Legal Aid: its need, necessity and parameters of such aid

Introduction
"There can be no equal justice where the kind of trial a man gets, depends on the amount
of money he has." - U.S. Supreme Court Justice Hugo Black, 1964
Justice is perhaps the most misconstrued term in the history of mankind. The concept of justice
varies with time and space. The theory of social contract says that people came together and gave
up certain rights and the state came into being with the principal purpose of providing justice to
its citizens. Justice is the grund norm of social contract and without justice, foundation of society
would collapse. Thus, to make this foundation resilient, the concept of free legal aid came into
being which means granting free legal service to poor or poverty-stricken sections of the society
who are unable to afford the services of a lawyer who can handle the case and defend them in
court of law. However legal aid has yet another dimension in the sense that even financially
sound people require it, though of course not freely and in a different way, i.e. to know whether
launching a litigation is a viable option or not. If understood this way, legal aid may play very
important role in curbing ever mounting arrears of unnecessary litigation in courts. At the same
time it may also encourage people to look for alternative solutions like mediation to save time
and avoid needless litigation by holding counseling sessions.
In India, providing legal aid is not only the duty of the state but a constitutional obligation as
well. The principle of Legal aid received most explicit treatment in 1976, by way of 42 nd
Amendment to our Constitution.1

1 Ins. By constitution (forty-second Amendment) Act, 1976, sec. 8. (w.e.f. 3rd January 1977.)
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It provides, The state shall secure that the operation of the legal system promotes Justice, on
the 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.
Article 39-A of the Indian constitution2 bestows a duty on the state to give free legal aid to poor
and downtrodden to ensure justice is accessible to all. Compelling tone of the language of this
provision imposes certain mandatory obligations on the state. Although, being listed as one of the
Directive principles of the state policy, it also poses a disputable question; do these obligations
create any enforceable fundamental right of free legal aid for poor? Answer to this question
depends upon as to how one views the relationship of Directive Principles and Fundamental
Rights. Those who support the literal interpretation of our Constitution are bound to argue that
Art. 39-A does not give rise to any enforceable fundamental rights. On the other hand, some
argue that although Directive Principles are not enforceable in the courts of law, they are not
certainly non-justiciable altogether. In an era of a welfare State, role of State is not merely
restricted to maintenance of law and order and the protection of life and liberty and property of
the subject. Today, the state has to promote inter alia the prosperity and well-being of the people.

K. Ramaswamy J. of the Supreme Court had advanced a striking discourse in support of Direct
Principles being justiciable. His Lordships observed, The Directive Principles in our
2 Article 39A.Equal justice and free legal aid-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.

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Constitution are fore-runners of the U.N.O. Convention on Right to Development as inalienable

human right therefore, the Directive Principles now stand elevated to inalienable
fundamental rights. Even they are justiciable by themselves.3
The essence of imbibing legal aid in the Constitution is to fulfill the fundamental objective of
equality in society by extending a helping hand through legal aid. Therefore, legal aid aspires
to accomplish the constitutional pledge of justice for all. State has a duty to delve in and ensure
promotion of justice on the basis of equal opportunity for its citizens. Hence, it must make
necessary arrangements for implementation of free legal aid to financially incapable sections of
society.
Legal Aid Movement
Legal aid is not a recent concept. It dates back to 19 th century. The evolution of the idea of legal
aid came up in France during the year 1851 when the French government decided to introduce an
Act to provide legal services to the deprived sections of society. As tracking back the existence
the first legal aid, it first took place in United States of America. In the United States, an
organized Legal Aid Movement for the poor began in 1876 with the establishment of an
organization for providing legal assistance for the then recently arrived immigrants4 by the
German Society of the New York. Then Legal Aid was a diffused movement till 1919, when
Reginald Heber Smith, an advocate with the Boston Legal Aid Society, published a workJustice and the Poor- which gave way to some outstanding new ideas.

