Q.

1 “Free Legal Aid and Legal Advice is in tune with the constitutional mandate of
Equality before law and Equal protection of law”. Discuss this statement in the light of
the constitutional provisions supporting free legal service.

Or

Q.5 What are the constitutional provisions forming the base for the Free Legal Aids to
the citizen? Explain in detail along with the Judicial Approach.

Introduction

Access to justice is a cornerstone of a democratic society, and for that access to be truly
meaningful, it must be available to all regardless of economic status, social background, or
educational attainment. In a country as diverse and complex as India, where a significant
proportion of the population lives below the poverty line and large sections remain socially or
geographically marginalized, the concept of free legal aid plays a vital role in upholding the
rule of law and ensuring equal access to justice. Free legal aid refers to the provision of legal
services including legal advice, representation, and assistance at no cost to those who cannot
afford them. It is not merely a welfare measure but a legal and constitutional obligation of the
State.

The constitutional mandate for free legal aid is enshrined in Article 39A of the Indian
Constitution, inserted by the 42nd Amendment Act of 1976. It directs the State to ensure that
the legal system promotes justice on the basis of equal opportunity and, in particular,
provides free legal aid to ensure that no citizen is denied justice due to economic or other
disabilities. Though housed in the Directive Principles of State Policy, Article 39A has been
interpreted in conjunction with Articles 14 and 21 to form an enforceable right to legal aid.
The Supreme Court of India has, through landmark judgments like Hussainara Khatoon v.
State of Bihar and Khatri v. State of Bihar, recognized free legal aid as an essential
component of the right to a fair trial and, consequently, a fundamental right under Article 21.

Meaning

“Free Legal Aid”

Article 39A States that - 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.

In other word, 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.

Constitutional Foundations
  The constitutional framework for free legal aid in India is grounded in the vision of
ensuring equal access to justice for all, irrespective of economic or social status.
 Article 39A of the Indian Constitution, introduced by the 42nd Amendment Act,
mandates the State to provide free legal aid to prevent denial of justice due to poverty
or disadvantage.
 Though a Directive Principle, its essence has been judicially linked to fundamental
rights under Articles 14 and 21, making it enforceable.
 This constitutional mandate forms the basis for laws, institutions, and schemes aimed
at realizing the right to legal assistance.

Article 39A and the Directive Principles of State Policy

 Article 39A is part of the Directive Principles of State Policy (DPSP) under Part IV of
the Constitution and thus not directly enforceable in a court of law it reflects the
commitment of the Indian State to promote substantive equality and access to justice.
 Importantly, the judiciary has interpreted Article 39A in conjunction with Articles 14
and 21, thereby making the right to free legal aid a justiciable right in certain contexts.
 As a result, free legal aid has evolved from a constitutional ideal into an actionable
right, forming a critical bridge between law and justice for India’s marginalized
communities.

Relationship with Fundamental Rights: Articles 14 & 21

Free legal aid in India derives significant constitutional strength from the interpretation of
Article 14 and Article 21 of the Constitution. While Article 39A explicitly directs the State to
provide free legal aid, it is part of the Directive Principles of State Policy, which are not
enforceable by courts. However, the Supreme Court of India has creatively interpreted
Articles 14 and 21 to make free legal aid a justiciable and enforceable right, thus giving it the
force of fundamental rights.

Article 14 guarantees equality before the law and equal protection of the laws, ensuring that
no person is discriminated against in the application of legal rights and remedies. When legal
processes become inaccessible to economically or socially disadvantaged individuals due to
financial hardship, it effectively denies them the equal protection that Article 14 mandates.
Hence, the denial of legal aid to the needy is viewed as a violation of the principle of equality.

Article 21, which protects the right to life and personal liberty, has been expansively
interpreted to include the right to a fair trial and access to justice. In landmark cases such as
Hussainara Khatoon v. State of Bihar and Khatri v. State of Bihar, the Supreme Court held
that the right to free legal aid is implicit in Article 21. The Court emphasized that a fair trial is
impossible if the accused does not have competent legal representation, particularly in
criminal cases involving imprisonment.

Together, Articles 14 and 21 form the constitutional foundation for the enforceability of free
legal aid in India. They ensure that justice is not only a formal entitlement but a substantive
right accessible to all citizens, regardless of their financial or social condition. This
interpretation transforms free legal aid from a directive goal into a fundamental right,
enforceable through judicial intervention. Thus, the judiciary has fused the Directive
Principle (Article 39A) with enforceable constitutional guarantees to develop rights to free
legal aid in concrete cases.

Conclusion

Therefore, Free Legal Aid and Legal Advice is in tune with the constitutional mandate of
Equality before law and Equal protection of law. Free legal aid in India is not merely a
welfare provision it is a constitutional and moral imperative aimed at ensuring that justice is
accessible to all, irrespective of financial, social, or educational status. Rooted in Article 39A
of the Constitution and reinforced by the expansive interpretations of Articles 14 and 21, free
legal aid is now recognized as a fundamental right, essential for the realization of fair trials
and equality before the law.
Q.2. Explain in detail various authorities under the Legal Services Authorities Act, 1987.

Introduction

The Legal Services Authorities Act, 1987 was enacted to give concrete shape to this
constitutional mandate. The Act establishes a comprehensive institutional framework for
providing free and competent legal services to eligible persons and for organising Lok
Adalats as an alternative and conciliatory dispute resolution mechanism.

The idea of legal aid in India predates the Legal Services Authorities Act. In the early years
after independence, legal assistance for the poor was largely dependent on voluntary
initiatives, bar associations, and ad hoc governmental schemes. However, the need for a
structured, statutory system became increasingly evident with the expansion of fundamental
rights jurisprudence in the 1970s.

Article 39A, inserted by the 42nd Constitutional Amendment, laid the constitutional
foundation for state-sponsored legal aid. The Legal Services Authorities Act was enacted to
translate this constitutional directive into enforceable institutional mechanisms.

The Legal Services Authorities Act establishes a multi-tier institutional framework to ensure
availability of legal services at every level of the justice delivery system.

Meaning

“Central Authority”

As per Section 2 (1) (aa) of the legal services authorities act, 1987 - “Central Authority”
means the National Legal Services Authority constituted under section 3;

“State Authority”

As per Section 2 (1) (h) of the legal services authorities act, 1987 - “State Authority” means a
State Legal Services Authority constituted under section 6;

“District Authority”

As per Section 2 (1) (b) of the legal services authorities act, 1987 - “District Authority”
means a District Legal Services Authority constituted under section 9;

Constitution of Legal Service Authorities

National Legal Service Authority (NALSA)

As per Section 3 of the legal services authorities act, 1987 - The Central Authority shall
consist of:

 The Chief Justice of India serves as the Patron-in-Chief.

 A serving or retired Judge of the Supreme Court acts as the Executive Chairman.

 Other members are nominated in consultation with the Chief Justice of India.

 A Member-Secretary handles administrative and executive functions.

State Legal Service Authority (SALSA)

As per Section 6 of the legal services authorities act, 1987 - The State Authority shall consist
of:

 The Chief Justice of the State High Court is the Patron-in-Chief.

 A serving or retired High Court Judge acts as the Executive Chairman.

 Members are appointed in consultation with the Chief Justice.

 A judicial officer serves as the Member-Secretary.

District Legal Services Authorities (DALSA)

As per Section 9 of the legal services authorities act, 1987 - The District Authority shall
consist of:

 The District Judge functions as the Chairman.

 Judicial officers serve as Secretaries.

 Responsibilities include coordinating legal services activities, organising district-level

Lok Adalats, and overseeing Taluk Legal Services Committees.

