DHARMASHASTRA NATIONAL LAW UNIVERSITY

Submitted by: Aditya shakya Submitted To: DR Jalaj Goantiya

B.A.L.L.B(Hons)[Semester 1]BALLB/135/22
SUBJECT: POLITICAL SCIENCE
TOPIC: LEGAL AID

RESEARCH OBJECTIVE
The main object is to create awareness among poor and indigents rights and remedies
available to them in legal aid of which they are unknown.

RESEARCH QUESTION
Whether or not free legal aid is really helpful to poor and indigents people.

RESEARCH METHODOLOGY
The research is based on the cases, reports, articles related to given topic the researcher has
done secondary data collection for the given research paper.

MODE OF CITATION
The mode of citation will be uniform as per bluebook 20 edition

RESEARCH HYPOTHESIS
The ultimate rise of legal aid over the passage of time.

INTRODUCTION
The concept of legal aid in form of article 39A has been added in constitution by 42
amendment act 1976. Free legal aid aims at doing equal justice to all especially to poor and
indigents who could not afford an advocate for their case to seek justice. Because the road to
justice is not cheap one has to pay a hefty amount to seek justice in courts Article 14 of
Constitution of India states that every person should be treated equally before law, Even after
justice is a fundamental right the poor people have to suffer a lot due to inability to afford the
expensive legal system and have to settle for injustice many times.

