RIGHT TO LEGAL AID IN INDIA

INTRODUCTION
We are living in a democratic country where every political party claims to uplift the weaker
section of the society when the elections are around the corner. In the 2019 Lok Sabha Elections,
around Rs. 55,000 crores were spent according to a report of Centre for Media Studies 1. And
from that Rs. 55,000 crores, 35% or 1/3 rd of the money was spent on Campaigning and Publicity.
And from that 35% of the money, most of the money was spent on roadshows and rallies which
were organized in rural areas. So, in a nutshell, these political parties act like big Reputed MNCs
who are well aware of their target customers and the tactics to convince them to buy their
product. There is no need to explain the after story of the elections and how committed they are
to their promises.
Legal Aid is a system or a provision through which it is observed that no one is deprived of
obtaining a piece of legal and professional advice when they are in need just because of lack of
money. Through legal aid, poor and needy people who are unable to pay the lawyer’s fee or
court charges, etc. are offered free legal services so that nothing can stop them from access to
justice. The main objective is to provide equal justice to the poor, suppressed, and weaker
sections of society.

PROVISIONS RELATED TO LEGAL AID UNDER INDIAN CONSTITUTION

1. Article 39A (Equal Justice and Free Legal Aid)
Our Constitution of India contains Directive Principles of State Policy under Part IV
which focuses on the social security character and expects the state to take positive action
to promote the well-being of the society. Article 39A reads as, “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
because of economic or other disabilities.” The main motive of this article is that
everyone can enjoy equal justice and free legal aid if required.
The scope of Article 39A was made clear by the Supreme Court of India in Air India
Statutory Corporation v. United Labor Union2, that Article 39A furnishes beacon light
that justice is done based on equal opportunity and no one is denied justice because of
economic or other disabilities

1
https://www.bloombergquint.com/
2
AIR [ 1997] SC 645
 2. Article 21 (Right to life and liberty)
Article 21 is also one of such articles that extends support and endeavors to ensure that
equal justice and legal services are made available to the poor, oppressed, and weaker
sections of the society. It declares that every person has an equal right to life and liberty
except according to the procedure established by the law.

3. Article 22 (Protection against arrest and detention in certain cases)

Article 22 clearly states 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”.
This article provides that any person whether citizen or alien has a right to legal
representation of his own choice.
In the case of Hussainara khatoon vs. the State of Bihar 3, it was held that if an accused
is unable to afford legal help and services then he has a right to free legal aid at the cost
of the state.

INTERNATIONAL PROVISIONS
To ensure equal justice to everyone, there should be equality and human rights should be
protected everywhere. Legal Aid which is considered as a part of Human Rights is
defined and explained under many conventions worldwide that it is the duty of the state
to provide Free Legal Aid.

 Covenant of the League of Nations: Providing justice to the poor was the main
issue that was raised there. It was observed that universal peace can only be
established if social justice is imparted effectively and for that legal aid was
necessary.
 UN Covenant on Civil and Political Rights: Article 14 of the convention
instructs that everyone has the right to an effective remedy by the competent
national tribunals for acts violating the fundamental rights granted by the
Constitution or by law.
 Convention on International Access to Justice: Article 1 of the convention
envisages that regardless of the nationality of the persons, everyone is entitled to
legal aid for the court proceedings in civil and commercial matters as if they were
nationals of that state.
 The Universal Declaration of Human Rights, 1948: Article 8 of the declaration
recognized the right to free legal aid and provides that everyone has full right to
approach the National tribunals for an effective remedy. Similarly, Article 10 of
the declaration recognizes the human right of equal justice and emphasizes the
impartial hearing to determine right.

3
1979 AIR 1360
  American Convention on Human Rights 1969: Article 8(2) (e) of the
Convention states that every indigent person is eligible with full equality, the
absolute right to be assisted by counsel provided by the state.
 European Convention of Human Rights 1950: Article 6(3) (C) states that
“Everyone charged with a criminal offense has the following rights: to defend
himself in person or through legal assistance of his choosing or if he has no
sufficient means to pay for legal assistance to be given it free when the interests
of justice so require”.