Functions

Functions of NALSA

NALSA performs policy-making, supervisory, and coordinating functions, including:

 Laying down policies and principles for legal aid programmes.

 Framing effective and economical schemes for legal services.

 Allocating funds to State and District Legal Services Authorities.

 Promoting social justice litigation in areas affecting weaker sections.

 Organising legal aid camps and awareness programmes.

 Encouraging alternative dispute resolution methods such as mediation, negotiation,

and conciliation.

 Coordinating legal services activities across institutions and monitoring

implementation.

NALSA also plays a significant role in promoting legal services clinics in law universities
and colleges, integrating legal education with social justice.

Functions of SALSA
State Legal Services Authorities:

 Provide legal services to eligible persons.

 Conduct Lok Adalats including those related to High Court cases.

 Undertake preventive and strategic legal aid programmes.

 Coordinate with government departments, NGOs, and legal institutions.

Q.3 Discuss the provisions of the Civil Procedure Code permitting an indigent person to
prefer a suit without payment of court fees.

Introduction

The principle of access to justice, a cornerstone of a democratic society, depends on the

affordability of legal remedies. In India, the Court Fees Act, 1870, was enacted to generate
revenue but created a financial barrier for poor people. To address this, the law, mainly
through Order XXXIII of the Code of Civil Procedure, 1908, allows “suits in forma
pauperis,” letting indigent persons file suits without paying court fees.

A pauper is a person who cannot afford to pay court fees to start a case. Without this
provision, the right to sue would be limited to the rich, making the constitutional promise
meaningless.

To correct this inequality, the law introduced in forma pauperis proceedings under Order
XXXIII of the Code of Civil Procedure, 1908. This allows an indigent person to file or
defend a case without paying court fees if they prove their poverty. The principle is that the
state’s interest in revenue must give way to its duty to ensure justice is not denied due to
poverty.

Meaning

“Indigent Person”

The definition is given in Rule 1 of Order XXXIII. An indigent person is one:

• Who does not have sufficient means (except property exempt from attachment) to pay the
court fee for the plaint, or

• Where no fee is prescribed, who does not own property worth one thousand rupees (subject
to state amendments), excluding exempt property.

• The explanation states that the subject matter of the suit should be considered while
assessing means. The key test is not total poverty, but the inability to arrange money for court
fees after meeting basic needs.

The Procedure for Instituting a Suit as an Indigent Person

The process is different from filing a regular plaint:

» Application for Leave to Sue as an Indigent Person: The person must file an application
with the plaint, seeking permission to sue as an indigent person. It must contain all plaint
details and a list of movable and immovable property with estimated value.

» Presentation and Scrutiny: The court checks whether the application is properly made. If
there are defects, the applicant may be allowed to correct them.

» Hearing and Evidence: The court fixes a date for hearing and gives notice to the opposite
party and the State Government. The applicant must prove indigency by evidence. The
opposite party can cross-examine and produce evidence against the claim.
» Court’s Inquiry and Order: The court conducts an inquiry into indigency. If satisfied, it
allows the person to sue as an indigent person and the suit proceeds. If rejected, the court
must record reasons.

Grounds for Rejection

Rule 5 of Order XXXIII provides specific grounds on which the application can be rejected.
These include:

• Where the application is not framed and presented in the manner prescribed.

• Where the applicant is not an indigent person.

• Where the applicant has, within two months before the presentation of the application,
disposed of any property fraudulently or to become eligible to sue as an indigent person.

• Where there is no cause of action.

• Where the suit appears to be barred by any law.

• Where any other person has entered into an agreement with the applicant to finance the
litigation.

This preliminary scrutiny is rigorous and often becomes the first major hurdle.

The Intersection with Legal Aid Authorities

The Legal Services Authorities Act, 1987, was enacted to provide free and competent legal
services to weaker sections. There is a close connection between Legal Services Institutions
and the process under Order XXXIII.

Court Observations

The Supreme Court has, in several landmark judgments, emphasized the remedial nature of
this provision.

• In State of Kerala v. K.P. Sudhakaran Nair (2005), the Court held that the term "sufficient
means" does not signify absolute destitution but denotes a person's capacity to raise funds
through available lawful means. The court should adopt a pragmatic approach.

• In Union of India v. Khader International Construction (2001), the Supreme Court stated
that the provision should be construed liberally to advance the cause of justice and should not
be allowed to be defeated by a hyper-technical approach.

• In Raju Ramsing Vasave v. Mahesh Deorao Bhivapurkar (2008), the Court reiterated that
the question of indigency must be determined primarily with reference to the means of the
applicant to pay the court fee and not on the hypothetical possibility of raising a loan or
disposing of property at a throwaway price.

These judgments reflect a philosophy that aligns with the constitutional goal of access to
justice.
Q.4 What so you mean by free Legal Aid and Advice? Distinguish between them and
discuss the concept, scope and importance of Free Legal Aid.

Meaning

“Free Legal Aid” means 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.

“Free Legal Advice” means the practice of giving voluntary legal advice to individuals and
organisations that are unable to afford legal advice and/or cannot access legal aid.

Difference Between them

Basis Free Legal Aid Free Legal Advice

Meaning Complete legal assistance Only legal guidance

Scope Wide Limited

Lawyer Provided Yes Not necessary

Court Included Not included

Representation

Court Fee Paid by the Legal Service Authorities Not included

Drafting & Filing Included Not included

Nature Comprehensive support Consultation only

Stage Before & during litigation Usually before litigation

Concept of Free Legal Aid

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: “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.”
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.

In Hussainara Khatoon Vs. State of Bihar, the court pointed out that Article 39- A
emphasized that free legal service was an inalienable element of reasonable, fair and just
‘procedure and that the right to free legal services was implicit in the guarantee of Article 21.

Scope

Free legal aid is the provision of free legal services in civil and criminal matters for those
economically weaker section of the society and marginalized people who cannot afford the
services of a lawyer for the conduct of a case or a legal proceeding in any Court, Tribunal or
Authority. These services are governed by Legal Services Authorities Act, 1987 and headed
by the National Legal Services Authority (NALSA). Provision of free legal aid may include:

1. Representation by an Advocate in legal proceedings.

2. Payment of process fees, expenses of witnesses and all other charges payable or
incurred in connection with any legal proceedings in appropriate cases;

3. Preparation of pleadings, memo of appeal, paper book including printing and

translation of documents in legal proceedings;

4. Drafting of legal documents, special leave petition etc.

5. Supply of certified copies of judgments, orders, notes of evidence and other

documents in legal proceedings.

Eligibility for Free legal Aid

 Women and children

 Members of SC/ST

 Industrial workmen

 Victims of mass disaster, violence, flood, drought, earthquake, industrial disaster.

 Disabled persons

 Persons in custody

 Those persons who have annual income of less than the amount prescribed by the
respective State Government, if the case is before any court other than the Supreme
Court, and less than Rs. 5 Lakhs, if the case is before the Supreme Court.

 Victims of Trafficking in Human beings or beggar.

The Importance of Legal Aid

Legal aid plays a pivotal role in upholding the principles of equality and fairness within a
society. We have listed some of the key reasons why the importance of Legal Aid is
indispensable:
1. Access to Justice

Legal aid ensures that everyone, regardless of their financial means, can access legal
representation and advice. This prevents individuals from being denied justice simply
because they cannot afford a lawyer.

2. Protecting Rights

Legal aid helps protect the rights of vulnerable populations, including low-income
individuals, minorities, immigrants, and victims of abuse or discrimination. It ensures that
their voices are heard and their rights are upheld in legal proceedings.

3. Preventing Injustice

Without legal aid, many individuals would be at risk of wrongful convictions or unfair
treatment in legal matters. Legal aid organisations work tirelessly to prevent such injustices
by providing competent legal representation to those in need.

