INTRODUCTION
India is a mixed economy with emphasis on both aspects - Growth and Development of Country and Social Welfare. All the policies for the growth of economy are framed keeping in mind the aspect of welfare of the people. Hence, it is said that India is a welfare state with the primary objective of working on the path of welfare of the society. There is no doubt in this because the concept of Social Welfare is taken into consideration while taking any strategic decision. And a lot of provisions have been provided in the constitution of India in the interest of society. Unequal Distribution of Income is one of the major issues that the legislation tries to eliminate through different schemes and provisions. One such attempt was the introduction of the concept of Legal Aid in India. This concept aims to ensure justice by providing opportunities to the poor and incapable persons for enforcing their rights provided by Law. Besides that, it aims to achieve the objective of Constitutional Provisions of Equality before Law and Rule of Law.
WHAT IS LEGAL AID ?
Legal Aid is a provision of providing assistance to the people who are unable to afford and enforce the rights in any judicial proceedings before the Courts, Tribunals or any such authorities.
By providing assistance to the incapable persons in the form of free Legal Services, Legal Aid aims to ensure justice through providing opportunities to people for legal representation and access to the courts.
The Mini Constitution of India i.e. 42nd Constitutional Amendment Act, 1976 incorporated a new provision inserting Article 39 (A) in the constitution. This new article introduced the concept of Legal Aid in the form of free legal services and hence provided a place to the concept of equal justice in our Constitution.
Article 39 A was inserted under Part IV -Directive Principles of State Policy of the Constitution. It brought a drawback also. DPSPs cannot be enforced in the courts like that of Fundamental Rights. Hence, a separate act named Legal Services Authorities Act, 1978 was passed by the Parliament providing provisions for formation of Legal Service Authorities from higher to root level to provide Legal Aid.
Historical Background
1952 - The government of India took the initiative to address the question of Legal aid for poor and indigenous in various Ministerial Law conference and commissions.
1960 - Guidelines were issued by the Government of India for the schemes and provisions relating to Legal Aid.
1980 - A National Committee named CILAS (Committee for Implementing Legal Aid Schemes) was constituted under the Chairmanship of Honourable Justice P.N. Bhagwati (then a judge of Supreme Court of India) to supervise and monitor the Legal aid programmes throughout the country.
1987 - This year holds a major significance in the history of Legal Aid because of the enactment of Legal services Authorities Act in this year that provided a statutory base to the Legal Aid programmes throughout the country.
1995 - The act enacted in 1987 was finally enforced in the country on 9 November, 1995 bringing a uniform pattern. Honourable Justice R.N. Mishra (the then CJI) played a significant role in the enforcement of this act.
■ Every year, National Legal services Day is celebrated throughout the country on 9th November to spread awareness among the people for ensuring justice and fair procedure for seeking justice for all the citizens.
CONSTITUTIONAL VALIDITY
• Article 39A - Article 39A of the Constitution states that it is the obligation of the state to ensure that Legal system provides justice based on equal opportunities for all the citizens of the country. It further mentions to provide free legal aid to the individuals who are unable to get justice on their own because of their financial and other disabilities.
• Article 14 - This article ensures Equality before Law stating all the citizens are equal in eyes of Law. And the concept of Legal Aid aims to remove inequality between various sections providing equal opportunity to all to have legal representation and access to the court irrespective of their situation.
• Article 21 - Article 21 provides Fundamental Rights to the people like Right to life and liberty. And the provisions of the Legal Aid prove to be an essential part of these rights.
• Order 33 rule 17 of CPC (Civil Procedure Code, 1908) - It states that if any poor or indigenous person is unable to avail the Legal Services, then the Court shall exempt that person from paying Court Fees.
• Section 304 of CrPC (Criminal Procedure Code, 1973) - It is mentioned in this section that if an accused is unable to procure a legal advisor, then Court must provide one to represent the accused on the bearing of the state.