THE LEGAL SERVICES AUTHORITIES ACT, 1987

In 1980, a Committee known as Committee for Implementing Legal Aid Schemes
(CILAS) was set up under the Chairmanship of Honorable Justice P.N. Bhagwati to
regulate legal aid programs throughout the nation.
The Legal Services Authorities Act, 1987 which was amended by the Act of 1994,
came into force on 9 November 1995. The primary objective of this act is to establish
a nation-wide system for providing free legal services to the weaker sections of the
society. It is the duty of the State to ensure equality before the law and a legal system,
which promotes equal justice to all. So as to achieve the objectives incorporated in
Article 39A of the Constitution, the Legal Services Act was implemented.
Section 2(1)(c) defines ‘legal service’ as “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”.
Charges covered by the Legal Services Authority:
1. Charges of a legal practitioner or legal advisor;
2. Costs of paperwork, including printing, translation, etc
3. Payment of court and other process fees;
4. Costs for procurement of decrees, judgments, orders, or any other legal document
proceeding;
5. Charges for preparing, drafting, and filing of any legal proceedings

Persons who are eligible to avail the facility 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 a 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 a juvenile home;
h. Of in a psychiatric hospital or psychiatric nursing home within the meaning of clause
(g) of section 2 of the Mental Health Act, 1987; or
i. A person whose annual income less than rupees fifty thousand or such other higher
amount as may be prescribed by the State Government

NATIONAL LEGAL SERVICES AUTHORITY (NALSA)

Section 3 (1) under the Chapter II of the LSA Act, the Central Government is directed to
set up a body known as the National Legal Services Authority, to exercise powers and
perform functions conferred on it under the Act. It came into force on 9 th November
1995.

The Chief Justice of India acts as the patron-in-chief and the 2nd senior-most judge in the
SC is the executive chairperson of the authority. It encompasses 7 chapters dealing with
the national legal service authority, the state legal service authority, entitlement criterion
for legal services, Lok Adalat, and the other provisions

The National Legal Services Authority is a statutory body, which has been set up with an
aim to implement and monitor legal aid programs in the country. The other functions of
this body are to lay down policies regarding the availability of legal services and to set
effective and economical schemes for legal services.

STATE LEGAL SERVICES AUTHORITY (SLSA)

Every state has a State Legal Services Authority which works under NALSA to monitor
the policies and principles laid down by it in the state and to provide free legal services to
the people of the state. The State Legal Services Authority is regulated by Hon’ble the
Chief Justice of the State’s High Court who is the Patron-in-Chief of the State Legal
Services Authority. A serving or retired Judge of the High Court is selected as its
Executive Chairman.

LOK ADALAT
It is a medium through which disputes pending in the courts or at the pre-litigation stage
are settled amicably. It acts as an alternative dispute redressal instrument. Lok Adalat is a
statutory body set up and instituted by NALSA. No amount of money is required while
filling a case in Lok Adalat. The persons who are involved in giving the decisions of the
case are known as Members of Lok Adalat and they basically act as statutory
conciliators. The Lok Adalats are bound to follow the principles of natural justice, equity,
and other legal principles.
CONCLUSION
Legal aid is planned in such a way that it helps the poor and the needy people to afford
legal services and with that, they could enforce their legal rights effectively and
efficiently. Just laying down principles won’t make a big effect but we should also look
forward to spreading awareness among the people because a large portion of the
population is still unaware of their rights and duties. The legal profession is one of the
notable professions and it is expected from the judiciary as well as the lawyer that they
have a professional and social responsibility to provide legal services to the weaker
section of the society This whole doctrine should be made more flexible and recognized
so that every person can approach and avail of the services.