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DECLARATION BY THE CANDIDATE
I, hereby declare that the work reported in the B.A LLB. (Hons.) Project titled
“RIGHT TO FREE LEGAL AID” submitted at CHANAKYA NATIONAL
LAW UNIVERSITY, Patna is an authentic record of my work carried under
the supervision of Mr. Vijayant Sinha. I have not submitted this work
elsewhere for any other degree or diploma. I am fully responsible for the
content of my project report.
AASHISH MITTAL
B.A.LLB (Hons)
1st YEAR
SEMESTER 1st
CNLU, PATNA
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ACKNOWLEDGMENT
I would also like to extend my gratitude to my friend and all those unseen
hands that helped me out at every stage of my project.
THANK YOU
AASHISH MITTAL
SEMESTER 1st
CNLU, Patna
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TABLE OF CONTENTS
Page No.
1. INTRODUCTION ……………………………………………………….5
8. BIBLIOGRAPHY ……………………………………………………….29
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I. INTRODUCTION
The concept of seeking justice cannot be equated with the value of dollars. Money
plays no role in seeking justice.
Legal aid to the poor and weak is necessary for the preservation of rule of law which
is necessary for the existence of the orderly society. Until and unless poor illiterate
man is not legally assisted, he is denied equality in the opportunity to seek justice.
Therefore as a step towards making the legal service serve the poor and the deprived;
the judiciary has taken active interest in providing legal aid to the needy in the recent
past. The Indian Constitution provides for an independent and impartial judiciary and
the courts are given power to protect the constitution and safeguard the rights of
people irrespective of their financial status. Since the aim of the constitution is to
provide justice to all and the directive principles are in its integral part of the
constitution, the constitution dictates that judiciary has duty to protect rights of the
poor as also society as a whole. The judiciary through its significant judicial
interventions has compelled as well as guided the legislature to come up with the
suitable legislations to bring justice to the doorsteps of the weakest sections of the
society. Public Interest Litigation is one shining example of how Indian judiciary has
played the role of the vanguard of the rights of Indian citizens especially the poor. It
encouraged the public spirited people to seek justice for the poor. For that Supreme
Court relaxed procedure substantially. Apart from Public Interest Litigation and
judicial activism, there are reforms in the judicial process, where it aims to make
justice cheap and easy by introducing Lok Adalat system as a one of the methods to
provide free legal aid and speedy justice at the door steps of the poor. In this article
the author highlights the importance of free legal aid in a constitutional democracy
like India where a significant section of the population has still not seen the
constitutional promises of even the very basic fundamental rights being fulfilled for
them.
OBJECTIVE OF RESEARCH
To highlight the importance of free legal aid in a constitutional democracy like India
where a significant section of the population has still not seen the constitutional
promises of even the very basic fundamental rights being fulfilled for them.
HYPOTHESIS
The essence of free legal aid has not yet successfully reached out to the masses.
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LIMITATION:
This research paper is done relying on articles and essays published by authors
online and books written on the law relating to the subject matter. Though such
books are referred they do not contribute to the bulk of the research and my research
is mostly confined with the online sources. The area of research is restrained only to
the concept of legal aid and its present day challenges.
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LEGAL AID: THE CONCEPT
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,
tribunal or before an authority. Legal Aid is the method adopted to ensure that no one
is deprived of professional advice and help because of lack of funds. Therefore, the
main object is to provide equal justice is to be made available to the poor, down
trodden and weaker section of society. In this regard Justice P.N. Bhagwati rightly
observed that:1
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.
Therefore, legal aid is to be made available to the poor and needy by providing a
system of government funding for those who cannot afford the cost of litigation.
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. It is worthy to mention that the Constitution of India provides2 that 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 disability. Constitution of India
1 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 Vidhan
Sabha, Mr. Madhavsinh F. Solanki, M.L.A, Mr. Girishbhai C. Patel, Principal, New
Lal College, Ahemdabad. His Lord ship answered to the question of inequality in the
administration of justice between the rich and the poor. 2 Article 39A of the Indian
Constitution
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also makes it obligatory for the State to ensure equality before law and a legal system
which promotes justice on a basis of equal opportunity to all2.
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experience who handle the cases in the Supreme Court. Apart from that the SCLSC
has full time Legal Consultant who provides legal advise to poor litigants either on
personal visit or through the post.
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CHAPTER 2
CONSTITUTION OF INDIA (ARTICLE 39A)
By virtue of article 39A of the Indian Constitution, the States are directed to provide
free legal aid to the weaker and poorer sections of the society. Articles 14 and 22(1)
of the Constitution also make it obligatory for the State to ensure equality before the
law and a legal system which promotes justice on the basis of equal opportunity to
all. Even in the procedural law of our country, the provisions of legal aid have been
laid down under section 304 of Cr.P.C which states that if the accused does not have
sufficient means to engage a lawyer, the court must provide one for the defense of the
accused at the expense of the State. The right to speedy trial and free legal aid have
been recognised as being part of the Right to Life and Personal Liberty under Article
21 of the Indian Constitution.