3 Air India Statutory Corp. v. United labour union, A.I. R.1997 S. C.645at p. 658.
4 M. Cappilletti: The Emergence of a Modern Theme in Cappilletti, Gordley and Johnson.
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The important idea was that there was a collective social responsibility on the Bar to provide
opportunities for the unrepresented masses to secure access to the justice system and it was
indeed a crucial development in Public Interest Law.
Then came an organized form of Legal Aid in which there was an independent private office
separate from any commercial law firm- with salaried lawyers working full-time on the problems
of clients. This organization was, however, critical to the development of Public Interest Law. It
was a new kind of institution that moved away from the concept of individual service performed
on a voluntary contribution basis. It was a model that had been followed because of its
effectiveness. Under this model, those running the organization, the advocates did not have to
treat Public Interest service as an uneconomic enterprise, in contrast with an otherwise lucrative
commercial practice. It was indeed a radical beginning. However, Legal Aid was too big an
objective for charity to support. But, surely, the Legal Aid Movement accomplished a great deal.

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Legal Aid in India

In India, the concept of legal aid started in 1952 when the Government addressed the question of
providing legal aid to the poor in various Law Conferences. With the aim to set in motion the
implementation of the Constitution mandate of Art. 39-A, Government of India appointed the
very high power Committee5 for Implementing Legal Aid Schemes [CILAS] under the
chairmanship of P.N. Bhagwati J. [as he then was], to monitor and implement legal aid
programmes on a uniform basis in all states and union territories. CILAS evolved a model
scheme for legal aid programme applicable throughout the country by which several legal aid
and advice Boards have been set up in the states and union territories.6
The Committee made some noteworthy observations, Preventive legal service...requires a
qualitative and radical change in the functioning of the legal service program...It does not
regard litigation as playing an important role...it is more concerned with the problems of the
poor as a class, and is calculated to help organize the poor, so that they may be able to act on
the realization that real political power rests with them, and....shape the destiny of the country."
The Committee made following recommendations: To promote legal literacy and awareness of
legal rights, setting up of legal advice board at State level creating a cadre of barefoot lawyers,
legal aid clinics, sensitizing the legal profession to the ultimate goal of social change, etc. and
make use of the mass-media, conduct socio-legal surveys etc.

5 By resolution dated, 26th September 1980.see also reports of Gujarat Committee chaired by Bhagvati
C.J. (1971) and The experts Committee on Legal aid, Govt. of India, Ministry of justice ,law and
company affairs, chaired y V.R. Krishna Iyer ,J. (1973).
6 The AIR Manual, vol.32, 5th edition, 1989, p.p. 267-68
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However, Government realized that recommendations of CILAS were not being carried out in
reality, as the legal aid programme has been reduced to a mere court oriented programmes and
not the kind of change that Justice P.N. Bhagwati [as he then was] envisaged, and legal aid cells
constituted as an outcome of these recommendations were suffering from some serious flaws,
and hence in order to effectively carry out the rather ambitious plan envisaged by Article 39-A
and Bhagvati, J (as he then was). It enacted LEGAL SERVICES AUTHORITIES ACT, 1987. 7
Furthermore, Legal Services Authorities Act was enacted to give a statutory base to legal aid
programmes throughout the country on an identical pattern. The National Legal Services
Authority (NALSA) was constituted under the Legal Services Authorities Act, 1987 to provide
free Legal Services to the weaker sections of the society and to organize Lok Adalats for
amicable settlement of disputes. National Legal Services Authority was constituted on 5th
December, 1995. His Lordship Hon. Dr. Justice A.S. Anand, Judge, Supreme Court of India took
over as the Executive Chairman of National Legal Services Authority (NALSA) on 17 th July,
1997. Soon after assuming the office, His Lordship initiated steps for making the National Legal
Services Authority functional. By February, 1998 the office of National Legal Services Authority
became properly functional for the first time.
A State Legal Services Authority is constituted in every state to give effect to the policies and
directions of the Central Authority (NALSA) and to provide legal services to the people and
conduct Lok Adalats in the State. State Legal Services Authority is headed by the Chief Justice
of the State High Court who is its Patron-in-Chief. A serving or retired Judge of the High Court
is nominated as its Executive Chairman.

