Assignment of

LEGAL AID AND PUBLIC INTEREST LAWYERING

(Evaluation-1)

Submitted By-

Abhay Srivastava

B.COMLLB(H)

1805150001
 Legal Aid

Legal aid is designed for people who cannot afford to pay a lawyer to defend
themselves in court. Continue reading to know the objectives and benefits of legal
aid.

Legal aid is a government program that provides help, advice, and representation to
those who cannot afford it. Free legal aid is every Indian’s fundamental human right
according to the Indian Constitution.

The National Legal Services Authority regulates this component of legal services. It
guarantees help to the poorer parts of society who fall under section 12 of the Legal
Services Authority Act, 1987. Legal help to the poor, weak, and illiterate is required
for the rule of law to exist. Poor, illiterate people are denied access to justice unless
they are given legal counsel.

 The Indian Constitution requires the court to be independent and impartial. As a

result, courts are accountable for upholding the Constitution and protecting citizens’
rights, regardless of their financial circumstances.

Objectives of Legal Aid

The objective of legal aid lies in bridging the gap and making legal services
accessible to all segments of our society. Its core aim is to protect the rights and
interests of people. Legal aid is a step by which weaker sections of our country can
become strong and enable themselves to live with confidence.

 The concept of legal aid is made such that no one feels like they are treated
separately. There are many negative aspects of the society because of which some
have remained underprivileged – the objective of providing legal aid is the upliftment
of one and all.
 The three-A guide on the framework is mentioned below.

 Awareness: People are empowered when they are aware of their rights and
power and learn how to secure these rights for themselves.

 Assertion: Encourage those people to assert those rights as a “right” and not
as a favour.

 Arrangements: Once objectives 1 and 2 are achieved, it is the responsibility of

the State to make the necessary arrangements. It must ensure that these
rights are given to those who claim them in a fair and just manner.

Types of Legal Aid Fund

1. Grants by the Central Government (National Legal Aid Fund): The Central
Government shall make grants to the Central Authority to carry out the
purposes of legal aid in the amount it deems fit.

2. State Legal Aid Fund: Established by State Authority

3. District Legal Aid Fund: Established by District Authority

Types of Legal Services

Legal services can be divided into two types; pre-litigation services and post-litigation
services.

With each passing day, the number of lawsuits is on the rise, which poses a risk to
the smooth administration of justice. Before now, the emphasis has been on post-
litigation assistance or help. However, this focus is changing as it becomes apparent
that pre-litigation legal services are of greater value than post-litigation legal
services.

Pre-litigation services include:

 Legal education
  Legal advice

 Legal awareness

 Pre-litigation settlement

The incorporation of legal aid puts forth challenges and opportunities to the legal
community. Let’s review these in detail.

Benefits of Legal Aid

Legal aid provides support to the underprivileged and weaker sections of our society.
Below are ways in which legal aid has benefitted India’s marginalised communities: 

 It has increased people’s trust in the fairness of the system

 It has made the judicial system accessible to everyone.

 It has made the judicial system work more efficiently.

 It has empowered citizens by informing them about the different paths besides
post-litigation. 

 As a result, it has helped in getting better judgments.

Challenges to Legal Aid

 Illiteracy and lack of awareness: Legal aid has not yet achieved its goal
because people are still unaware of their rights. Due to not knowing the
meaning of legal aid and a general lack of information, poor people are
abused and deprived of their rights and benefits.

 Insufficient financial support: According to sources, only 0.2 per cent of the
GDP (Gross Domestic Product) is spent on the administration of law and
justice in our country. This amount is grossly inadequate and insufficient in a
democracy.

 Legal aids have a limitation: There are limitations in covering the total cost
borne by the person. It only covers the deposition charges and lawyer fees,
 but it does not cover bribes, transportation costs, and other expenses required
at the ground level. 

Who Is Entitled to Receive Legal Aid?

The Indian Constitution states that every person is entitled to receive legal aid.
Indian citizens, irrespective of age, gender, or ethnicity, qualify for legal aid if they fall
under the following categories:

 A person belonging to Scheduled Caste or Scheduled Tribe

 A woman or a child

 People who have been victims of trafficking

 A mentally ill or otherwise disabled person

 A person under special circumstances

 An individual in custody, including custody in a protective home

The person to whom legal aid is provided need not have to pay any money for the
following:

1. Court fees or any other legal costs related to litigation

2. Documentation fees (drafting of documents, getting copies, etc.)

3. Fees of the lawyer

Legal Framework for Legal Aid in India

The articles and laws that have been formulated to make legal aid accessible to the
people in need include: 

 Article 14

 Article 21

 Article 22(1)

 Article 39(A)

 Rule 46 of Bar Council of India

 Rules in part-VI

 Section 304 of Criminal Procedure Code, 1973

 Order 33 of Civil Procedure Code, 1908 

 Legal Services

Legal service means help or assistance or free service in the field of law. The apex
court has categorically stated in its various decisions that legal aid is not a charity but
it is a duty of a welfare state.               

The definition of legal service has been given under section 2(1) (c) of the legal
service act,1987, which is as under:-                                     

“Legal service includes rendering of any service in the conduct of any other
proceedings before any court or other authority or tribunal and the giving of any
advice of any legal matter.”        

On further scrutinizing it, we will find three basic things in it:

1)   Legal services are provided in conducting legal proceedings.

2)   Legal proceeding may be before courts or tribunals or any other authority. 3)  
Legal service includes legal advice also and can enforce their rights.       

Before passing of the legal services authority act, legal aid was provided by the
states under administrative rules, which were different in different states. The Bar
council of India also framed legal aid rules in the year 1983.

Rule 2(G) says that legal aid means legal representation by a member of legal
profession, which includes all other relevant services. The definition was restrictive in
manner as it included representation by lawyers only. In this way, no concrete
definition was available.                     

There were many other services, which are provided under many legal service
scheme. Many state legal service authority has established many grievance cell and
are trying to solve many social, economic and political problems as well.  

 
KINDS OF LEGAL SERVICES:                 

There are basically two types of legal services:

a)    Pre-litigation legal services

b)    Post –litigation legal service.  

PRE-LITIGATION LEGAL SERVICES:                                   

It has been rightly said that prevention is better than cure. Escalation in the number
of cases is a matter of grim concern. Litigation should be the last resort. Matters
should be resolved without resorting to the complicacies of the legal framework of
the country.  

Such services include:

o Legal education
o Legal advice
o Legal awareness
o Pre litigation settlement.                              

In order to eliminate cumbersomeness and complexity, more and more emphasis

should be laid on pre litigation services. Litigation should be used be as the last
resort. If pre litigation services are properly rendered than both time and expenditure
could be saved. In pre litigation services there will be minimum financial burden upon
the state. Therefore, priority is given to pre litigation services in the country. In Legal
literacy programme, awareness is being created about many current issues.  
POST LITIGATION SERVICES:            

The basic fund governing Post litigation services is to provide free legal services to
poor and socially downtrodden people. The Supreme court has warned on many
occasions that only experienced Lawyers may be put on the panel as inexperienced
lawyers may not represent the grievances of the poor in a proper manner. Legal
fraternity must respond in an enthusiastic manner. The Bar must evolve a scheme to
ensure t of that unprotected is not priced out of market. Well-structured and effective
planning for efficient planning campaign for awareness of objects of provisions of
Legal services Authority’s act must be evolved