Legal aid is an essential part of the Administration of Justice. Access to Justice for all
is the motto of the Authority. The goal is to secure justice to the weaker sections of
the society, particularly to the poor, downtrodden, socially backward, women,
children, handicapped etc. but steps are needed to be taken to ensure that nobody is
deprived of an opportunity to seek justice merely for want of funds or lack of
knowledge.
The National Legal Services Authority is a statutory body which has been set up for
implementing and monitoring legal aid programs in the country. The Supreme Court
Legal Services Committee has also been constituted under the Act. In every High
Court also, The High Court Legal Services Committees are being established to
provide free legal aid to the eligible persons in legal matters coming before the High
Courts. The Legal Services Authorities Act, 1987 also provides for constitution of the
State Legal Services Committees, High Court Legal Services Committees, District
Legal Services Committees and Taluk Legal Services Committees.
According to Section 2(1) (a) of the Act, legal aid can be provided to a person for a
'case' which includes a suit or any proceeding before a court. Section 2(1) (a) defines
the 'court' as 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. As per Section 2(1)(c) 'legal service' includes the rendering
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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.
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 State 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.
Under The Legal Services Authorities Act, 1987 every citizen whose annual income
does not exceed Rs 9,000 is eligible for free legal aid in cases before subordinate
courts and high courts. In cases before the Supreme Court, the limit is Rs 12,000.
This limit can be increased by the state governments. Limitation as to the income
does not apply in the case of persons belonging to the scheduled castes, scheduled
tribes, women, children, handicapped, etc.
CENTRAL GOVERNMENT
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.
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.
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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 organize 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.
In order to provide free and competent legal service, the NALSA has framed
the National Legal Service Authority (Free and competent Legal service)
Regulations, 2010. The salient feature of Regulation is engaging senior competent
lawyers on payment of regular fees in special cases like where the life and liberty of
a person are in jeopardy.
Supreme Court of India has also set up Supreme Court Legal Services
Committee (SCLSC) to ensure free legal aid to poor and under privileged under the
Legal Services Authorities Act. It is headed by a judge of Supreme Court of India and
has distinguished members nominated by Chief justice of India. The SCLSC has a
panel of competent Advocates on record with certain minimum number of years of
experience who handle the cases in the Supreme Court. Apart from that the SCLSC
has full time Legal Consultant who provides legal advise to poor litigants either on
personal visit or through the post.
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.
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
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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.
Legal Aid Programmes and Schemes in the District. The District Judge of the District
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 organize Lok Adalats. Every Taluk Legal Services Committee is
headed by a senior Civil Judge operating within the jurisdiction of the Committee
In order to provide free and competent legal service, the NALSA has framed
the National Legal Service Authority (Free and competent Legal service)
lawyers on payment of regular fees in special cases like where the life and liberty of
Supreme Court of India has also set up Supreme Court Legal Services
Committee (SCLSC) to ensure free legal aid to poor and under privileged under the
Legal Services Authorities Act. It is headed by a judge of Supreme Court of India and
has distinguished members nominated by Chief justice of India. The SCLSC has a
experience who handle the cases in the Supreme Court. Apart from that the SCLSC
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has full time Legal Consultant who provides legal advise to poor litigants either on
STATE GOVERNMENT
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CHAPTER 4
The State Government shall in consultation with the Chief Justice of the High Court,
constitute a body to be called the District Legal Services Authority for every District
in the State to exercise the powers and perform the functions conferred on, or
assigned to the District Authority under this Act.
The State Authority shall, in consultation with the Chairman of the District
Authority appoint a person belonging to the State Judicial Service not lower in rank
than that of a Subordinate Judge or Civil Judge posted at the seat of the District
Judiciary as Secretary of the District Authority to exercise such powers and perform
such duties under the Chairman of that Committee as maybe assigned to him by such
Chairman.
The terms of office and other conditions relating thereto, of Members and Secretary
of the District Authority shall be such as may be determined by regulations made by
the State Authority in consultation with the Chief Justice of the High Court.
The District Authority may appoint such number of officers and other employees as
may be prescribed by the State Government in consultation with the Chief Justice of
the High Court for the efficient discharge of its functions.
The officers and other employees of the District Authority shall be entitled to such
salary and allowances and shall be subject to such other conditions of service as may
be prescribed by the State Government in consultation with the Chief Justice of the
High Court.
All orders and decisions of the District Authority shall be authenticated by the
Secretary or by any other officer of the District Authority duly authorised by the
Chairman of that Authority.
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No Act or proceeding of a District Authority shall be invalid merely on the ground
of the existence of any vacancy in, or any defect in the constitution of, the District
Authority.