7 All provisions except Chapter III enforced from 09-11-1995. See also G.S.R. 582(E) dated 3.7.2000
publishing the Supreme Court Legal Services Committee Rules, 2000.
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District Legal Services Authority is constituted in every District to implement Legal Aid
Programmes and Schemes in the District. The District Judge of the District is its ex-officio
Chairman.8
Legal aid, being one of the most vital elements of procedural due process under Article 21 is bound to
find place in principal procedural laws. Accordingly, there are specific provisions in Cr.P.C. 9 and C.P.C10.
Besides; in other legislations also there are provisions for legal aid, e.g. The Advocates Act, 1961. 11
However, the most vital legislative mechanism, which had become mandatory after the enactment of 42 nd
Amendment Act, 1976 took as many as 11 years to surface in the law books in the form of LEGAL
SERVICES AUTHORITIES ACT,12

This Act has been passed mainly with the twin objects of rendering legal aid to the victimized
and financially weak people13 and to provide statutory framework to the Institution of Lok
Adalat.

8 Introduction and History of NALSA,(October 16th, 2015, 8.30 AM), http://nalsa.gov.in/

9 Section 304(1)
10 Order xxxiii of C.P.C.1908
11 Rule 41, sec.vi of the Act
12 This Act took 8 years to come in to force
13 Sections 12, 7, 13 of the Act, 1987
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Need For Legal Aid

Despite all the advancements in the 21st century in the field of information and technology, legal
knowledge amongst the masses is still not sufficient and most of the people are unaware of their
basic fundamental rights. Due to this ignorance, they become vulnerable to exploitation and are
deprived of rights and benefits entitled for them. Justice P.N. Bhagawati has very clearly stated
that legal aid means providing an arrangement into society so that the machinery of
administration of justice becomes easily accessible and is not out of each of those who have been
resort to it for enforcement of rights given to them by law.14 Thus, legal aid to the poor and
weaker sections is compulsory for the preservation of the rule of law which is necessary for the
existence of the society. Even after all the efforts to make the general populace aware of the
fundamental right to legal aid, there is still a long way to go for successful implementation of the
same in the country. Therefore, it is the urgent call of the hour to educate weaker sections of the
society regarding their basic right of legal aid so as to ensure that poverty is not an encumbrance
in obtaining justice.

14 Report of the Legal Aid Committee 1971, page. 5

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Areas where legal aid is needed:

1. Over tapping of resources
2. Economic divides of class and region
3. High environmental pollution
4. Legal counseling
5. Lawsuit agent service
6. Penal defense
7. Non-lawsuit agent service
8. Long pending decisions
9. Poor person who is unaware of his legal rights

Legal Aid services have developed in the last decade and have been almost merged into the
mainstream judiciary so as to help and maintain judicial justice in an evolving society. Providing
Legal aid is an obligation incumbent upon the government in any society under the rule of law.
Given the enormous legal ignorance in society, high cost, uncertainties during the long time gap
to delivering a judgment and rampant corruption in judiciary, the greatest guarantee for justice to
the poor is in refining the procedures of access to justice framework. Thus, the need of the hour
is that we need to focus on effective and proper implementation of the laws which we already

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possess instead of passing new legislations to make legal aid in the country a reality instead of
just a myth in the minds of the countrymen.15

Setup of legal Aid organs in India

In accordance with The Legal Services Authorities Bill, India has set up legal aid authorities at
four levels including nation, state, region and Taluk. The legal aid authorities build the Courts
Legal Services committee at different levels. The function of legal aid organs is to provide legal
services to people in accordance with the regulations and conduct preventive and strategic legal
aid campaigns etc. Indias legal aid organs pay all the expenses of lawsuit when providing legal
aid. In India, every courts Legal Services Committee employs full time legal aid lawyers who
can provide direct Legal Aid to the parties. There are some legal aid cases which are handled by
private lawyers and paralegals.