4. Promoting Equality

By providing equal access to legal assistance, regardless of financial status, legal aid
promotes equality before the law. It helps level the playing field and ensures that justice is not
reserved only for the wealthy.
Q.6 Discuss in detail the objects and reasons of the Legal Services Authorities Act, 1987
who is entitled to free legal services under the above Act?

1. Object and benefits of the provisions of the Legal Services Authority Act, 1987--- The
Supreme Court has enumerated following objects and benefits of the provisions of the Legal
Services Authority Act, 1987---- (1) No court fee (2) Procedural flexibility (3) Speedy trial
(4) Direct interaction of the parties with the Judge (5) Binding nature of the award of Lok
Adalat (6) Non-appellability and finality of the award of Lok Adalat.

2. Reasons for Implementing LSA Act in India

1. Constitutional Commitment: Our Constitution which is wedded to democracy, socialism,

secularism, equality of status and equal protection of laws, legal aid for weaker sections is a
social obligation and constitutional mandate. It is, therefore, essential to provide legal advice
and representation to all those, threatened as to their life, liberty, property or reputation, who
are not able to pay for it.

11. Lack of legal awareness: In India, a large number of people are illiterate. They do not
understand laws. Ignorance about laws drags them towards legal troubles for many a time as
they are unable to anticipate and prevent the occurrence of legal problems. It remains the duty
of the government to render free legal service to the people.

III. Legal consultation is expensive: Since common people do not understand laws and
legal proceedings, they need to consult legal experts. Ignorance of the poor people enables
the lawyers to charge fees as they wish. Low level of legal awareness also impedes access to
justice.

IV. Delay in disposal of cases: Increasing backlog and delay in disposal of cases has become
a genuine problem. The more time it takes, more is the cost of litigation.

V. Legislative Attempt: Significant thrust in this direction came in seventies and eighties
when civil rights and civil liberties became a matter of major concern in India. The miseries
of people entangled in legal process, deprivation of personal liberties and injustices meted out
to the people in jails and lockups made the demand for civil liberties so powerful that it could
not be ignored any longer.

VI. Judicial Contribution: In 1979, the Supreme Court in Hussainara Khatoon v. State of
Bihar AIR 1979 SC 1360 held that free legal aid is implicit in the guarantee of Article 21 and
Article 14. Two years later in Khatri v. State of Bihar AIR 1981 SC 928 while referring to
apex court's mandate in the Hussainara Khatoon case reiterated that the State cannot deprive
its citizens their constitutional rights on grounds of lack of funds or poverty.

Who is entitled to free legal services?

Prescribed Criteria for Free Legal Services: Under Chapter IV of the Act, Section 12
prescribes the criteria for giving legal services in the following persons are entitles to legal
services under this act:

(a) a member of a Scheduled Caste or Scheduled Tribe;

(b) a victim of trafficking in human beings or beggar as referred in article 23 of the
Constitution;

(c) a woman or a child

(d) a person with disability as defined in clause (i) of section 2 of the Persons with
Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

(e) a person under circumstances of undeserved want such as being a victim of a mass
disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or

(f) an industrial workman; or

(g) in custody, including custody in a protective home within the meaning of clause (g) of
section 2 of the Immoral Traffic (Prevention) Act, 1956, or in a Juvenile home within the
meaning of clause (j) of section 2 of the Juvenile Justice Act, 1986, or in a psychiatric
hospital or psychiatric nursing home within the meaning clause (g) of section 2 of the Mental
Health Act, 1987; or (h) in receipt of annual income less than rupees nine thousand or such
other higher amount as may be prescribed by the State Government, if the case is before a
court other than the Supreme Court, and less than rupees twelve thousand or such other
higher amount as may be prescribed by the Central Government, if the case is before the
Supreme Court.
Q.7 Explain in detail the main provisions of the Legal services Under the above Act,
1987.

Main Features of LSA Act, 1987

1. To provide speedy Justice at no Cost: As discussed above In India the judicial system In
India is as such its not easily to all especially to the weaker section of the society therefore to
ensure that they should not b deprived of their basic right of justice the act was enacted.

II. Saving from the Lengthy Court Procedure: The evolution of ADR in India was
necessitated because of the huge amount of pendency of cases where the justice somewhere
ceases to be denied coz of the delay in the judicial process.

III. Solving the Problem of Backlog of cases: Due to the heavy pendency of cases there
appeared dearth of justice in the judicial process the system of Lok Adalat, which is an
innovative mechanism for alternate dispute resolution, has proved effective for resolving
disputes in a spirit of conciliation outside the Courts. The lok Adalats has been described in
Chapter VI of LSA Act from section 19-22 in which the organization, powers and awards
given by such adalats are described.

IV. Prescribes the Criteria for Legal Services: Under Chapter IV of the Act, Section 12
prescribes the criteria for giving legal services in the following persons are entitles to legal
services under this act:

(a) a member of a Scheduled Caste or Scheduled Tribe;

(b) a victim of trafficking in human beings or beggar as referred in article 23 of the

Constitution;

(c) a woman or a child

(d) a person with disability as defined in clause (i) of section 2 of the Persons with
Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

(e) a person under circumstances of undeserved want such as being a victim of a mass
disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or

(f) an industrial workman; or

(g) in custody, including custody in a protective home within the meaning of clause (g) of
section 2 of the Immoral Traffic (Prevention) Act, 1956, or in a Juvenile home within the
meaning of clause (j) of section 2 of the Juvenile Justice Act, 1986, or in a psychiatric
hospital or psychiatric nursing home within the meaning clause (g) of section 2 of the Mental
Health Act, 1987; or (h) in receipt of annual income less than rupees nine thousand or such
other higher amount as may be prescribed by the State Government, if the case is before a
court other than the Supreme Court, and less than rupees twelve thousand or such other
higher amount as may be prescribed by the Central Government, if the case is before the
Supreme Court.

V. Provisions for Legal Service Authorities: There are three Authorities as

contemplated by the Legal Service Authorities Act, 1987. They are National Legal Services
Authority (CHAPTER II Section 3), State Legal Services Authority (CHAPTER III Section
6), and District Legal Services Authority (Section 9).

(1) NALSA being the Central Authority is ordained to lay down the policies and principles to
be implemented for whole of the country. NALSA has to coordinate the activities of the State
Legal Services Authorities for leading to the ultimate objective envisioned in Articles 14, 21,
& 39-A of the Constitution of India.

(II) It is the duty of the State Authority to give effect to the policy and directions of the
Central Authority. Providing legal service to persons mentioned under Sec.12, to settle the
disputes pre litigation stage conduct Lok Adalats, to plan and organize legal aid programmes
are the fiinctions among others.

(III) It is the duty of every district authority to perform such functions of the state authority in
the district as they may be delegated to it from time to time. Co-ordinate the activities of the
Taluk Legal Services Committee and other legal service in the District, to organize Lok
Adalats are some of the functions of the authority.

VI. Providing legal aid and assistance: Section 13 of the act defines about the entitlement
of legal services. According to the act, Persons who satisfy or any of the criteria specified in
section 12 shall be entitled to receive legal services provided that the concerned Authority is
satisfied that such person has a prima-facie case to prosecute or to defend. An affidavit made
by a person as to his income may be regarded as sufficient for making him eligible to the
entitlement of legal services under this Act unless the concerned Authority has reason to
disbelieve such affidavit.