CHAPTERIZATION
CHAPTER: 1
Development of free legal aid in india

CHAPTER: 2
Constitution provision of legal aid

CHAPTER: 3
Issues and challenges faced by people for justice

CHAPTER; 4
Role of judiciary
 REVIEW OF LITERATURE
The researcher has read a number of newspaper articles, reports, acts, case laws, and reports.
To gain a fundamental and necessary understanding of the subject- According to the 14th
Law Commission, laws have no protective value unless they guarantee all members of
society an equal opportunity to pursue justice. Some arrangement is made to enable the less
fortunate to afford court costs and attorneys He is deprived of the chance to pursue justice
due to fees and other litigation-related expenses.
The committee on legal aid's report, "Proceedings Justice to Poor," was presided over by
The committee, which was presided over by Justice V.R. Krishna Iyer in 1973, underlined the
necessity for an active and widespread legal assistance system that allowed the law to rather
than for legislation to come to the people. The Legal Aid programme was viewed by Justice
Krishna Iyer as a spark that would enable the oppressed masses to once again demand
governmental accountability under Part IV of the Constitution. The last report on the legal
assistance programme from 1977 stressed the necessity for a new legal service programme
but cautioned that it "must be defined in the light of socio-economic factors."
conditions that are present in the nation. Furthermore, it noted that "the conventional legal
service
A programme that is primarily focused on courts or litigation cannot address the unique
requirements and
the specific issues facing the nation's underprivileged.
After comprehending the historical background of the issue at hand, it was vital to
comprehend how the supreme courts had operated. The court ruled in M.H. Hoskot v. State of
Maharashtra
"If a prisoner is sentenced," Ed
almost impossible to utilise his statutory and constitutional right of appeal after being
sentenced to imprisonment
There is implied authority to appoint council for such an imprisoned individual in accordance
with the constitution's article 142, read with articles 21 and 39 (a), inclusive of special leave
to appeal for lack of legal help
"Right to free legal aid, just, and adequate" lawsuit, Khatri & others v. state of Bihar & others
A fundamental right is to be treated fairly and reasonably. It is obvious that the moment a
person is detained and brought before a magistrate, or at this point, the threat to their personal
liberty begins. An accused person needs knowledgeable legal counsel and representation at
this point. No process that forbids the accused from receiving legal counsel at this point can
be deemed just, fair, or reasonable. Consequently, the state has a constitutional duty to offer
the accused free legal aid.
 INTR0DUCTION
The researcher has read a number of articles, reports, acts, case laws, and books in order to
gain a fundamental understanding of the subject. According to the 14th Law Commission,
laws that do not guarantee equal access to justice for all societal groups are not protective,
and unless provisions are made for the poor to be able to afford court costs, attorneys' fees,
and other incidental litigation costs, the poor man will not be protected from harm.
The committee on legal aid, directed by Justice V.R. Krishna Iyer, underlined the necessity
for an active and widespread legal aid system that enabled law to be applied to the poor in its
report titled "Procesionals Justice to Poor" in 1973. The committee placed a strong emphasis
on the necessity for a widespread, active system of legal aid that allowed the law to reach the
populace rather than forcing the populace to go to the law. The Legal Aid programme was
viewed by Justice Krishna Iyer as a spark that would enable the oppressed masses to once
again demand governmental accountability under Part IV of the Constitution. A new legal
service programme is urgently needed, but it must be "conceived in the light of socio-
economic realities prevailing in the country," the final report on the legal aid programme
from 1977 warned. The standard legal assistance programme, which is mostly court or
litigation oriented, was further noted to be unable to address the unique requirements and
issues faced by the impoverished in the nation.
after being aware of the historical background It was important to comprehend the highest
court's perspective on the issue at hand. According to this viewpoint, the first case was
Hussainara Khatoon v. Home Secretary, State of Bihar, in which it was held that equality
under Article 21 is impaired when procedural law does not provide a speedy trial of the
accused; does not provide for his pre-trial reliefs on bail on his personal bond; when he is
impoverished and there is not a significant risk that he will flee; and if an under trial prisoner
is held in jail for a period of imprisonment that may have been imposed on his conviction
may be extended
"If a prisoner sentenced to imprisonment is practically unable to exercise his constitutional
and statutory right of appealinclusive of special leave to appeal for want of legal assistance,
there is implicit in the curtunder article 142 read with article 21 &39(a) of the constitution,
power to assign council for such imprisoned individual for doing complete justice," the court
ruled in M.H. Hoskot v. State of Maharashtra.
In the instance of Khatri Bihar State & Others v. A basic right is the right to free legal help
and to equitable, fair, and reasonable procedures. It should go without saying that the moment
a person is detained and brought before a magistrate, his personal freedom is put in danger.
At this point, he also has the opportunity to ask for bail and be released, as well as to refuse to
stay in custody of the police or a jail. An accused person needs competent legal counsel and
representation at this point. No procedure that forbids the accused from receiving legal
counsel at this point can be deemed just, fair, or reasonable. As a result, the state has a
constitutional duty to offer the accused free legal representation.
 DEVELOPMENT OF LEGAL AID IN INDIA
It is necessary to achieve justice on the basis of equality in a nation like ours where the
proportion of the destitute and indigent is considerable. Nothing rankier more in the human
heart than a brooding feeling of injustice, according to Mr. Justice Brennan (Legal Assistance