Legal Aid can be divided into two categories:

First category includes seven social groups as follows:
1. Members of SC/ST
2. Victims of trafficking in human beings or beggars as referred to in Article 23 of the
Constitution
3. Women and children
4. Mentally ill or otherwise disabled persons
15 Legal aid in India, available at http://www.legalserviceindia.com/article/l340-Legal-Aid-InIndia.html
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5. Persons under circumstances of undeserved want such as being a victim of a mass disaster,
ethnic violence, caste violence, caste atrocity, flood, drought, earthquake or industrial disaster
6. Industrial workmen
7. Persons in custody

The second category embraces people with economic backwardness, namely persons with an
annual income less than rupees nine thousand ($225) or such other higher amount as may be
prescribed by the State Government if the case is before a court other than Supreme Court and
less than rupees 12,000 or such other higher amount as may be prescribed by the Central
Government if the case is before the Supreme Court. In accordance with this Act the number of
people eligible for legal aid could be around 75% of the population.16
Legal Services Authorities after examining the eligibility criteria of an applicant and the
existence of a prima facie case in his favour provide him counsel at States expense, pay the
required Court Fee in the matter and bear all incidental expenses in connection with the case. The
person to whom legal aid is provided is not called upon to spend anything on the litigation once
it is supported by a Legal Services Authority.
A nationwide network has been envisaged under the Act for providing legal aid and assistance.
National Legal Services Authority is the apex body constituted to lay down policies and
principles for making legal services available under the provisions of the Act and to frame most
effective and economical schemes for legal services. It also disburses funds and grants to State
Legal Services Authorities and NGOs for implementing legal aid schemes and programmes.

16 Section 12 of the Act; (Since, then rules have been amended to enhance this income ceiling)
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In every State a State Legal Services Authority is constituted to give effect to the policies and
directions of the Central Authority (NALSA) and to give legal services to the people and conduct
Lok Adalats in the State. State Legal Services Authority is headed by the Chief Justice of the
State High Court who is its Patron-in-Chief. A serving or retired Judge of the High Court is
nominated as its Executive Chairman.

District Legal Services Authority is constituted in every District to implement Legal Aid
Programmes and Schemes in the District. The District Judge of the District is its ex-officio
Chairman.
Taluk Legal Services Committees are also constituted for each of the Taluk or Mandal or for
group of Taluk or Mandals to coordinate the activities of legal services in the Taluk and to
organise Lok Adalats. Every Taluk Legal Services Committee is headed by a senior Civil Judge
operating within the jurisdiction of the Committee who is its ex-officio Chairman.17
After the constitution of the Central Authority and the establishment of NALSA office towards
the beginning of 1998, following schemes and measures have been envisaged and implemented
by the Central Authority:(a) Establishing Permanent and Continuous Lok Adalats in all the Districts in the country for
disposal of pending matters as well as disputes at pre-litigative stage;
(b) Establishing separate Permanent and Continuous Lok Adalats for Govt. Departments,
Statutory Authorities and Public Sector Undertakings for disposal of pending cases as well as
disputes at pre-litigative stage;

17 See Supra note 8

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(c) Accreditation of NGOs for Legal Literacy and Legal Awareness campaign;
(d) Appointment of "Legal Aid Counsel" in all the Courts of Magistrates in the country;
(e) Disposal of cases through Lok Adalats on old pattern;
(f) Publicity to Legal Aid Schemes and programmes to make people aware about legal aid
facilities;
(g) Emphasis on competent and quality legal services to the aided persons;
(h) Legal aid facilities in jails;
(i) Setting up of Counseling and Conciliation Centers in all the Districts in the country;
(j) Sensitisation of Judicial Officers in regard to Legal Services Schemes and programmes;
(k) Publication of "Nyaya Deep", the official newsletter of NALSA;
(l) Enhancement of Income Ceiling to Rs.1,25,000/- p.a. for legal aid before Supreme Court of
India and to Rs.1,00,000/- p.a. for legal aid upto High Courts; and
(m) Steps for framing rules for refund of court fees and execution of Awards passed by Lok
Adalats.18
Present Scenario
A noble idea aimed at providing justice to every section of society is also plagued with certain
inherent anomalies. Unfortunately, in a country like India, where poverty is rampant and system
is rigid, it is bound to give birth to specific problems. Lawyers provided by the government by
way of legal aid programme are busy in satisfying their hunger for money and blatantly ignore
the responsibility delegated to them. Often, there have been cases where under trials have
undergone immense suffering just because the lawyer provided to them was too busy in
18 See Supra note 8
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promoting his private practice. Under trials have to rot in jail for a longer period of time just
because the lawyer appointed to them shows nonchalant attitude and does not follow up the case
or solely keeps on delaying the trial or the appointed lawyer sends his junior who has absolutely
no knowledge about the case.