VII. Organization of Lok Adalat: Sec.19-22 of Legal Services Authorities Act 1987 talks
about the LOK Adalats, LSA also provides for establishment of permanent and continuous
Lok Adalats in all districts for disposal of pending matters, disputes at the pre-litigative stage
and also establish permanent and continuous Lok Adalats for Government Departments,
Statutory Authorities and Public Sector for speedy disposal of the pending cases, disputes at
the pre-litigative stage.

VIII. Reference of Cases referred to Lok Adalat: Section 19(5) defines the reference of
cases to lok adalat which states that A Lok Adalat shall have jurisdiction to determine and to
arrive at a compromise or settlement between the parties to a dispute in respect of-- (i) any
case pending before; or (ii) any matter which is falling within the jurisdiction of and is not
brought before, any court for which the Lok Adalat is organized: Provided that the Lok
Adalat shall have no jurisdiction in respect of any case or matter relating to an offence not
compoundable under any law.

IX. Establishment of Permanent Lok Adalat: The Legal Services Authorities Act, 1987
was amended to set up Permanent Lok Adalat for providing compulsory pre-litigative
mechanism for conciliation and Settlement of cases relating to public utility services.21
Section 22A - 22E deals with the provisions related to the permanent lok adalat
(a) The PLAs exercise jurisdiction in respect of one or more Public Utility Services such as
transport services of passengers or goods by air, road and water, postal, telegraph or
telephone services as mentioned in S.22A (b)

(b) the Permanent Lok Adalat shall not have jurisdiction in respect of any matter relating to
an offence not compoundable under any law.

(c) The pecuniary jurisdiction of PLAs shall be up to Rupees 25Lakh. However, the central
government can increase this from time to time.

(d) The Permanent Lok Adalat shall, while conducting conciliation proceedings or deciding a
dispute on merit under this Act, be guided by the principles of natural justice, objectivity, fair
play, equity and other principles of justice, and shall not be bound by the Code of Civil
Procedure, 1908(1 of 1872) and the Indian Evidence Act, 1872(5 of 1908).

(e) Every award of the Permanent Lok Adalat under this Act made either on merit or in terms
of a settlement agreement shall be final and binding on all the parties thereto and on persons
claiming under them and shall be deemed to be a decree of a civil court.

Χ. Services of Lok Adalat: Some of the benefits that litigants derive by talking their disputes
to such Lok Adalats are:

i) Parties don't have to pay any court fees and if the case is already filed in the regular court.

ii) There is no stnict application of procedural laws (such as the Civil Procedure Code, 1860
and the Evidence Act, 1872) before the Lok Adalat

iii) The litigant will be getting speedy disposal in the process of Lok Adalat

iv) Disputes can be referred to the Lok Adalat directly instead of approaching a regular court
first;

v) Parties are free to voluntarily compromise or settle through the process of "give and take".

vi) The decision of Lok Adalat is binding on the parties to the dispute.

vii) No appeal can lie against the Lok Adalat's order. The reason for this is that unlike a
regular court whose final decision is based on appreciation of evidence, in a Lok Adalat the
decision is mutual arrived at by both parties to the dispute. As the decision in the Lok Adalat
is not imposed upon by a third agency, a case for appeal will not arise and is thus not allowed.

viii) Every Lok Adalat shall, while determining any reference, act with utmost expedition to
arrive at a compromise or settlement between the parties and shall be guided by the principles
of justice, equity fair play and other legal principles.

Judicial Trend: Indian Judiciary made a dynamic interpretation of the provisions of Legal
Services Authorities Act in the right context of our socio-economic milieu to enlarge and
expand the concept of legal aid.

 State of Maharashtra v. Manubhai Pragaji Vashi AIR 1996 SC 1: The crucial

words in the statute are "the obligation of the state to provide free legal aid by suitable
 legislation or by schemes or in any other way so that opportunities for securing justice
is not denied to any citizen by reason of economic or other disabilities".
 Kishore Chand v. State of Himachal Pradesh, 1990 Cri LJ 2289: Though Article
39A of the Constitution provides fundamental rights to equal justice and free legal aid
and though the State provides amicus curiae to defend the indigent accused, he would
be meted out with unequal defence, if as in common knowledge the youngster from
the Bar who has either a little experience or no experience is assigned to defend in.
 Rajeshreeben Dhannendrabhai Patadia v. State of Gujarat, 2002 Cri LJ NOC 5:
It was the duty of members of Bar and Benches to make litigants of this class (like
woman, etc) be made known of their legal right under the Legal Services Authorities
Act. And so on
Q.8 Explain in detail the provisions of the Indian Constitution for free legal aid to
accused persons with case laws.

CONSTITUTIONAL PROVISIONS RELATED TO LEGAL AID IN INDIA

The Constitution of India is known as the fundamental law of the land from which all other
laws derive their sanctity or legitimacy. Therefore, Constitution is a living and growing law
which means it is able to handle with the newer situations and development. That is why, as
and when it is felt that a special situation has arisen and the present constitutional provisions
are not adequate to meet up that situation and cannot deal with the new development
effectively, then the parliament amends it from time to time, and legal aid is such one
provision which was incorporated in the Constitution by the 42nd Amendment in the year
1976. 8 The Constitution of India does not provide for any express provision with regard to
legal aid as a fundamental right, but there are many directions in our Constitution directly or
indirectly regarding legal aid.

2.1 Preamble and the Free Legal Aid: The Preamble to an Act sets out the main objectives
which the legislatures intended to achieve. 9 It is a sort of introduction to the statute and in
many times is very helpful to understand the policy and legislative intent. It expresses “What
we had thought or dreamt for so long”.10 The Constitution of course is the light-house for all
the navigators and its interpretation must conform to its aims and objectives. Law is made for
man, for the society and for the advancement towards those fundamental goals which are
vocatively expressed in the Preamble by the words “We the people of India, it is vividly
expressed that all the provisions in the Constitution reflect the ideals and aspirations of the
people of India.” Law of course, is not static, backward looking or a tradition bond.

2.2 Fundamental Rights and the Free Legal Aid: The doctrine of philosophy of equal
justice becomes apparent on the plain perusal of the Preamble of the Constitution. Justice is
not only in court of law but is envisaged as justice in social, economic and political. Article
14, 19, 21, 22, 32, 38, 39-A, and 226 of the Indian Constitution contain constitutional
provisions that reinforce the Preamble's pledges. The Constitution guarantees everyone equal
access to justice, and justice in true sense can be achieved only by realizing it for the poor
and needy sections of the society. 12 “Equality before the law,” is English in origin, and the
second quotation comes from the American Constitution. Both of these statements, as
correctly noted by [Link], seek to achieve what the Constitution's preamble refers to
as “equality of status.”13 Art. 14 ensure that all people are entitled to same level of legal
protection. In light of this, one could argue that the administration of justice on an equal
footing is our Constitution's underlying principle.

