Legal Aid as a Fundamental Right: Bridging the Socio-Economic Divide

One such basic human right in common law is 'Access to Justice' and fortunately now it has
found a place as a constitutional right in the Indian Constitution, under Article 14. The article
states that "The State shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India.” Article 14 eliminates discrimination of all
forms of caste, race, religion, place of birth, or sex discrimination, thus protecting the rights
of people staying in India. It is a milestone for affirming citizens have an adequate means of
access to legal organs where they can seek justice and redress. Article 32 of Indian
Constitution also gives the right of a citizen to seek jurisdiction of the Supreme Court in
vindication of the infringed fundamental rights. It allows the court to grant appropriate
directions, orders, or writs to redress the infringed rights. Likewise, Article 226 builds a
channel of redress and persons who feel that his right is deprived can approach directly the
High Court of the concerned state. But just recognizing the right of access to justice as a
constitutional right is not enough, without its execution it has often became nothing
more than window dressing, existing in theory but lacking in practical application.
Because even after 77 years of independence, a good proportion of poor poverty-stricken
people can’t afford litigation fees, hence feel deprived of this right. This right means the right
to access courts, since one need to visit the court to seek justice. However, access to courts is
not enough. One needs to represent their case effectively to ensure favourable verdicts.
Richer men, therefore hire experienced and seasoned law practitioners to represent their case,
while the poor will have nothing to do but leave their rights undone and deprived because
they do not have enough money and resources. Such inequality creates perceptions that
“legal institutions are just made for betterment of rich people, rather than rights for
everybody.” This imbalance was addressed through Article 39(A) in 1976 by the 42nd
Amendment of the Constitution, which also recognized the right to legal aid to ensure justice
on equal opportunities. No citizen shall be deprived of equal opportunities to secure justice
on account of economic or other disabilities. In order to realize this directive principle (article
39A), parliament passed the Legal Services Authorities Act on 11 October 1987. The act
institute/established the National Legal Service Authority (NALSA) and State Legal
Service Authorities (SLSAs) to manage the legal aid services nation-wide. Further, section
3(A) of Legal Services Authorities Act, 1987 establishes the Supreme Court Legal Services
Committee to ensure pro bono free legal services for people approaching the Apex Court. To

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ensure the aim of providing the free legal aid, the SCLSC maintains a panel of advocates who
voluntarily file and argue cases on the behalf of less-fortunate person.
In the case of Hussainara Khatoon vs. Home Secretary, State of Bihar (1979), the
Supreme Court held that the right to a speedy and fast trial is a fundamental right which
guaranteed under Article 21 of the Indian Constitution. The Supreme Court, in the case of
State of Maharashtra vs. Manubhai Pragaji Vashi and Ors. (1995) held that failing to
give free legal help to accused at the cost of the state unless the accused himself refuses for
the same, would menace the whole trial. Further, Justice Krishna Iyer stated in the case of
M.H. Hoskot vs. State of Maharashtra (1978) that providing free legal assistance is the
state’s responsibility and not the government’s charity. Their concentration is free competent
service to the weaker sections, so that poor and rich alike get justice without bothering for
any economic disparities to befall. These programs have increased the number of cases for
poor, litigants to appear, which is a step closer to justice for all. However, there are still areas
that need improvement. The state often sends newly graduated advocates to courts with little
experience, which sometimes results in less effective case presentations in front of seasoned,
high-charging lawyers representing wealthy clients. And now the only solution left is free
legal services by old and seasoned lawyers. But most of the lawyers are not ready to provide
free legal aid so in this case the Honourable Supreme Court has advised advocates to provide
Pro Bono Services. The term "Pro Bono" originates from the Latin phrase "Pro Bono
Publico", meaning "for the public good." But it should not be mandated to lawyers as ragging
in American Bar Association (AMA) by the recent proposal of the ABA’s Ethics 2000
Commission to amend r6.1 of the Model Rules of Professional Conduct but voluntarily be
provided.
Mahatma Gandhi was also a strong advocate for free legal services. We find the evidence of
the same from the incident of Champaran Movement. In April 1917, during the Champaran
movement in Bihar, when he addressed a group of lawyers from Patna and found that they
were charging very high fees, he reprimanded them, demanding them to provide free legal
services to the impoverished farmers. His insistence on free legal aid services shows his
commitment to justice and equality, ensuring that even the poor had the access to justice that
is legal representation.
Today, there are millions of NGOs throughout the world who are serving the people who are
unable to meet the minimum life standard. NGOs today are encouraging and hiring advocates
to provide free legal services.
Some of the examples of NGOs who are contributing in this sector are –

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1. Legal Aid Trust – Established in 2013, this NGO focuses on providing accessible and
affordable legal aid and services to all sections of society. They emphasize legal literacy,
awareness and education.
2. CLAP Legal Service Institute - Founded in 1982, this organisation is dedicated to
advancing human rights through the use of law, legal processes, and the legal system. They
provide pro-bono legal services to marginalized communities and advocate for legal reforms.
3. Global Law Foundation – This NGO aims to spread legal awareness in India by
educating people about their rights, duties, laws and provisions. They provide free legal aid to
those in need.
To promote access to justice to poor people, free legal services should be encouraged among
advocates to give their professional time and information. These services should not be
mandated on lawyers rather should be voluntarily provided to poor people. They should be
given free legal advices, free court representation, etc.
At last, I would like to conclude that legal services should be provided voluntarily to the
marginalised section of society so that right to access justice and seek legal jurisdiction
reaches to all. The true spirit of pro bono lies in the satisfaction and joy derived from the
smile and thank of those less fortunate. Hence it should never be mandated which would
destroy his meaning Legal aid services also preserve the meaning of Article 14, 32 and 39(A)
of Indian Constitution. Legal aid services play a crucial role in providing security and justice
in the society by providing access to justice to all, protection of rights of all person
irrespective of his social, economic status.

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By – Varish Kansal