and Legal Education), makes clear the idea of legal aid as an absolute ingredient of justice.
We can endure illness. However, injustice makes us want to destroy things. The threat to the
continuous survival of free democracy is not fictitious but quite real when only the wealthy
can enjoy the law, making it a dubious luxury, and the poor, who need it most, cannot have it
because its expense puts it out of their grasp. Democracy's entire existence rests upon it.
ensuring that the machinery of justice is so effective that every citizen can rely on its
objectivity and fairness.
Thus, the necessity to provide the possibility for equitable justice came when we formed our
own Constitution with a priceless Preamble that vows to promote justice. So, in 1952,
different state governments such the State of Uttar Pradesh, State of West Bengal, and State
of Madras developed plans for providing legal assistance to those who could not pay the fees
of litigation. The Indian government began discussing the issue of legal aid for the
underprivileged at various gatherings of law ministers and law commissions. Free legal aid,
according to the Law Commission's XIV report, is a is a service that the government ought to
offer. In 1960, the government created certain rules for legal assistance programmes in
response to the law commission's suggestions, but the programme failed due to a lack of
funding. In an effort to revitalise the programme once more, the Indian government
established the Krishna Iyer Committee in 1973 to advise the states on how to design and
elaborate their legal aid programmes. The committee produced a report, and the law
commission believed that the state should provide free legal aid as a service. The government
developed certain principles for legal assistance programmes in 1960 in response to the Law
Commission's suggestions, but the programme was not successful due to a lack of
funding.not endure. In an effort to revitalise the programme once more, the Indian
government established the Krishna Iyer Committee in 1973 to advise the states on how to
design and elaborate their legal aid programmes. Regarding the establishment of legal
assistance committees in each district, at the state level, and in the centre, the committee
developed the most methodical and extensive statement. The relationship between law and
poverty was discussed in the study. It highlighted the necessity of a robust and well-
established system of legal assistance that made it possible for people to access the law
instead of the other way around. Under the direction of Hon. Mr. Justice P.N. Bhagwati, who
was a judge on the Indian Supreme Court at the time, a national committee was established in
1980 to oversee and monitor legal assistance programmes across the nation. The group
promoted the idea of setting up legal assistance clinics and nyayalayas in rural areas. Legal
aid should be included in the constitution, the committee concluded in its report. The
committee for implementing legal aid programmes was created by the federal government in
1980. (CILAS). It began to keep tabs on legal aid activities around the nation by funding and
supporting numerous groups at various levels. Adding a new chapter when Lok Adalats was
introduced Under the direction of Hon. Mr. Justice P.N. Bhagwati, who was a judge on the
Indian Supreme Court at the time, a national committee was established in 1980 to oversee
and
Under the direction of Hon. Mr. Justice P.N. Bhagwati, who was a judge on the Indian
Supreme Court at the time, a national committee was established in 1980 to oversee and
monitor legal assistance programmes across the nation. The group promoted the idea of
setting up legal assistance clinics and nyayalayas in rural areas. Legal aid should be included
in the constitution, the committee concluded in its report. The committee for implementing
legal aid programmes was created by the federal government in 1980. (CILAS). It began to
keep tabs on legal aid activities around the nation by funding and supporting numerous
groups at various levels. Adding a new chapter when Lok Adalats was introduced to the
nation's justice administration system and was successful in giving litigants an additional
platform for the peaceful resolution of their conflicts. A unified framework for legal
programmes at the national, state, and district levels was intended to be provided by the Legal
Services Authorities Act, 1987, which was passed in 1987. Several provisions made by the
Amendment Act of 1994 were included in this Act before it was officially put into effect on
November 9th, 1995.
 CONSTITUTIONAL PROVISION OF LEGAL AID
Free legal assistance for the poor and impoverished is guaranteed by Part IV of the
Constitution (DPSP), specifically by Article 39-A. The Constitution (Forty-second
Amendment) Act of 1976, Section 8, which inserted Article 39-A, enacts the following: 39-
A. Equal justice and free legal assistance. The State shall ensure that the operation of the
legal system promotes justice, on the basis of equal opportunity, and shall, in particular,
provide free legal assistance, by appropriate legislation or schemes or in any other manner, to
ensure that opportunities for securing justice are not denied to any citizen due to economic or
other disabilities. Free legal assistance is emphasised as an essential component of
"reasonable, fair, and just" in this article. method because without it someone with an
economic or other disability would not have the chance to obtain justice. The word "must" is
used twice throughout the article, which underlines the duty of the state to offer free legal
assistance to the poor and needy by appropriate laws, programmes, or other means,
eliminating the role of charity in providing such assistance. It is a constitutional requirement
stipulated by Articles 14 and 21 of the constitution as well as Article 39-A to provide legal
help to a poor and needy accused who is detained and put in danger of losing his life or his
personal freedom. The court has urged the national and state governments to launch a
comprehensive legal aid programme across the nation. The Supreme Court has repeatedly
cited Article 39-A, which guarantees free legal representation, in support of this argument
and has interpreted Article 21 in light of that provision. The State is required by Articles 14
and 22(1) to guarantee equality before the law and a legal system that advances justice on the
basis of equal opportunity for everyone.