Another crucial factor may also contribute to the required for legal aid. Without a system of
justice administration that the most vulnerable can access, no democracy can last. It wouldn't
be asking too much to say that providing access to the justice system for even the lowliest of
its citizens is essential to the existence of a free government.14 The idea that the poor have a
legal right to exercise it is false because they cannot do so without money, and this is what
causes the poor to suffer and go through hardship. According to the idea of equal justice, the
poor should have the same legal rights as their wealthier neighbors, as well as the same
power to enforce those rights. Equal justice requires a fundamental shift in the mindsets of
legislators, lawyers, and the general public to ensure that the poor are not discriminated
against on the basis of their socioeconomic status or because of their race or gender.15 This
means that Article 14 needs to be interpreted in a progressive and risky way if we are to move
from legal equality to social equality.16 Article 21 is another key provision that has greatly
strengthened and supported legal aid. Life, individual liberty, and “legal procedure” have all
been widened in scope. The third phrase, however, is the most related our current needs. This
idiom now signifies totally the reverse of what it did at its inception as a result of the most
extensive usage of the judicial review engine in this area. Gopalan vs. the State of Madras, 17
The court held that the term “law” had been used to refer to something that embodied the idea
of natural justice. As a result, when this article referred to a procedure established by law, it
meant the procedure that is outlined state law. If this circumstance was fulfilled, action would
be lawful according to Article 21, and it would not be necessary to interpret the phrase in
light of the interpretation that has been given to the phrase due process of law in the
American Constitution, which is related to the provision of legal assistance. This
interpretation of the procedure states that it is the procedure established by law, which
indicates that it may be modified by the legislature by means of the introduction of new
legislation. The right guaranteed by Art. 22 is roughly equivalent to the concept of “Due
Process of Law” as it is described in the U.S. Constitution. The development of Article 22(1)
as it currently stands in the Constitution is also fascinating. The Bill that was drafted by the
committee did not include a “right to counsel” provision. During debates in front of the
Constituent Assembly, Article 15 of the Draft Bill—which was essentially a hybrid of the
current Articles 14 and 21—was subject to some modification.

The absence of the phrase “due process of law” from the original clause caused great deal of
outrage among the members of the Constituent Assembly, and [Link] introduced a
new Article 15A in response. On September 15, 1949, subclause (1) only stated that a person
had the “right to consult a legal practitioner of his choice.” A heated debate followed on the
rest of the sub-clauses of the new draft Article 15A. Only one member
[Link] had something to say on the right counsel and suggested that an
accused person should not only have the right to consult but also be defended by counsel. An
amendment was moved to this effect and [Link] accepted that amendment.19 When
someone is arrested, they have the right to speak with a counsel of their choosing and to have
a productive conversation with the lawyer away from the earshot of the authorities. Any
inmate is entitled to the right, regardless of whether it is granted by a particular statute or
general law.

The right to counsel and to be represented by a lawyer of one's choosing extends beyond the
preliminary hearing and applies to any prosecution before the court or in a tribunal for the
prosecution of any crime, regardless of whether the crime carries the death penalty, the
possibility of imprisonment, or other penalties. The right to be represented covers both
defenses against being charged and against being arrested. A person who has been arrested
but has been released on bail does not automatically lose his entitlement under this Article.
The situation became more fluid after Article 21 and the 42nd Amendment went into effect,
which required the government to provide legal aid.

The Court in A.K. Roy v. UoI, 20 according to a firm interpretation of Articles 22(4) and (5)
of Indian Constitution, a Before the advisory board, a person arrested under the National
Security Act of 1980 is not entitled to legal representation.. The rejection of representation
cannot be viewed as irrational, unfair, or unjust, according to this opinion. However, if the
detention authority or the formed advisory board names a legal adviser on their behalf, the
detainee must also be permitted to name a legal representation to fight his ca se. A non-
governmental organization brought the issue of sex trafficking and prostitution before the
court in Apne Aap Women World Trust v. The State of Bihar & Othr. The court ruled that
sex trafficking in women and children is the worst form of violence against humanity and that
it is urgent to educate the public about these crimes as well as others against women and girls,
such as prostitution and eve teasing. The Court also decided that help may be taken from
para-legal volunteers for educating the masses and during the investigation of the matter, the
victim must be allowed to utilize the assistance of both criminal attorneys and paralegal
volunteers/legal retainer lawyers to avoid harassment to them. Article 32 provides the right to
constitutional remedies, or the capacity to set the wheels of reality and movement in motion
for the fundamental rights, in addition to guaranteeing that Indians have their fundamental
rights. In addition to Article 32, Chapter 5 of the Constitution, which deals with the High
Courts, also contains Article 226 to accomplish the same goal using the High Courts as a
vehicle. These two foundational Articles of the Indian Constitution are intertwined because
they share a common goal: to protect the rights of all citizens of India, irrespective of their
socioeconomic status, caste, religion, or gender.

The connection between these Instrumental Articles and legal aids is evident when
considering the fact that these rights include the benefit of legal assistance for the poor and
deprived sons of India. The bond deepened when our country's progressive judiciary
acknowledged the critical role that social organizations and civicminded individuals play in
advocating for India's poorest citizens. Through Public Interest Litigation (PIL), or what
[Link] more accurately calls Social Action Litigation, the courts found a solution (SAL). 22
(a) Public interest litigation: The PIL is destined to advance and uphold the public interest,
which requires that violations of a large number of people's legal or constitutional rights who
are underprivileged, illiterate, or in a position of social or economic disadvantage not go
unnoticed and unaddressed. That would be counter to the public interest in a democratic
society, which includes respect for the Rule of Law.

2.3 Directive Principles and Free Legal Aid under Constitution of India

The Directive Principles of State Policy (DPSP) are enshrined in Part IV (Articles 36 to 51)
of the Constitution of India. Borrowed from the Irish Constitution, these principles serve as a
"roadmap" or "instrument of instructions" for the Government of India. The Supreme Court
liberalized „access to justice‟ in view of the clear mandate under Article 38 of the
Constitution. Article 38 imposes a duty on the State, which obviously includes the judiciary,
to usher in a social order in which justice-social, economic and political, must inform all
institutions of national life. So by widening the „access to justice‟, the Court is discharging
its Constitutional duty to promote a just social order. Article 38 needs to be read along with
Article. 14. This directive reaffirms what has been declared in the Preamble of the
Constitution, viz., the function of the Republic State is to secure, inter alia, social, economic
and political justice.
Article 38 envisages not only legal justice but socio-economic justice as well. The Supreme
Court has explained the idea of social justice as follows. 25– “The Constitution commands
justice, liberty, equality and fraternity as supreme values to usher in the egalitarian social,
economic and political democracy. Social justice, equality and dignity of person are
cornerstones of social democracy. The concept of „social justice‟ which the Constitution of
India engrafted consists of diverse principles essential for the orderly growth and
development of personality of every citizen. „Social Justice‟ is thus an integral part of justice
in the generic sense. Justice is the genus, of which social justice is one of its species. Social
justice is a dynamic device to mitigate the sufferings of the poor, weak, dalits, tribals and
deprived sections of the society.”

Article 39-A is added by the Constitution (42nd Amendment) Act, 1976 to ensure equal
justice which has been promised to all citizens by the Preamble and to further guarantee
equality before law enshrined in Article 14, which would have no meaning to the poor so
long as they are unable to pay for their legal admission. 26 The impact of Article 39-A read
with Article 21 has been to reinforce the right of a person to legal aid involved in a criminal
proceeding. The provision has been thus used to interpret (and even expand) the right
conferred by Section 304 of the Code of Criminal Procedure 1973.27 Article 39-A puts stress
upon legal justice. Put simply, the directive requires the state to provide free legal aid to
deserving people so that justice is not denied to any one merely because of economic
disability. Article 39-A has been read with Article 21 and, thus, free legal assistance at state
cost has been raised to the status of a Fundamental Right of a person accused of an offence
which may involve jeopardy to his life or personal liberty. The Court has also ruled that it
would make a mockery of legal aid if it were to be left to a poor, ignorant and illiterate
accused person to ask for free legal aid. Accordingly, the Presiding Judge has been obligated
to inform the accused that he can obtain free legal service at the cost of the state if he is
unable to engage a lawyer because of his indigence. 28 The Supreme Court has ruled that it
cannot issue a writ of mandamus to enforce Article 39-A. Article 39-A makes it clear that the
social objective of equal justice and free legal aid has to be implemented by suitable
legislation or by formulating schemes for free legal aid.

