Legal Provisions relating to Free Legal Aid -II:-Article 39A of the Constitution of India provides that State shall

secure 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 disability. Articles 14 and 22(1) also make it obligatory for the State to ensure equality
before law and a legal system which promotes justice on a basis of equal opportunity to all. Legal aid strives to ensure that
constitutional pledge is fulfilled in its letter and spirit and equal justice is made available to the poor, downtrodden and
weaker sections of the society.

Legal Aid Under Cr.P.C:- S. 304(1) "Lays down that when accused facing a trial. Concept of free legal aid scheme under legal
services Authority. Act is only when accused facing trial in court. When person is VV poor, then he can get legal aid. In the
absence of lawyer, the entire trial becomes vitiated and then case to be remanded back to the trial court. Court to ask the
accused, whether he has services to engage a lawyer or not. If not, the court is bound to give him lawyer from the bar, who
should be well versed with the law and to be get paid by St. Govt. Court cannot sympathize with a lawyer. Lawyer must be a
competent one.

Legal Aid Under CPC: Order 33, rule 17 of CPC: Suit by or against an indigent person. When a plaint along with petition, that
person unable to avail services of an lawyer, then court exempts him from court fees. ORDER XXXIII.
Suits may be instituted by in by indigent person. Subject to the following provisions, any suit may be instituted by an indigent
person
Explanation I—A person is an indigent person,—
(a) if he is not possessed of sufficient means (other than property exempt from attachment in execution of a decree and the
subject-matter of the suit) to enable him to pay the fee prescribed by law for the plaint in such suit, or
(b) where no such fee is prescribed, if he is not entitled to property worth one thousand rupees other than the property
exempt from attachment in execution of a decree, and the subject-matter of the suit.
Explanation II—Any property which is acquired by a person after the presentation of his application for permission to sue as
an indigent person, and before the decision of the application, shall be taken into account in considering the question
whether or not the applicant is an indigent person.
Explanation II—Where the plaintiff sued in a representative capacity, the question whether he is an indigent person shall be
determined with reference to the means possessed by him in such capacity.]

Judicial Activism:-The Judicial Activism in India can he witnessed with reference to the review power of the Supreme Court
under Article 32 The term 'judicial activism' refer to the action of the courts beyond the power of judicial review. In short,
judicial activism means the Supreme Court and other lower courts become activists and compel the authority to act and
sometimes also direct the government regarding policies and also matters of administration. Judicial activism has arisen
mainly due to the failure of the executive and legislatures to act effectively and to deliver the goods in just manner.Judicial
activism plays an important role in Bhopal gas tragedy and the Jessica Lal Murder case.

Judicial activism through public interest litigation:- In India judicial activism was made possible by PIL (Public Interest
Litigation). Generally speaking, before the Court takes up a matter for adjudication, it must be satisfied that the person who
approaches it has sufficient interest in the matter. It was made so in favour of social action and the court accepts its validity
and steps in to set things right. Ideologically, such litigation and judicial intervention born of it has transformed the classical
liberal rights model enshrined in the Constitution into a paradigm provided ‘rights’. Undoubtedly, such litigation has provided
an ordinary man an access to the apex court of the country.

Article 22 indian constitution legal aid: Our constitution is based on fundamental that "Let Hundreds Go Unpunished, But
Never Punish An Innocent Person" Right to get a fair representation in a criminal procedure is a facet of Right to Equality
(Article 14).Thus, accused is given fair equality as par with other citizen. Also by the judicial voice, a wider ambit has been
given to right to life and liberty and thus accused are given a human treatment in jails fulfilling reformative approach (Article
21). Article 22 talks that No person 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, legal practitioner of his choice. The
exception to the right is that it is not to be applied on alien. Thereby, these rights under constitution are inherent rights and
cannot be altered or changed.
Legal Services Authority Act,1987:-An act to constitute legal services authorities to provide free and competent legal services
to the weaker sections of society to ensure that opportunities for securing justice are not denied to any citizen by reason of
economic or other disabilities and to organize Lok Adalats to secure the operation of the legal system promotes justice on
the basis of equal opportunity.
criteria for giving legal services:- Persons who are entitled legal services under this act are :-
1.To a member of Scheduled Tribe or Scheduled Cast
2.To a victim of trafficking in human beings or beggars
3.To women and children
4.To a person with disability
5.To a person being victim of mass disaster, ethnic violence, caste atrocity, flood, drought , earthquake or industrial disaster.
6.To a person in custody , including custody in protective homes like juvenile home etc.
7.To a person whose annual income is less than 9 thousand rupees as prescribed by State Government and 12 thousand
rupees as prescribed by Central Government.