
5.
Organization of Lok Adalat for carrying
out of the legal services to the door steps of the poor
6.
Training of para legal persons
7.
Use of law for PEL through Class action[8]
Subsequently,
presently the significance of legitimate guide stands all the wider government
assistance and social equity arranged, and the idea of equivalent equity
attempts to enter into Society, where reside poor people, hindered individuals,
the quiet victims. Legitimate guide has expected to be more certain, dynamic,
viable, methodologies to diminish and nail the Root cause for example legal aid
as an instrument of "Battle against Poverty”. Legitimate guide, presently,
at this point not just recommends a program of giving free lawful portrayal and
interaction expenses in court procedures for example litigative administrations
yet in addition implies and incorporate the preventive administrations like
legitimate exhortation lawful mindfulness, legitimate preparation, public
interest suit, regulation changes. “Relieving “Legal Poverty”-the incapacity of
many people to make full use of the law and its institution – has now been
accepted as a function of the Welfare State.[9]Legal
aid is a result of financial way of thinking of the modem day. Presently lawful
guide doesn't simply mean providing for people of restricted implies free for
help with court sin regard of common and criminal matters. "Lawful guide
is the right of each needy and established commitment of the Government and not
a Noble cause. The idea of legitimate guide, presently, doesn't just imply
"portrayal through legal advisor at state cost in court procedures".
In any case, in more extensive idea upheld by the way of thinking of social and
equivalent equity as well as government assistance express, the legal aid will
likewise mean and incorporate lawful counsel, lawful mindfulness, lawful
preparation, public interest prosecutions, regulation change and an assortment
of vital and preventive administrations to advance equivalent access and
equivalent open door to equity and is considered as an-. Instrument of the
"battle against destitution".
The
legal aid is theoretically and indispensably connected and properly related to
poor people and other socially, monetarily burdened individuals in the general
public, basically with regards to an immature, anorexic financial condition.
The economy is establishing a vital component in the social elements and the
monetary design of a general public is the deciding component political and
generally other allied activities.
Prof.
Dias has rightly observed that “Law is a superstructure on an economic system;
economic factors are independent of and antecedent to Law.[10]The
financial inequalities and imbalances in status even antagonistically influence
the cooperation in a majority rules system and in accomplishment of social,
financial and lawful equity.
Berman
& Loeb observed that “Poor people are simply too burdened with the problems
of sheer economic survival to have any time to spare. In addition, it is “IQ
the poor who have come alienated from the society”.[11]
Legal
aid conveys the assistance provided by the society to its weaker members in
their effort to protect their rights and liberties, bestowed upon them by the
laws. There is no justice unless there is a sure uniformity about it. In a
country like India, where the poor are neither aware of their rights nor have
money to engage lawyers to defend them in the court, justice ends up becoming a
rich man’s indulgence. The object behind free legal services for the poor is to
ensure equal and uniform justice.[12]
LEGAL
AID AND INDIAN CONSTITUTION
India
is administered by a composed Constitution. This Constitution is a productive
outcome of an intentional conversation and discussions in the Constituent
Assembly, which incorporates people of political, philosophical background.
With an encounter of 200 years of English enslavement, India turned into a free
Nation on fifteenth day of August, 1947. The Constitution came into force with
impact from 26th day of January, 1950 and sets out civil rights, freedom and
uniformity of status as its fundamental goal.
The
Preamble to the Indian Constitution says- “… to secure to all of the citizens,
JUSTICE, Social,Economic and Political; LIBERTY of thought, expression, belief,
faith and worship; EQUALITY of Status, opportunity and to promote among them
all; FRATERNITY assuring the dignity of individual and the UNITY of Nation …
The concept of legal aid has its roots in
this very provision of the Constitution. So long as socio economic and other
forms of inequality exists, the implementation of National Charter becomes
impossible, until we evolve a process of administration of justice where
economic difference is not a factor for getting justice.[13]
The Constitution of India is among the
few within the world that contains specific provisions for legal aid. The
Preamble of the Indian Constitution, is that the object and policy of the core
law inter-alia provides for securing to all or any citizen equality of status
and justice- social, economic and political, each of the objectives have
inter-connection and underpinning. These objectives will solely be achieved if
the Constitution of India provides special provisions for legal aid.[14]
We live in a socialist democratic welfare state
that we are trying to promote and achieve socio economic justice and ensure
equality before the law. Legal aid,
includes equal status and opportunities and equality is the foundation of all
democracy. Legal aid is a tool for
achieving equality before the law.
