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LEGAL AID
IN
INDIA

AUTHOR:– RAUSHAN KUMAR

CENTRAL UNIVERSITY OF SOUTH BIHAR

SCHOOL OF LAW AND GOVERNANCE
B.A.LL.B. (FIRST SEMESTER)
Contact No. – 7274021042
Email – rkainkhan21@gmail.com
CO- AUTHOR:- NITISH KUMAR NIRALA
CENTRAL UNIVERSITY OF SOUTH BIHAR
SCHOOL OF LAW AND GOVERNANCE
B.A.LL.B. (FIRST SEMESTER)
Contact No. – 8789133849
Email – niralanitish36@gmail.com

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Introduction
Legal Aid implies giving free legal services to the poor and needy who cannot
afford the services of a lawyer for the conduct of a case or a legal proceeding in
any court. Legal aid is available for those persons who are poor, illiterate and not
having sufficient means.  Legal aid is free legal assistance to the poor and weaker
sections of the society with the object to enable them to exercise the rights and
justice for them by law.
When constitution came into force, there was no concept of
legal aid. But, when it was seen that all the people who are very poor and needy,
was not getting justice then the concept of legal aid was added through 42 nd
amendment in article 39A (in part IV i.e. Directive Principles of State Policy) of
Indian constitution because judicial system in india is very lengthy, expensive and
time taking and due to lack of means and money some persons are not able to hire
any legal professionals for any legal works and because of that they are exempted
from justice. Sometimes the rich hire good and expensive lawyers to represent
themselves but the poor don’t get that benefit. So, we can say that there is no
equal justice. In Indian constitution, under Article 14 and 22(1) of the constitution
also make it obligatory for the State to ensure equality before law and a legal
system which promotes justice on the basis of equal opportunity to all. So for
providing equal justice for all the concept of legal aid added in article 39A that
says “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.1” It talks about equal justice and free legal aid.

Legal aid according to P.N. Bhagwati

In 1971, a legal aid committee was formed by state of Gujrat on legal aid with its
chairman, Mr. P.N. Bhagwati along with its member Mr. J.M. Thakore, Mr. VV
Mehta, Mr. Madhavsing F. Solanki and Mr. Girishbhai C. Patel. P.N. Bhagwati
1
Article 39A of Indian constitution

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 answered to the question of inequality in the administration of justice between the
rich and the poor. 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.

Legal aid according to judgement in different cases

 In the case of Hussainara khatoon v. State of Bihar2, it was held that if any
accused is not able to afford legal services then he has a right to free legal aid at
the cost of the state.
 In case of Khatri II v. State of Bihar 3, it is held that The Constitutional duty to
provide legal aid arises from the time the accused is produced before the
Magistrate for the first time and continues whenever he is produced for remand.
 In case of Madav Hayavadanrao Hoskot V s. State of Maharastra 4, it was held that
A person entitled to appeal against his/her sentence has the right to ask for a
counsel, to prepare and argue the appeal.

Duties of the police and the courts

The Magistrates and sessions judges must inform every accused who appears
before them and who is not represented by a lawyer on account of his poverty or
indigence that he is entitled to free legal services at the cost of the State. In case of
Sheela Barse V. State of Maharashtra5, it was held that The police must inform
the nearest Legal Aid Committee about the arrest of a person immediately after
2
(1980) 1 SCC 98
3
AIR 1981 SC 262
4
(1978) 3 SCC 81
5
AIR 1983 SC 378

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such arrest. In case of Suk Das v. Union Territory of Arunachal Pradesh 6, Justice
P.N. Bhagwati, emphasized the need of the creating the legal awareness to the
poor as they do not know the their rights more particularly right to free legal aid
and further observed that in India most of the people are living in rural areas are
illiterates and are not aware of the rights conferred upon them by law. In this case
it was held that Failure to provide legal aid to an indigent accused, unless it was
refused, would vitiate the trial. It might even result in setting aside a conviction
and sentence.

Conclusion
Legal aid is like a duty of state because the primary object of state is “Equal
Justice for All”. But, today People are still not aware of their basic rights and
that’s why the main purpose of inserting the concept of legal aid is not fulfilling.
It is the absence of legal awareness which leads to exploitation and deprivation of
rights and benefits of the poor. So, the government should make people aware
about their rights so that they use their rights like legal aid.

Suggestions
Before suggesting any point, I want to discuss one more case Jackson v. Bish. In
this case it was held that The concept of seeking justice cannot be equated with
the value of dollars. Money plays no role in seeking justice. I want to oppose this
point that money play no role in seeking justice. As I mentioned before that
judicial system in india is very expensive and lengthy. In any case, first of all for
file a case we have to buy a stamp paper and hire a lawyer for case and pay fee
and then the court give date, date, date… and we have to pay everyday fee of
lawyer. So, from filing a case to its Judgement there is need of money.
So, the government should make legal aid service totally
free in india and make people aware about this service and Free Legal Services
Authorities must be provided with sufficient funds by the State because no one
should be deprived of professional advice and advice due to lack of funds.

6
AIR 1986 SC 991

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