Poverty and lack of access to justice are intrinsically connected. Poverty, which creates a vicious
circle of disempowerment,19 is not merely an indicator of economic deprivation but also an
indicator of the social, political and above all legal deprivation of people. Poverty disables
people to approach the formal legal system for assertion of their rights and for seeking remedial
action in cases of violation of legal rights.
Poverty compounds obstacles to access to justice-ignorance of the legal provisions and ones
rights, procedural technicalities, lacking awareness about the complexities of the legal system,
very little or no access to legal services of any kind, along with lack of resources to manage the
high cost of litigation are some of the consequences of poverty.20 This results in their being
shoved away from the mainstream, and they become constrained in becoming potential
economic factors contributing to the nation's development.21

19 Poverty is a reflection of powerlessness and the powerful need to be challenged if change is to

relievedisadvantaged as mentioned in Ton Dietz in the Agenda in Neil Middleton, Philokeefeked Rob Visser (Ed.),
Negotiating Poverty New Direction Renewed Debate form B. Wisner 1988, Power and Need in Africa, London,
Earth scan, London, 2001, p.21.

20Anindita Pujari (2009), Poverty and Access to Justice- Dimensions of Public Interest Litigation, New
Delhi:Eastern Economy Edition.

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Access to justice is not a clearly defined phrase. It covers a wide variety of matters including
accessibility to court, adequate legal representation, availability of legal aid,22 legal advice and
legal education. All these approaches are merely facilitative in nature. However, it should rather
refer to a system which is not only equally accessible to all but also leads to results that are
individually and socially just.
Therefore, mechanisms that merely pave the way for approaching the justice delivery systems
and are devoid of consequent substantive justice are merely empty formalities. 23 Above all these
tribulations, there are other invisible barriers infesting the system too, such as lack of courage to
exercise legal rights, the proclivity to suffer silently the denial of rights, and geographical and
spatial barriers are examples. Such barriers keep people disempowered and subjected to
exploitation by powerful people.
Thus, much more is required to enable the legal machinery to realize the goal of equal justice to
all and the protection of the weak and the underprivileged sections of the society.24
Landmark judgments highlighting legal aid as a fundamental right
Role of Judiciary in this area as an interpreter and enforcer of Constitutional mandate and as the
true custodian of the constitution is significant and pertinent. Although, now legal aid has been
21 U. Sarathchandran, Bringing legal aid a step closer home, The Hindu (2011), available at:
http://www.thehindu.com/opinion/lead/bringing-legal-aid-a-step-closerhome/article2609718.ece

22 Article 39-A of the constitution of India provides free legal aid to the poor and weaker sections of the
society.
23 See Supra Note 20
24 Pallavi Bahar (2009): Revitalizing Judiciary- Enhancing access to the Poor, New Delhi : Eastern Economy
Edition.

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recognized by the Courts as a fundamental right under Article 21, earlier there was an ambiguity
as to the scope of the right and position relating to its validity was unclear.
Supreme Court has enumerated two situations as to when a prisoner is entitled for legal aid in
Sunil Batra v. Delhi Administration 25. Firstly, to seek justice from the prison authorities and
secondly, to challenge the decision of such authorities in the court. Hence, the requirement of
legal aid was brought about in not only judicial proceedings but also proceedings before the
prison authorities which were administrative in nature.