It shall be the duty of every District Authority to perform such of the functions of the
State Authority in the District as may be delegated to it from time to time by the State
Authority. Without prejudice to the generality of the functions referred to in sub-
section (1)
The District Authority may perform all or any of the following functions, namely -
(a) co-ordinate the activities of the Taluk Legal Services Committee and other
legal services in the District;
(b) organise Lok Adalats within the Districts; and (c) perform such other
functions as the State Authority may fix by regulations.
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CHAPTER 5
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.
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.
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.
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Some schemes are also envisaged by the government which are as follows:
Individual Schemes
1. Scheme for Para-Legal Volunteers
2. Schemes for Legal Services to Disaster Victims through Legal Services
Authorities
3. NALSA(Victims of Trafficking and Commercial Sexual Exploitation)
Scheme, 2015
4. NALSA(Legal Services to the Workers in the Unorganized Sector)
Scheme, 2015
5. NALSA(Child Friendly Legal Services to Children and their Protection)
Scheme, 2015
6. NALSA(Legal Services to the Mentally Ill and Mentally Disabled Persons)
Scheme, 2015
7. NALSA(Effective Implementation of Poverty Alleviation Schemes)
Scheme, 2015
8. NALSA(Protection and Enforcement of Tribal Rights) Scheme, 2015
9. NALSA(Legal Services to the Victims of Drug Abuse and Eradication of
Drug Menace), Scheme, 2015
10. NALSA (Legal Services to Senior Citizens) Scheme, 2016
11. NALSA (Legal Services to Victims of acid attacks) Scheme, 2016
COMPENDIUM OF SCHEMES
3. NALSA (Legal Services to the Workers in the Unorganized Sector) Scheme, 2015
5. NALSA (Legal Services to the Mentally Ill and Mentally Disabled Persons)
Scheme 2015
8. NALSA (Legal Services to the Victims of Drug Abuse and the Eradication of the
Drug Menace) Scheme, 2015
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CHAPTER 6
As an example, legal aid may be cancelled if you unreasonably refuse to accept your
lawyer's advice or the Court's directions, or if you cannot be contacted despite
numerous attempts to do so.
We will inform you that you will no longer be legally represented by LAB. You will
have to decide whether you wish to continue with your case in person or to engage a
private lawyer to represent you. If no action is taken on your part to continue with
your case, the Court may eventually strike out your case.
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CHAPTER 7
Legal aid is not a charity or bounty, but is an obligation of the state and right of
the citizens. The prime object of the state should be ―equal justice for allǁ. Thus,
legal aid strives to ensure that the constitutional pledge is fulfilled in its letter and
spirit and equal justice is made available to the downtrodden and weaker sections of
the society. But in spite of the fact that free legal aid has been held to be necessary
adjunct of the rule of law10, the legal aid movement has not achieved its goal. There
is a wide gap between the goals set and met. The major obstacle to the legal aid
movement in India is the lack of legal awareness. People are still not aware of their
basic rights due to which the legal aid movement has not achieved its goal yet. It is
the absence of legal awareness which leads to exploitation and deprivation of rights
SUGGESTIONS
➢ It is suggested that it is the need of the hour that the poor illiterate people
basic rights which should be done from the grass root level of the country. For
that judiciary needs the support from state administration to conduct legal
literacy programme.
➢ The judiciary should focus more on Legal Aid because it is essential in this
present scenario where gulf between haves and have-nots is increasing day by
10 See note 6.
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day. And elimination of social and structural discrimination against the poor
will be achieved when free Legal Aid is used as an important tool in bringing
free legal aid but they have just proven to be a myth for the masses due to their
ineffective implementation. Thus the need of the hour is that one should need
to focus on effective and proper implementation of the laws which are already
in place instead of passing new legislations to make legal aid in the country a
➢ In providing Legal Aid, the Legal Aid institutions at all level should use proper
the case and with that matter will be settled without further appeal.
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.
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CHAPTER 8
BIBLIOGRAPHY
1. http://indiancorruptjudges.com/Plot4Plot/fromweb/www.kar.nic.in/fnjpc/h-
mahrs.html
2. http://janhitlaw.in/K-%20113%20LEGAL%20HISTORY%20by%20Mr.
%20Zeshaan%20Sir.pdf
3. http://lawmin.nic.in/doj/justice/judicialimpactassessmentreportvol1.pdf
4. http://mohdyasinblsllb.blogspot.in/2014/10/history-of-courts-part-i-notes-
chapter.html
5. http://www.encyclopedia.com/doc/1G2-3045000626.html
6. http://www.legalservicesindia.com/article/article/development-of-adalat-
system-during-the-time-of-warren-hastings-252-1.html
7. http://www.legalservicesindia.com/article/article/judicial-system-
before-1947-1138-1.html
8. http://www.realityviews.in/2010/03/administration-of-bombay-legal-
system.html
9. http://www.realityviews.in/2010/04/part-9-indian-legal-history-judicial.html
10.http://www.slideshare.net/suvamsinha91/charter-of-1726
11.https://www.scribd.com/doc/74363948/Judicial-Set-in-Madras-Bombay
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