Procedural system of judicial administration promotes equal justice as
stipulated in Article 14 of the Indian Constitution. Article 14 It states as
follows “The state shall not deny to any person equality before the Law or the
equal protection of the Laws within the territory of India”[15]
The most interesting feature of India's concept of
legal aid is that it finds its own Strength, power, support from the preamble
of the Indian Constitution. The preamble to the Constitution and
Part IV provides for social justice to abolish all kinds of inequality that can
result from economic differences that are prevailing in our society.So the Article 14 of the Indian Constitution
gives the concept of equality to everyone before the law that means law treats
everyone on same footing without doing any sort of discrimination.
Article 21 of the Indian Constitution provides “No
person should be deprived of his life or personal liberty except according to
procedure established by Law”. Article 21, therefore, indeed guarantees legal
aid as a Fundamental right of the citizen.[16]
Article
22 provides, “Article 22 Clause I of the Constitution of India further provides
that “no person who is arrested shall be detained in custody without being
informed, as soon as may be of the grounds for such arrest nor shall he be
denied the right to consult, and to be defended by a legal practitioner of his
choice”.[17]
Further
Article 39 of the Indian Constitution states, ““Equal Justice and Free Legal
aid - The state a 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.”[18]So the Preamble of the
Indian Constitution including Article 14,21,22 and 39 supports and promotes the
concept of legal aid giving it the Constitutional validity.
Legal Aid in India: the Contribution of
Judiciary
The Indian
judicial always tried to promote the concept of legal aid and work for the
welfare of people by providing them equal justice.
In the
famous Case law of HussainaraKhatoon, the Supreme Court pointed out that
Article 39-A emphasized that free legal service was an inalienable element of
reasonable element of reasonable, fair and just procedure and that the right to
free legal services was implicit in the guarantee of Article 21.[19]
Further in the case of Sukh Das v
Union Territory of Arunachal Pradesh, Justice P.N.Bhagwati emphasized the need
of creating the legal awareness to the poor as they do not know their rights
more particularly right to free legal aid.[20]
The Statutorily duty is also imposed
on the different branches of the government that too have to follow the rule of
law and this is the obligation on them to create trust Constitution and if it
is required the power is given to make rules and regulations in order to help
poor.[21]
It is rightly said by the Justice
Krishna Iyer, “if a prisoner sentenced to imprisonment is virtually unable to
exercise his constitutional and statutory right of appeal inclusive of special
leave to supreme court for want of legal assistance, there is implicit in the
court under Article 142 read with Article 21 and 39-A of the Constitution, the
power to assign counsel for such imprisoned individual for doing complete
justice”[22]
The courts by giving judgments on the
legal aid have supported this very idea of free legal assistance of the weaker
section of the society.
LEGAL AID IN INDIA: STATUTORY RECOGNITION
In the beginning no doubt we had the
statutory provisions for the legal aid and that was achieved by appointing the
advocate for defending the criminal cases and by exempting fee in civil case,[23]but these
provisions were not enough as they as they did not make any significant and
tremendous change in providing the free legal aid to underprivileged people and
so it was the need of time to enact a proper statute that will provide legal
aid to the poor people in an effective and proper manner. So after many
recommendations from the honorable Supreme Court, the Parliament of Indian
passed an act on Legal aid known as Legal Service Authorities Act, 1987, so the
main object of this act was to provide free legal aid to indigent people of the
society.
Under the Legal Service Authorities
Act, 1987 the authorities are established at national, state and district level
for making legal service rules and regulations and to frame most effective and
economical schemes for legal services.