Functions Under The Legal Services Authorities Act of 1987 and the Frame
Works for The Legal Services Authorities' Operation in India At Various Levels
Responsibilities of the central authority In accordance with Section 4 of the aforementioned
Act, the Central Authority shall carry out all or any of the following duties: # establish
policies and principles for providing legal services under the provisions of this Act
#) develop the most practical and cost-effective plans for providing legal services under the
provisions of this Act
#) make proper use of the funds at its disposal and allocate funds to the State Authorities and
District authorities

#) take action through social justice litigation in order to defend consumers, the environment,
or any other issue of particular importance to the society's weaker groups, and for this aim,
train social workers in legal abilities;
#) establish legal aid camps, particularly in rural areas, slums, or labour colonies, with the
dual goals of teaching the society's poorer segments about their rights and encouraging the
use of Lok Adalats to handle disputes;
#) promote the use of mediation, arbitration, and conciliation to resolve disputes;
#) engage in and support research in the area of legal services with a focus on the need for
such services among the underprivileged;
#) to take all necessary actions in order to adherence to the fundamental obligations of
citizens under Part IVA of the Constitution;
#) periodic monitoring and assessment of the legal aid programmes' execution; and provision
for independent evaluation of programmes and schemes carried out in whole or in part using
funds made available under this Act.
#) out of the funds placed at its disposal for the implementation of legal services schemes
under the provisions of this Act, grant in assistance to various volunteer social service entities
and the State and District Authorities for the purposes of certain programmes create, in
collaboration with the Indian Bar Council, programmes for clinical legal education;
encourage direction; and monitor the development and operation of legal services clinics in
universities, law schools, and other institutions;
#) take reasonable steps to promote legal # promote literacy and legal awareness among the
public and, in particular, to educate weaker sections of society about the rights, benefits and
privileges guaranteed by social welfare legislations and other enactments as well as
administrative programmes and measures.
# make special efforts to enlist the support of the voluntary social welfare institution, working
at the grass-roots level, particularly among the Scheduled Castes and the Scheduled Tribes,
women and rural and underprivileged communities
 ISSUES AND CHALLENGES FACED BY PEOPLE FOR
LEGAL AID
The law is not seen as a friend by the poor man; rather, he views it as an enemy. He sees the
law as a constant taker of things. - Speech given on May 1, 1964, on Law Day, by Attorney
General Robert Kennedy.
In India, there is no effective mechanism for legal aid. Real legal aid has not been provided
by the National Legal Services Authorities for four key reasons:
1)There is a general lack of knowledge about legal aid's availability,
2) A belief that free services cannot be of high quality,
3)A shortage of lawyers provided by the legal services authorities,
4)A general lack of interest on the part of lawyers in offering competent legal assistance due
to financial restrictions.
5) Compared to civil courts, Lok Adalats have fewer powers. First, there aren't enough
formalities. The parties cannot be forced to appear for the proceedings in this case, so. There
is frequently a delay in the resolution when one of the parties does not show up for the
hearing.
6) Paralegal volunteers being underutilised The basic role of these para-legal volunteers is to
promote legal aid camps, schemes and to reach to the poor and weaker sections of the society.
But there is a lack of proper training, monitoring, verification, of these para legal volunteers.
And these volunteers are also very less in number as compared to the whole population.
Additionally, lawyers who are contracted to offer legal help and are compensated with public
funds funds do not faithfully defend their clients, seriously undermining the legitimacy of the
legal assistance programme offered to underprivileged groups in society. Some attorneys
hired by legal assistance organisations use delay strategies to hold their clients' cases ransom.
Even though they are meant to get their fees from the legal aid committee, these attorneys
force their clients—many of whom are innocent—to pay them additional sums of money. The
legal aid committee's compensation for attorneys is quite meagre and does not even cover
incidental costs, which may be a factor in this.
The distribution mechanism for legal aid in India is a huge barrier as well because it is simply
too ineffective. A campaign should be started to raise awareness of free legal aid, and more
lawyers should be encouraged to provide it. As long as people are unaware of their
fundamental rights, the legal aid movement will not succeed in its mission. The impoverished
are vulnerable to exploitation and eventually denied the rights and advantages that the law is
supposed to provide them with when they are unaware of their legal rights. Thus, raising
public awareness and improving delivery methods are essential for a successful free legal
assistance programme.
The government must launch a campaign to teach and educate the general public about their
right to free legal help for it to successfully provide legal aid in India. In addition, the
government must use more effective procedures to enhance the delivery of legal help,
including but not limited to higher compensation for legal aid attorneys. The constitutional
entitlement to free legal help is meaningless in the absence of such.