2.4 Provisions of Legal Aid Under Various Lists of the Constitution of India

Adopting the methods followed by the Government of India Act 1935, the Constitution of
India divides the powers between the Union and the States in three Lists –

i. The Union List

ii. The State List and

iii. The Concurrent List

To promote legal aid, the major change brought was taking away Administration of Justice
from the State List to Concurrent List. In Concurrent List item number 11-A was
incorporated. The objective of this incorporation was to enable both the Union and State
Government to work together for the weaker sections of the society and to provide legal aid
for them. This item became relevant to be explored and explained when legal aid explicitly
was not included in the Constitution of India. But to find out legal aid even without any
mention, the Expert Committee report underscored the provisions of the Seventh Schedule to
remind the duty of the governments. The report observed on the item Administration of
Justice – “The view that legal aid falls within the legislative entry relating to Administration
of Justice appears to be based on over-emphasis of the last aspect at the cost of the first two.
What the entry Administration of Justice connotes is the apparatus and machinery for the
enforcement of legal rights and liabilities. Justice, as the pithy saying goes, is giving every
man his due. But Administration of justice is concerned mainly with the nuts and bolts that
put into motion – Justice in the dynamic. Even the entries legal process is not totally covered
by the Administration of Justice. The agency (courts), the men (officers of courts), the mode
(procedure in rent and revenue courts) and money 105 (court fees) required for discharging
this function of the state which is enumerated in the relevant entry ,though illustrative and not
exhaustive bring out this aspect namely, that the entry mainly deals with enforcement.”
Short note

1. Legal Literacy camps as well as Legal Aid and its advantages.

Legal Aid means, providing lawyers to those who are unable to pay fees for the Legal
Services, Legal Aid means not only Legal representation in court cases but also include
legal advice, counselling, arbitration and conciliation, creation of legal awareness about
their rights duties and obligations etc. in the other word to ensure protection of legal and
constitutional rights of the under privileged the poor, the neglected and the indigent, its
objects is to make it impossible for any men, women or child to be denied the equal
protection of laws simply because he or she is poor or indigent person.

Our constitution promises equal justice to all citizens. The promise of equal justice in our
democratic society requires us to dedicate ourselves to the great task of converting that
promise in to reality because millions of our citizens claim redress against injustice in one
form or another. One of the fundamentals of a true democracy that its citizens should be
educated in their legal rights and that they should also be entitled to legal assistance in the
assertion or defence of their rights.

Therefore, the emergence of legal literacy should essentially be seen in the ongoing process
of socialization of laws and legal process Legal literacy implies basic awareness regarding
laws and legal process for common man as an aid to equipping the person for a
meaningful participation in the process of development.

Advantages of Legal Literacy Camps

• Enhance Students’ Learning and Confidence: Legal literacy camps help students develop
skills in public communication, legal research, problem-solving, and ethical leadership. They
also gain practical exposure to real-world legal issues and learn to interact effectively with
the community.

• Empower the Rural Population: These camps provide rural people with essential legal
knowledge and information about available resources. As a result, villagers become aware of
their rights, duties, and legal protections.

• Increase Access to Legal Remedies: Legal literacy camps encourage villagers to take
action on pending legal matters, approach the District Legal Services Authority, and seek
assistance from appropriate legal institutions.

• Strengthen University and Community Linkage: The camps build trust and cooperation
between universities and surrounding villages, promoting collaboration and establishing the
institution as a centre for civic and legal empowerment.

• Recognition by Local Authorities: Such initiatives receive appreciation from local legal
bodies, Bar Association members, and community elders, and may be documented as best
practices under university extension activities.
Advantages 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.

Objects of Legal Literacy Scheme

The objectives of the State Legal Services Authority regarding legal literacy camp are as
follows:-

(i) To formulate guidelines for contents of legal literacy materials.

(ii) To consider the use of visuals in legal literacy materials with a view to supporting or
illustrating the legal concepts or legal processes;

(iii) To undertake preparation of sample materials on legal literacy;

(iv) To review the existing materials on legal literacy;

(v) To organise the Legal Literacy Camps known as "Vidhik Saksharata Shivir" in rural areas
as well as in urban slums;

(vi) To provide the information about all schemes launched by State Government as well as
Central Government and all statutory laws rules etc. to the weaker section of the society
including scheduled tribes, scheduled castes, backward class, agriculturists and labourers,
which are made for protection of their interests.
2. Role of Law students in securing free legal services.

Law students play a crucial role in securing free legal services by acting as a bridge between
the legal system and the common people. Their involvement strengthens access to justice,
especially for weaker and rural sections of society.

1. Legal Awareness and Literacy 📚

 Conduct legal literacy camps in villages, schools, and communities

 Explain basic rights, duties, and available legal remedies

 Educate people about free legal aid schemes and institutions

2. Assisting in Legal Aid Clinics 🏛️

 Work in university legal aid clinics and legal services authorities

 Help in drafting applications, complaints, and notices

 Guide litigants on procedures for obtaining free legal aid

3. Client Interview and Fact Collection 📝

 Interact with needy persons and identify legal issues

 Collect facts, documents, and relevant information

 Prepare preliminary case summaries for advocates

4. Spreading Awareness of Government Schemes 📢

 Inform eligible persons about free legal services available to:

o Women

o Children

o SC/ST communities

o Senior citizens

o Persons with disability

o Economically weaker sections

5. Assisting in Lok Adalats and ADR Programs 🤝

 Help in organizing Lok Adalats and mediation sessions

 Assist parties in understanding settlement procedures

 Promote amicable settlement of disputes

6. Legal Research and Documentation 🔍

  Conduct research on legal issues affecting the community

 Prepare pamphlets, brochures, and awareness materials

 Support lawyers with case law and statutory provisions

7. Para-Legal Volunteer Activities 👥

 Work as Para-Legal Volunteers (PLVs)

 Help people approach legal services institutions

 Facilitate filing of applications for free legal aid

8. Bridging Gap Between Community and Legal System 🌉

 Identify problems faced by marginalized groups

 Connect them with legal aid lawyers and authorities

 Promote access to justice at grassroots level

Conclusion

Law students contribute significantly by creating awareness, assisting legal aid institutions,
and helping disadvantaged persons access justice, thereby strengthening the constitutional
goal of equal justice and free legal aid. ⚖️
3. Provisions of the Code of Criminal Procedure regarding Free Legal Aid to the accuse
persons.

Introduction

Section 304 of the Criminal Procedure Code, 1974 confers the accused the right of legal aid
at the expense of the State in cases triable by court of sessions and appeals. Now Section 341
of Bharatiya Nagarik Suraksha.

Assistance of counsel at the expenses of the state was provided under section 341 BNSS,
2023 Legal aid in criminal cases applies at trial and appeal, Special leave to appeal, to
Prisoners in jail whether under -trial or convicted prisoners, representation by a counsel of his
choice Produced before Magistrate and in period of remand.

The echo of the provisions contained in section 341 BNSS, 2023 now finds place in Art 39-A
of the Constitution which forms a part of Directive Principles of State policy. Court should
administer the provisions of Sec 341 BNSS, 2023 with zeal and interpret the same liberally in
favour of the citizen seeking legal aid. Sec 341 BNSS, 2023 is a right step in the right
directions of providing free and competent legal aid to the accused who are unrepresented.
The ambit of providing legal aid to an accused at the state expense has been enlarged by the
provisions of Sec 341.

Provision

Section 341 (1) of Bhartiya Nagarik Suraksha Sanhita, 2023 States that - Where, in a trial or
appeal before a Court, the accused is not represented by an advocate, and where it appears to
the Court that the accused has not sufficient means to engage an advocate, the Court shall
assign an advocate for his defence at the expense of the State.