The Legal Service Authorities Act,
1987 states in a very much prescribed way that who comes in eligibility
criteria of getting the assistance of free legal aid:
a)
A
member of a Scheduled Caste or Scheduled Tribe;
b)
A
victim of trafficking in human beings or beggar as referred to in Article 23 of
the Constitution;
c)
A
woman or Child
d)
A
mentally ill or otherwise disabled person;
e)
A
person under circumstances of undeserved want such as being a victim of a mass
disaster, ethnic violence, caste atrocity, flood, drought, earthquake or
industrial disaster; or
f)
An
industrial workman; or
g)
In
custody, including custody in a protective home or in a juvenile home
h)
Of
in a psychiatric nursing home within the meaning of clause (g) of section 2 of
the Mental Health Act, 1987
i)
A person whose annual income less than 50 thousand or such other higher
amount as may be prescribed by the State Government.[24]
According to the Act the ‘Court’ is a
civil, criminal or revenue court and includes any tribunal or any other
authority constituted under any law for the time being in force, to exercise
judicial or quasi-judicial functions[25]
and further under the Act the term legal services includes the rendering of any
service in the conduct of any case or other legal proceeding before any court
or other authority or tribunal and the giving of advice on any legal matter.[26]
Even our Supreme Court has set up
Supreme Court Legal Service Committee to strengthen the practice of legal in
real sense and to provide legal aid to as many people as they can.
CONCLUSIONS
Legal aid is not something that is
given charity as from the data and surveys we can say this very thing that in
India most of the people live below the poverty line and it became impossible
for them to present themselves in the legal matters so it is the right of the
citizens and duty of the State. The legal aid focuses to make it very sure that
the constitutional pledge is acquired in the true sense and equal justice is
made available to even weaker and poor section of the society. The Constitution
of India guarantees sets of rights through its Preamble (social, economic and
political justice), Fundamental Rights 11 and the Directive Principles[27] to make
the equality of the life of the poor, disadvantaged and the disabled citizens
of the society meaningful.[28]Government
of India started addressing the issue of access to justice for all, since 1952.
In fact, the 14th Law Commission headed by M.C. Setalvad observed: Equality is
the basis of all modern systems of jurisprudence and administration of justice.
In so far as a person is unable to obtain access to a Court of law for having
his wrongs redressed or for defending himself against a criminal charge,
justice becomes unequal and laws which are meant for his protection have no
meaning and to that extent fail in their purpose. Unless some provision is made
for assisting the poor man for the payment of Court fees and lawyer’s fees and
other incidental costs of litigation, he is denied equality in the opportunity
to seek justice[29]but in
there is lot of gap between the theoretical and practical aspects of legal aid
no doubt goals are set but they are not met, lack of awareness, illiteracy,
poverty, corruption are few of the obstacles that are faced in implementing the
legal aid in true and complete sense.
SUGGESTIONS
1.
It
should be the state's responsibility to provide funds for legal aid programs in
the highest feasible amounts, and it should be the legal profession's
responsibility to carry the burden.
2.
The
State may give funding for the purpose, the scheme's day-to-day administration
will have to be handled by groups made up entirely or mostly of attorneys.
3.
Illiterate
and underprivileged women, as well as children, should be made aware of their
legal rights and legal safeguards under several Acts.
4.
Both
print and electronic media should play a significant and responsible role in
raising awareness of legal aid issues.
5.
Supreme
Court may under the Legal Services Authority Act establish mini-village adalats
inviting retired judges, lawyers and activists to help organizing the same or,
recommend the same to Government for appropriate action.[30]
6.
Legal
Aid is provided without charge. The state must provide adequate funding to the
authorities because no one should be denied competent advice and guidance owing
to a lack of funds.
7.
Legal
Aid institutions at all levels should adopt suitable ADR methods while
providing legal aid so that the process of reaching a compromise between the
parties to the case can be accelerated and the problem can be resolved without
additional delay.
8.
The legal aid movement has to go to the grass
root level and help to discover, identify and solve the problems and difficulties
of the poor. It is necessary to promote more informal paralegal services in
places where basic access to justice opportunities and infrastructures are
absent.
REFERENCES
·
Dr.
Pratiya Panda, “Legal Aid in India-An Overview, Volume 6, Issue2 Indian Journal
of Applied Research (2016).
·
NishitaKirty,
“Equal Justice and Free Legal Aid”, Volume 4,Issue 2 International Journal of
Law Management and Humanities (2021).
·
Siddharth
Rana, “Legal Aid In Indian Constitution”, Volume 6, Issue 2 International
Journal of Creative Research Thoughts (IJCRT) (2018).