ROLE OF JUDICIARY IN PROVIDING FREE LEGAL AID

Over the course of a decade, the idea of legal aid has changed as a result of numerous
Supreme Court rulings. The concept of free legal aid in India was developed with significant
help from the judiciary. The topic of providing poor and needy people with free legal help
had been thoroughly considered by the apex court on numerous occasions. In the ruling in
Hussainara Khatoon v. State of Bihar, the connection between Article 21 and Article 39-A,
the right to free legal aid, was established. The court in this case was horrified by the
condition of thousands of people awaiting trial who had been held in Bihar jails for years on
end without ever having a counsel present.
According to the court, "the right to free legal services is It is obvious that due process is a
necessary component of a reasonable, just, and fair procedure for a person accused of a
crime, and due process must be regarded as implicit in Article 21's guarantee. Every accused
individual who is unable to hire a lawyer and get legal services due to poverty has a
constitutional right to this.
There can be no doubt that a swift trial—by which the court meant "reasonably expedient
trial"—is a crucial and integral component of the fundamental right to life and liberty
protected by Article 21.
In the case of Khatri & others v. State of Bihar, the issue of whether the accused must request
a lawyer or if one should be made available without a request was addressed. In this case, the
Supreme Court ruled that the Magistrate or Sessions Judge before whom an accused appears
"must be held to be under a duty to inform the accused that he is entitled to receive free legal
aid at the expense of the State if he is unable to retain the services of a lawyer due to poverty
or indigence." We regretted that the judge in that case, where the defendants were blindfolded
inmates, did not do his duty and argued for himself by just noting that the inmates had not
requested legal representation, hence none had been given. As a result, we ordered the
magistrates and sessions judges in the nation to tell each accused person who stands before
them without legal representation. a lawyer is entitled to free legal services at the courthouse
due to his indigence or poverty. Unless he declines to use the free legal assistance offered by
the State, the cost of State. We also gave a general directive to every state in the nation... to
provide for the grant of free legal service to an accused who is unable to hire a lawyer due to
reasons like poverty, indigence, or situations where they are isolated. The only qualification
is that the offence charged against an accused must be such that, if found guilty, it would
result in an imprisonment sentence.
Sheela Barse v. State of Maharashtra  was a dispute over , which has to do with security in
the police holding cell. The Supreme Court advised: 
The Supreme Court gave the following advice: 
1. Whenever a person is detained by the police without a warrant, he or she must be
immediately informed of the reason(s) for detention, and in every instance of detention, the
detained individual must be immediately informed that he or she has the right to apply for
bail. A pamphlet outlining the legal rights of an arrested person will be immediately prepared
by the Maharashtra State Board of Legal Aid and Advice. The State of Maharashtra will print
an adequate number of copies of the pamphlet in Marathi, the state's official language, as well
as in Hindi and English, and printed copies of the booklet in all three languages shall be a
requirement. Every police lockup has a fixed in every cell that must be read to the suspect in
one of the three languages they both speak as soon as they arrive at the police station. 
2. Whenever a person is detained by the police and taken to the police holding facility, the
police will immediately notify the closest legal aid committee of the fact of the arrest, and
this committee will immediately take action to provide legal assistance to the detained person
at state expense, provided he is willing to accept such assistance. The related legal aid
committee will get the required funding from the state government to carry out this directive.
The connection between legal aid, legal training, and fee-paying Contact an attorney for free
legal assistance were examined in the case State of Maharashtra v. M.P. Vashi , where the
highest court concluded that in a suitable case, the court can order the ruling lawmakers to
implement the Directive Principles of State Policy, despite the fact that they are deemed to be
non-justiciable in a court of law. Additionally, when the politicians and other decision-
makers Administrative officials, the court system will step in. Politicians cannot argue a lack
of funding in opposition to such directives. The Supreme Court combined legal aid with legal
education, and ordered the state to raise and reform legal education's declining standards. In
order to afford free legal help, the court recognised the necessity for a sizable number of
people with legal training. Lack of adequate facilities, infrastructure, qualified faculty and
staff, and law institutions would have a negative impact on the standard of legal education
and may lower the "quality" of free legal assistance.
Free legal aid should under no circumstances be provided at the expense of quality;
otherwise, it will merely be forced onto recipients or be a hollow ceremony. In this instance,
the Supreme Court The Supreme Court established some prohibiting guidelines for free legal
representation for inmates that must be adhered to by all courts in India. These guidelines
include providing a free transcript of the judgement promptly after it is rendered; providing
every facility necessary for exercising an appeal or revision right when a prisoner requests
one; and if a prisoner is unable to exercise his constitutional and statutory rights of appeal,
including the right to special leave. Under Article 142, read with Articles 21 and 39-A of the
Constitution of India, the court has the implicit authority to appoint counsel to the prisoner in
order to pursue an appeal for lack of legal representation, so long as the prisoner does not
object to the attorney the court names. The case of Centre for Legal Research v. State of
Kerala brought up the function and importance of nonprofit organisations, which the Apex
Court examined. In this instance, it was questioned whether the state government should fund
nonprofit organisations or social action groups participating in the legal aid programme, and
if so, to what amount and under what circumstances. In this case, the Supreme Court ruled
that there can be no question that if the legal assistance programme is successful, Public
involvement is required. Without a doubt, the state government has a responsibility
Establishing a comprehensive and successful legal aid programme is mandated by Article 39-
A of the Constitution, which incorporates a Directive Principle of State Policy, in order to
guarantee that the functioning of the legal system promotes justice based on equality.
However, it was acknowledged that no legal aid programme could succeed if management
continued to control how it was run. Therefore, it was crucial that individuals be considered
participants in the legal aid programmes. However, without nonprofit organisations and
social action organisations, this would not have been feasible. These organisations work at
the grassroots level with the most disadvantaged and vulnerable members of society, and they
are aware of the issues and challenges that these underserved segments of Indian society face.
They possess a keen awareness of the needs of the populace, understand the root causes of
exploitation and injustice, and work toward achieving social or distributive justice for them.
The Court stated the opinion that the state should encourage and support the voluntary
organisations and social action groups in running the legal aid programme through Chief
Justice Bhagwati.