The Apex Court has reiterated its position in Hussainara Khatoon v. Home Secretary, State of
Bihar26 and held: it is an essential ingredient of reasonable, fair and just procedure to a
prisoner who is to seek his liberation through the courts process that he should have legal
services available to him. Free legal service to the poor and the needy is an essential element of
any reasonable, fair and just procedure. The court invoked Article 39-A which provides for free
legal aid and has interpreted Article 21 in consonance with Article 39-A. The court upheld the
right to free legal aid to be provided to the poor accused persons not in the permissive sense of
Article 22(1) and its wider amplitude but in the peremptory sense of article 21 confined to
prison situations
Two years thereafter, in the case of Khatri v. State of Bihar,27 Justice P.N. Bhagwati while
expressing his anguish at the State for not adhering to the order of providing free legal services
to an accused, held that the State was under a constitutional mandate to provide free legal aid to
25 1980 AIR 1579, 1980 SCR (2) 557
26 1979 AIR 1369, 1979 SCR (3) 532
27 1981 SCR (2) 408, 1981 SCC (1) 627
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an accused person who is unable to secure legal services on account of indigence, and whatever
is necessary for this purpose has to be done by the State.
Another case in which importance of legal aid was highlighted is M.H. Hoskot v. State of
Maharashtra,28 the Apex court held that there is implicit in the Court under Article 142 read
with Articles 21 and 39-A of the Constitution, power to assign counsel for such imprisoned
individual 'for doing complete justice. In this case, it was held that an accused is expected to get
free legal aid under article 39A.
Although, it doesnt mean that a writ of mandamus can be filed in Supreme Court compelling the
State to give financial assistance to engage a counsel of his choice. In 1986, in another case of
Sukhdas v. Union Territory of Arunachal Pradesh,29 Justice P.N. Bhagwati, while referring to
the decision of Hussainara Khatoons case30 made the following observations in (paragraph 6) the
said judgment:Now it is common knowledge that about 70% of the people living in rural areas are illiterate
and even more than that percentage of the people are not aware of the rights conferred upon
them by law. Even literate people do not know what are their rights and entitlements under the
law. It is this absence of legal awareness which is responsible for the deception, exploitation and
deprivation of rights and benefits from which the poor suffer in this land.

28 AIR 1978, 3 SCC 81

29 1986 AIR 991, 1986 SCR (1) 590
30 see Supra note 7
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Their legal needs always stand to become crisis oriented because their ignorance prevents them
from anticipating legal troubles and approaching a lawyer for consultation and advice in time
and their poverty because magnifies the impact of the legal troubles and difficulties when they
come. Moreover, of their ignorance and illiteracy, they cannot become self-reliant; they cannot
even help themselves. The Law ceases to be their protector because they do not know that they
are entitled to the protection of the law and they can avail of the legal service programs for
putting an end to their exploitation and winning their rights. The result is that poverty becomes
with them a condition of total helplessness. This miserable condition in which the poor find
themselves can be alleviated to some extent by creating legal awareness amongst the poor. That
is why it has always been recognized as one of the principal items of the program of the legal aid
movement in the country to promote legal literacy.
It would be in these circumstances made a mockery of legal aid if it were to be left to a poor,
ignorant and illiterate accused to ask for free legal service, legal aid would become merely a
paper promise and it would fail of its purpose.
In Centre for Legal Research and anr. v. State of Kerala,31 Chief Justice Bhagwati took a step
further and laid down norms and guidelines for the State to follow in giving support and
cooperation to voluntary organizations and social action groups in operating legal aid
programmes and organizing legal aid camps and lok adalats or niti melas.
While delivering the judgment Bhagwati, C.J., stated that the writ petition raised a question as to
whether voluntary organizations or social action groups engaged in the legal aid programmes
should be supported by the State Government and if so to what extent and under what conditions.
31 AIR 1986 SC 1322, 1986 (1) SCALE 907, (1986) 2 SCC 706, 1986 (2) UJ 445 SC
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There can be no doubt that if the legal aid programme is to succeed it must involve public
participation. The State Government undoubtedly has an obligation under Article 39-A of the
Constitution which embodies a directive principle of State policy to set up a comprehensive and
effective legal aid programme in order to ensure that the operation of the legal system promotes
justice on the basis of equality. But we have no doubt that despite the sense of social commitment
which animates many of our officers in the Administration, no legal aid programme can succeed
in reaching the people if its operations remains confined in the hands of the Administration. It is
absolutely essential that people should be involved in the legal aid programme because the legal
aid programme is not charity or bounty but it is a social entitlement of the people and those in
need of legal assistance cannot be looked upon as mere beneficiaries of the legal aid programme
but they should be regarded as participants in it.
If we want to secure people's participation and involvement in the legal aid programme, we think
the best way of securing it is to operate through voluntary organizations and social action
groups. These organizations are working amongst the deprived and vulnerable sections of the
community at the grass-root level and they know what are the problems and difficulties
encountered by these neglected sections of Indian humanity.
It is now acknowledged throughout the country that the legal aid programme which is needed for
the purpose of reaching social justice to the people cannot afford to remain confined to the
traditional or litigation oriented legal aid programme but it must, taking into account the socioeconomic conditions prevailing in the country, adopt a more dynamic posture and take within its
sweep what we may call strategic legal aid programme camps, encouragement of public interest
litigation and holding of lok adalats or niti melas for bringing about settlements of disputes
whether pending in courts or outside.
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The assistance of voluntary agencies and social action groups must therefore be taken by the
State for the purpose of operating the legal aid programme in its widest and most comprehensive
sense, and this is an obligation which flows directly from Article 39-A of the Constitution. It is
also necessary to lay down norms which should guide the State in lending its encouragement
and support to voluntary organizations and social action groups in operating legal aid
programmes and organizing legal aid camps and lok adalats or niti melas. We are of the view
that the following norms should provide sufficient guidance to the State in this behalf and we
would direct that the State Government shall, in compliance with its obligations under Article
39-A of the Constitution extend its cooperation and support to the following categories of
voluntary organizations and social action groups in running the legal aid programme and
organizing legal aid camps and lok adalats or niti melas.
Some important guidelines given by Indian Judiciary for the manipulative, dispensing and delivery of
legal aid in certain pronouncements32 can be summed up as following:

1. The Indian population, majority of which is poor in economic means and their social
placement, needs legal aid in its liberal and extensive provisions.
2. Legal aid, in its scope, should contain both preventive and remedial aspects.
3. The remedial part of legal aid, made available after qualifying the required tests, should be
capable of meeting all the needs of the beneficiary to make him stand equal to his adversary.
4. The council made available to needy person for legal aid must be Competent.
32 Madhav Hoskot vs. state of Maharashtra, AIR 1978 S. C.1548., Hussainara Khatoon & others vs.
Home Secretory, State of Bihar,AIR 1979 S.C. 1360,Sunil Batra Vs. Dehli Administration AIR 1980
S.C.1579 ,Gopalanchari vs. State of Kerala,AIR 1981 S.C. 674, Rajan Dwivedi Vs. Union of India, AIR
1983, S.C.624, Sukhdas & another Vs. Union Territory of Arunachal Pradesh ,AIR 1986 S.C. 991., Centre
for legal research & another Vs. State of Kerala, AIR 1986 S.C. 2195.
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5. The state should undertake the responsibility with an active association and contribution from
the community agencies and organizations.
6. While identifying those in need of legal aid, not only the instrument of means test but also the
social deprivation of a person or class of persons must be recognized.
7. The involvement of organizations in this field of legal aid must be encouraged and supported
by state.
8. The lawyers, as professionals should recognized their social obligation towards the poorest of
the poor and lowliest of the low.
9. The members of Judiciary also owe a duty, as an interpreter of the letters and spirit of
Constitution of India, towards the lowly and lost society.
10. The public spirited people and their organizations must take up the cudgels for the rights of
weak and the meek.
11. The legal aid as the instrument is capable of achieving equality in the society; it should be
made available at all stages of the case.
12. Legal aid, being concomitant of right to life and procedure established by law should be
made available to needy citizens as matter of right and not as a charity.
13. Lok adalats should be taken as the integral part of legal aid, as the conciliatory and a speedy
justice are also part of it.
14. The law schools, law teachers and students alike, must be actively and encouragingly
involved in undertaking the programmes of legal literacy, training of Para- legals and the task of
legal assistance.
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15. The preventive aspect of legal aid in its various parts and dimensions is more important than
the remedial aspect.
16. Legal aid requires to be adopted as a movement and the management of its schemes must be
kept free from political and Governmental control and clouts.