·
Ms.
Silky Mukherjee, “Constitutional Provisions For Legal Aid in India”, Bharti Law
Review, Jan-March 2013.
·
Chakrabarti,
Kunal,“Free legal aid and equal justice under the Constitution of India and the
role of the Supreme Court”(Ph.D. Thesis) submitted in University of Calcutta.
·
Kumar,
Anil “Legal aid programs and schemes in India a socio legal study” (Ph.DThesis)
submitted in Kurukshetra University.
·
Legal
Service Authorities Act, 1987
[1] https://www.assignmentpoint.com/arts/law/thesis-on-ensuring-free-access-to-justice-for-poor-through-legal-aid.html
[2] 404 F 2nd 571(8th
Cir 1968)
[3] Speaking through the Legal Aid
Committee formed in 1971 by the State of Gujarat on legal aid with its
Chairman, Mr. P.N Bhagwati along with its members, Mr. J.M Thakore, A.G, Mr. VV
Mehta, Deputy Speaker Gujarat VidhanSabha, Mr. Madhav Sinh F. Solanki, M.L.A
,Mr. Girish Bhai. His Lordship answered to the questions of inequality in the
administration of justice between the rich and the poor.
[4] Inaugural address at the 2nd State
Lawyers’ Conference Andhra Pradesh at Raj Murthy, (1976) 2. Sec.'1,4.
[5]http://www.commonlii.org/in/journals/NALSARLawRw/2013/13.pdf
[6] Article 14 and 22(1) of the Indian
Constitution
[7] (SALMOND on Jurisprudence, By P.J
Fizgerald, I21h Edition 1966, Sweet & Maxwell, London PP 62).
[8]https://shodhganga.inflibnet.ac.in/bitstream/10603/156247/6/06_chapter%202.pdf
[9] N.R. Madhava Menon, legal aid and
justice for the poor Chapter XII Page 376, in Law and poverty, Critical essays
edited by Dr. UpendraBaxi, 1988
[10] Dias, Jurisprudence, 5lh edition,
Butterworth, London PP.
[11] Berman and Loeb: Law and Men, 1970
edition, Page 55.
[12]Moharana, S.D., Dimension of Legal
Aid in 21st Century, Indian Bar Review, Vol. XXXVII (3& 4) 2010.
[13]Sarfaraz Ahmed Khan., Lok Adalat:
An Effective Alternative Dispute Resolution Mechanism, Published by APH, New
Delhi, 2006, p. 14.
[14]Basu, Durga Das. , Constitutional
Law of India, Prentice Hall of India Pvt. Ltd., New Delhi, 1991, p.1
[15] Article 14 of the Indian
Constitution
[16] Article 21 of the Indian
Constitution
[17] Article 22 of the Indian
Constitution
[18] Article 39 of the Indian
Constitution
[19]HussainaraKhatoon v State of Bihar
AIR 1981 SC 262
[20]Sukh Das v Union Territory of
Arunachal Pradesh AIR 1986 SC 991
[21] Order 33, Rule 9A, Code of Civil
Procedure, 1908
[22] M.H Hoskot v State of Maharashtra
(1978) 3 SCC 81
[23] Section 304(1) of Code of Criminal
Procedure and order 33, Rule 17 of Code of Civil Procedure
[24] Sec 12 of the Legal Services
Authorities Act, 1987
[25] Sec 2(1) (a) of the Legal Service
Authorities Act,1987
[26] Sec 2(1) (c) of the Legal Service
Authorities Act, 1987
[27] Articles 38, 39 and 46 of the
Constitution of India.
[28]Valsamma Paul v. Cochin University
AIR 1996 SC 1011
[29] Available at http://nalsa.gov.in
in 1960 some guidelines were drawn on legal aid schemes, the 14th Report of the
Law Commission reverberated this concept, and Krishna Iyer Committee and
Bhagavati Committee formulated a workable and practical scheme for legal aid in
1973 in 1977 respectively.
[30]Nyaya Deep, Issue (June, 2013)
Article Information
ANALYSIS OF LEGAL AID WITH RESPECT TO INDIAN
Authors: NAVDEEP KOUR, MAHAPARA ALI
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/07/10
- Issue 7
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