Objectives:

• To find out the judicial approach towards free legal aid in India.

Counsel of accused choice at state expense

There is a provision in Sec 340, of BNSS, 2023, Art 22(1) of Constitution of India and Sec
341 of BNSS that accused to be represented by a counsel of his choice.

The Supreme Court has held that the declaration in Art 39- A of the Constitution as regard
legal aid cannot be enforced by the issue of a writ of mandamus to the State.

The Court observed that when an accused is unable to engage a counsel owing to poverty, he
has to make an application under Sec 341(1) of BNSS, 2023 for the grant of legal aid and it is
for the Sessions or Assistant Session Judge to make necessary directions if he is satisfied that
the requirements of Sec 341(1) satisfied, when it appears to the court of sessions that the
accused has no sufficient means to engage a pleader and is unrepresented by a pleader, the
court should assign a pleader for his defence at the expense of the State.
If an Advocate accepts an assignment made by the Court of Session to defend an accused
under section 341 of BNSS, it is mandatory that such pleader should file Vakalatnama, even
though he is assigned by the Court of Session.

Counsel for Accused in Capital Cases

Whenever an accused is tried for an offence punishable with capital sentence, he must not
remain undefended. No person shall be allowed to lose life in an established court of law
under any civilized system without affording an opportunity of defence.

Provision is invariably made under the rules applicable for his defence at State expense. In
such a case it is the duty of the session Judge to see that a lawyer is so appointed. Failure to
appoint lawyer would result in vitiating the trial.

The accused may not be aware of such rights and may not request the appointment of a
lawyer. Legal aid provided to an indigent accused would be of little value if competent
counsel is not selected for the defence. Therefore, Sessions Judges must ensure that
inexperienced or junior advocates are not appointed to defend an accused in capital cases.

In Annu Pujary v. State of Karnataka (1984) - The Court held that advocates to be
represented by accused must be experienced and skilled. A duty is cast upon the session
Judge while selecting and appointing legal practitioners as standing counsel (duty counsel), to
appoint legal practitioners of real and marked ability and of sufficient experience to defend an
accused in a trial before the court of sessions.

This is not mere formality for the sake of complying with provisions of Sec 304 of the Code
but one of the real substance and genuine assistance for an accused who is not in a position to
defend himself by engaging a suitable lawyer of his choice in serious offences tribal by the
session court.

An application for legal aid in such a case cannot be rejected on the ground that the accused
initially had managed to engage a counsel.

In State of Haryana v. Ram Divya (1990), is a criminal appeal wherein the counsel has been
appointed by the court for the accused was not present at the time of hearing and the appeal
was disposed of without hearing. In this case it was held that the case must be remanded for
fresh hearing.

In Tyron Nazardth v. State of Maharashtra (1989), The accused pleaded guilty for charge
of possessing brown sugar and he was convicted without appointing a counsel for him under
the legal aid scheme. It was held that the trial not vitiated as the trial judge was satisfied
about the plea of the accused being voluntary, genuine and true.

Legal Aid in Appeal Cases

There was no any specific provision in the code for giving legal aid to indigent accused
person in appeal proceedings. The Supreme Court expanded the provision of appointment of
counsel in appeal cases as it is essential component of reasonable, fair and Indigent accused
person, be he the respondent or the appellant, if he is unable to engage one due to his poverty
or indigent. The Supreme Court in M.H. Hoskot v. State of Maharashtra, held that the right
of appeal is implicit in Article 21 of the Constitution and in the Code.
4. Judicial Approach in providing Free Legal Aid to the accused persons.

Case No. 1: Madhav Hayawadanrao Hoskot v. State of Maharashtra

Facts 🧾

 The petitioner was convicted by the Sessions Court for attempting to issue counterfeit
university degrees.

 The Sessions Court sentenced him to simple imprisonment till the rising of the court
(lenient punishment).

 The State filed an appeal, and the High Court enhanced the sentence to three years'
imprisonment in 1973.

 The petitioner filed a Special Leave Petition after about four years, claiming he
received the copy of the judgment only in 1978.

 Though a free copy had been sent to jail authorities, the petitioner claimed he never
received it and thus could not file an appeal in time.

Issue

Whether failure to provide the prisoner with a copy of the judgment and legal assistance
violates Article 21, and

whether the prisoner has a right to free legal aid and effective opportunity to appeal.

Judgment

 The Supreme Court held that fair procedure under Article 21 includes the right to
appeal and the right to legal assistance.

 The State has a duty, not charity, to provide free legal services to indigent prisoners.

 If a prisoner cannot effectively exercise the right of appeal due to lack of legal
assistance, the court may appoint counsel under Articles 21, 39-A, and 142.

 The Court emphasized that providing a copy of the judgment and legal aid is
necessary to make the right of appeal meaningful.

 The Special Leave Petition was dismissed, but the Court laid down guidelines
ensuring free copies of judgments, prompt delivery to prisoners, assistance in filing
appeals, and appointment of counsel at State expense.

Case 2 : In Sheela Barse V State of Maharashtra (AIR 1983 SC 378) a journalist

complained of custodial violence to women prisoners whilst confined in the police lock-up in
the city of Bombay through a letter addressed to the Supreme Court. The Court treated the
letter as a writ petition.

The Supreme Court held that legal aid should be provided to a poor or indigent accused
whose life and personal liberty is in peril. It is the duty of the State to provide legal assistance
to the poor and indigent accused (male and female) whether they are under-trial or convicted
persons.

Other Court Observation

In Sunil Katri v. State of Bihar (AIR 1981 SC 928) The Supreme Court held that the right
to free legal services is an essential ingredient of reasonable, fair and just procedure for a
person accused of an offence and it is implicit in the guarantee of Article 21.

In Kadra Pabadiya and others v. State of Bihar (AIR 1981 SCC 939) the Supreme Court
held that an under-trial prisoner should be provided with a fairly competent Lawyer at state
Expense. The state should provide legal assistance to the poor and indigent accused (male and
female) whether they are under-trial or convicts.

In Gopalachari v. State of Kerala (1981 AIR 674) the right to legal aid was extended even
to proceeding under section 110-crpc i.e. Security for good behaviour from habitual
offenders.

The apex court in [Link] v. State of West Bengal (1997 Cr. L.J. 743 SC) held that
indigent litigant may be permitted to meet his lawyer during interrogation though not
throughout the interrogation.

In Kishorechand v. State of Himachal Pradesh(1990 Cr. L.J. 2289 (SC)) the apex Court
has observed: “Though Art 39-A of the Constitution provides fundamental right to equal
justice and free legal aid and though the state provide amicus curiae to defend the indigent
accused, he would be meted out with unequal defence if, as is common Knowledge, the
youngster from the bar, who has either a little experience or no experience or is assigned to
defend him. It is high time that senior counsel practicing in the court concerned, volunteer to
defend such indigent accused as a part of their professional duty.
5. Pre-Litigation conciliation and settlement provisions.

Chapter VI A of the Legal Services Authorities Act provides for Pre-Litigation Conciliation
and Settlement through Permanent Lok Adalats to resolve disputes relating to public
utility services before approaching courts.

Under Section 22A, “Permanent Lok Adalat” means a body established under Section 22B,
and “public utility service” includes-

- transport,
- postal,
- telephone,
- electricity,
- water supply,
- sanitation,
- hospital,
- insurance services and
- any other service notified by the government.

Section 22B provides for the establishment of Permanent Lok Adalats by the Central or
State Legal Services Authorities. Each Permanent Lok Adalat consists of –

- a Chairman (who is or has been a District Judge or higher judicial officer)

and
- two members having experience in public utility services.