It may be argued that after the insertion of Article 39- A, the constitutional mandate to safeguard
legal aid to poor and victimized people is a fundamental Constitutional Directive and is an
interpretative tool for Article 21.33

Suggestions
1. In order to increase the epicenter of legal aid and to incorporate all the sections of society,
it is necessary to lay stress on the people and organizations working at the grass root
levels. Micro level projects involving a couple of villages in each stage should be
initiated. It is in this spirit that the National Legal Services Authority (NALSA) has come
up with the idea of para-legal volunteers to bridge the gap between the common person
and legal services institutions. The scheme seeks to utilise community-based volunteers
selected from villages and other localities to provide basic legal services to the common
people. Educated persons with commitment to social service and with a record of good
character are selected. The volunteers are trained by district legal services authorities. The
training equips them to identify the law-related needs of the marginalised in their locality.
33 Krishna Iyer J. has traced the birth of article 39-A in article 8 of UDHR & article 14 (3)of ICCPR in
M.H. Hoskats case.
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Such needs include assistance to secure legal rights, benefits and actionable entitlements
under different government schemes that are denied to them. Coming as they do from the
same locality, they are in a better position to identify those who need assistance and bring
them to the nearest legal services institutions to solve their problems within the
framework of law.
They can assist disempowered people to get their entitlements from government offices
where ordinary people often face hassles on account of bureaucratic lethargy and
apathy.34

2. Also, the lawyers provided under free legal aid services must be experienced and be
made accountable so that those receiving end do not get exploited and ultimately benefit
from them. There should be a committee or a body to keep a check on the legal help
which is provided so that the services are qualitative and not inferior.
3. Each district legal aid service authority should integrate law students and paralegal
training must be imparted to them along with organizing awareness camps. This way the
students would get appropriate firsthand experience in various fields of law by
contributing towards society.
4. NALSA has come up with a project to set up legal aid clinics in all villages, subject to
financial viability. Ignorance of what to do when faced with law-related situations is a
common problem for disempowered people. Legal aid clinics work on the lines of
34 See Supra note 5
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primary health centers, where assistance is given for simple ailments and other minor
medical requirements of village residents. Legal aid clinics assist in drafting simple
notices, filling up forms to avail benefits under governmental schemes and by giving
initial advice on simple problems. A legal aid clinic is a facility to assist and empower
people who face barriers to access to justice.' Recently, Indias highest legal aid clinic
was opened in Sikkim.35
5. In a major step to promote legal aid, government of India has made it compulsory for all
the law colleges in the country to have a legal clinic and introduce clinical education in
the curriculum. Initiatives like these not only sensitize students towards society but also
give them essential exposure.

Conclusion
We can find a considerable change in the approach of Supreme Court from its earlier stances
towards implementing the right to free legal aid. From being the duty of the accused to ask for
legal aid, it has slowly become the fundamental right of an accused to seek free legal aid. Even
after all this progress, there are still some unfilled gaps in the objectives set. One of the biggest
obstacles in the legal aid movement is the lack of legal awareness. Most of the people are
ignorant of their basic fundamental rights due to which the vision of legal aid movement is still
hazy. Thus, it is the need of the hour to legally assist and aware the poor sections of society. Until
and unless poor illiterate masses are not legally aware, they are denied equality in the
35 Northeast Today, available at: http://www.northeasttoday.in/indias-highest-legal-aid-clinic-opened-insikkim/ (last updated on 06.10.2015)
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opportunity to seek justice. Legal services institutions have until now, functioned in uncharted
waters, often making their presence felt only at certain ports of call like court-based legal
services, organising legal literacy camps and Lok Adalats. Now, with a model shift in the concept
of legal services, legal services authorities are reaching out to the people to facilitate access to
justice' to all in the most practicable and economical manner. Like every other journey, this
journey relating to the achievement of rational society through Legal Aid should be ceaseless
and relentless.

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