Under Section 22C,

- any party may apply to Permanent Lok Adalat before filing a case in
court for settlement of disputes relating to public utility services.
- It has no jurisdiction in non-compoundable offences or disputes exceeding the
monetary limit of 10 Lakhs.
- The Permanent Lok Adalat first conducts conciliation proceedings to help
parties reach an amicable settlement.
- If settlement is reached, it passes an award based on settlement.
- If parties fail to settle, the Permanent Lok Adalat may decide the dispute on
merits, which is a special feature.

Section 22D states that Permanent Lok Adalat shall follow

- principles of natural justice,

- objectivity,
- fair play,
- equity and
- other principles of justice, and

shall not be bound by the Code of Civil Procedure, 1908 and the Indian Evidence Act, 1872.

Section 22E provides that the award of Permanent Lok Adalat is –

 - final and binding,
- deemed to be a decree of a civil court, and
- executable accordingly.

The award cannot be challenged in regular proceedings.

Thus, Permanent Lok Adalats provide speedy, inexpensive and pre-litigation dispute
resolution in matters relating to public utility services.
6. Huissainara Khatoon V/s State of Bihar (AIR 1979 SC 1377)

Important section: Article 21 and Article 39(a) of the Constitution of India, 1950.

Background

A well- known landmark judgement case which gave wider interpretation of Article 21 and
held that speedy trial is that the fundamental right of every citizen. This landmark case
emphasized upon speedy trial and free legal aid for the effective administration of justice and
equality among the citizens. Article 21 of the Indian Constitution states that "no person shall
be bereft of his life and personal liberty except according to the procedure established by
law". within the absence of speedy trial, justice can't be administered.

Facts Of the Case

A writ petition habeas corpus was filed before the court under Article 32 of the Indian
Constitution. This writ petition was also filed before the court. because it was for the release
of 17 under trial prisoners. It depicted a sorrowful picture of the administration of justice
within the state of Bihar. an outsized number of persons which even included mainly the
categories like women, children, and other deprived categories of poor section and that they
all were locked behind the bars and were seeking for the trial as well as their release. Thus,
the State of Bihar was advised to file a revised chart which was focused in clearly mentions
the year- wise break- from the under- trial prisoners after segregating the prisoners into two
categories that is ones charged with minor offences and others who have been charged with
major offences, but although this direction was not carried by the state. The petition
acknowledged that the under- trial prisoners who have done minor offences as they were
imprisoned for quite 10 years. Those people were considered to the poorest strata who
weren't even able to afford an advocate and also, they were refused to grant bail.

Issue Raised

1. Whether the supply of free legal aid be enforced by law?

2. Whether right to speedy trial come within the ambit of Article 21?

3. what's the essence of speedy trial under criminal justice?

Provisions

 Article 21, of the Indian Constitution

 Article 39A, of the Indian Constitution

Contentions of Counsels of Both the Parties

In the counter- affidavit the respondents submitted that many under trial prisoners, petitioners
etc. herein confined within the Patna Central Jail, Muzaffarpur Central Jail and Ranchi
Central Jail as they need been produced before the Magistrate and were given judicial
custody again and again. However, the honourable court didn't find this averment to be true
on the respondents who were not able to produce or present those dates on which these under-
trial prisoners who were made to be remanded. To justify the increasing number of pending
cases, many arguments and counter questions were raised before the honourable court.
Respondents contended that it mainly occurred due to the happening of delay in receipt of
opinions from the experts. There occurs delay in receipt of opinions from the experts. The
court rejected this contention because State can always introduce and amend new and best
alternative methods for the effective administration of justice. the opposite reason of their
contention was their poverty, due to that they could not even seek for their bail, just like the
rich men in the society. However, the honourable court rejected the contentions on the
grounds that State can employ alternative methods for the identical.

Judgement

The court observed the above case and also directed that the under -trial prisoners whose
name and particulars were filed by Mrs. Hingorani should be released. it had been because
imprisonment like false imprisonment were considered to be an illegal and also violative of
their Fundamental Rights enshrined under Article 21 of the Indian Constitution. The court
also mandated that in the time of charging bailable offences, they need to be produced before
the Magistrate on remand dates. The government ought to name a legal advisor at their own
expenses for making an application for bail. a quick trial is much required for securing
justice. The court also ordered both the government as well as High Court to display the
particulars regarding the location of the courts of magistrate and court of sessions in the State
of Bihar along with the cases pending in each court on 31st December, 1978. They were also
asked to state the rationale of pendency of cases. On next remand dates the under- trial
prisoners should be produced before the court in order that the state government must ought
to designate a lawyer of its own expense. The state cannot avoid its constitutional obligation
to supply speedy trial to the accused by the way of pleading. Free legal service to the poor
and therefore the needy people is an essential elementary factor of legal aid. Another
direction by the honorable court was to supply the under- trial prisoners charged with bailable
offences, free legal aid by the state, on their next remanded dates before the Magistrates. The
court further observed that detaining them for any long would be illegal and is clearly against
the elemental rights under Article 21 as these prisoners are behind the bars. Although
nowadays human rights are being demanded for everyone in this world but are these under-
trial prisoners not to be protected from such harm or even torture, in fact they too are human
rights hence their rights must not be denied. Equal access to justice must be central point
which has to be given due recognition.

Rationale Behind the Judgement

As per Article 21 of the Indian Constitution states that "no person shall be bereft of his life or
liberty except in accordance with the procedure established by law which ought to be
reasonable, fair and just". Here the State cannot deny the constitutional rights even all the
humans do have their own human rights to be preserved. Article 39A may be a constitutional
directive that stress upon free legal service. it's depicted as an inalienable element regarding
reasonable, just and fair procedure. within the absence of, it'll result in denial of justice
among the poor sections of the society.

The court realized the plight of under- trial prisoners whose denial of rights. Court gave stress
upon unable to interact a lawyer and disregarding human rights were the main issues which
have focused and also to be solved. The court realized the denial and disregarding nature of
private liberty. The court also found that the under - trial prisoners of whose list which was
filed before the court, they need been in jail for a longer period. Even the period of time was
too long enough than the prescribed time range that they could have been sentenced to jail if
convicted.

The court recommend the State also as Central Government, by directing them to list out the
entire number of cases, location of courts of magistrates and courts of session. Mainly the
Articles include Article 14, Article 39A and Article 21. Honorable Supreme Court of India
held that the State cannot deny the constitutional right of speedy trial and equal access to
justice shouldn't be denied on any grounds. This, case motivated various lawyers to boost
their voice against the denial of rights which are fundamental in nature.

Case Analysis

As per Article 21 speedy trial is taken into account as fundamental right and basic right.
although the Article 3 of European Convention on Human Rights also provides that a person
arrested and detained shall be entitled to a trial within a reasonable period. Speedy trial is
constitutionally guaranteed right when it involves United States also. Just locking them
behind the bar wouldn't serve justice. during this current scenario human rights have to be
given primarily importance. But the rights available to prisoners are denied, it must even be
ensured at right time. By the way of amendment procedures and also mentioning of an
effective judiciary, justice is often served at the utmost level.

Conclusion

Justice served for several under- trial prisoners and who were released after this judgement.
Even the importance of Public Interest Litigation (PIL) was also highlighted and got priority.
Lawyers, scholars and other legal authorities expanded the scope of PIL. Voices were raised
against the deprived categories of the society. it's very much possible that these prisoners may
be acquitted or be imprisoned for a lesser time period but all this is only possible if they are
subjected to free legal aid. Just locking them behind the bars would no serve any justice to
them. These prisoners too are humans and now the govt as well as judiciary should realize
and recognize their rights. Hence the petitions served their purposes and stand disposed of
leaving the further implementations to the supreme court.