Free Legal Aid: A Legal Service | Law Optional Notes for UPSC PDF Download

Introduction

Justice Blackmun aptly remarked that the pursuit of justice cannot be equated with monetary value, emphasizing that money should not influence the quest for justice. However, the path to justice is often expensive, requiring substantial financial resources at each stage of legal proceedings. Article 14 of the Indian Constitution ensures that every individual is treated equally before the law and is entitled to equal protection under the law, irrespective of factors such as religion, caste, race, gender, or place of birth. Additionally, Article 22(1) guarantees the right of an arrested person to consult and be defended by a legal practitioner of their choice. The fundamental principle of Audi Alteram Partem, ensuring that no party is left unheard, is integral to the legal process. Despite justice being a fundamental right, financially disadvantaged individuals often endure hardships in navigating the costly legal system and may sometimes settle for injustice.

Legal Aid serves as a crucial lifeline for impoverished individuals who cannot afford the expenses associated with legal proceedings. It encompasses the provision of free legal assistance to those in need, whether in judicial proceedings, administrative matters, quasi-judicial processes, or consultations concerning legal issues. Legal Aid, as explained by Justice P.N. Bhagwati, aims to facilitate easy access to the justice system for marginalized and illiterate individuals, ensuring that ignorance and poverty do not hinder their pursuit of justice. Its primary objective is to deliver equal justice to the underprivileged and marginalized sections of society. This encompasses not only free legal representation in court but also extends to services such as legal awareness campaigns, legal advice, public interest litigation, legal mobilization, Lok Adalats (people's courts), law reforms, and various other initiatives aimed at preventing injustice.

Historical Background

• Following India's independence, several states introduced legal aid programs to assist the needy. In 1958, the 14th Law Commission Report underscored the importance of providing equal justice and free legal aid to the underprivileged. Kerala was the first state to institute a legal aid policy known as Kerala Legal Aid for the poor, with Tamil Nadu and Maharashtra implementing similar schemes. In 1971, Justice P.N. Bhagwati chaired a committee that emphasized the role of judges in ensuring justice for all and the functioning of various legal aid committees, including Taluka Legal Aid Committees, District Legal Aid Committees, and State Legal Aid Committees. 
• In 1973, the Expert Committee on Legal Aid, chaired by Justice V.R. Krishna Iyer, published a report titled "Processual Justice to the Poor," advocating for a statutory basis for legal aid, the establishment of legal aid clinics in law schools, the promotion of Public Interest Litigation (PIL), and other measures to enhance the accessibility of legal aid services. In 1977, a joint report submitted by Justice P.N. Bhagwati and Justice Krishna Iyer, titled "National Juridicare Equal Justice and Social Justice," examined the functioning of legal aid programs, recognized the pivotal role of lawyers in seeking remedies and justice, and proposed the establishment of the National Legal Service Authority (NALSA).
• In 1976, recognizing the need for free legal aid, the 42nd Constitutional Amendment introduced Article 39A under the Directive Principles of State Policy (DPSP), emphasizing "Equal Justice and Free Legal Aid." It mandated that the state ensure equal opportunities for justice and provide free legal aid to those in need to eliminate economic and other barriers preventing access to justice. In 1980, the Committee for Implementation of Legal Aid Scheme (CILAS), chaired by Justice P.N. Bhagwati, oversaw and supervised legal aid activities across the country and introduced Lok Adalats as an effective mechanism for amicable dispute resolution.

Role of the Judiciary

The Indian judiciary has consistently supported and championed the cause of free legal aid. Eminent jurists like Justice P.N. Bhagwati and Justice Krishna Iyer have played pivotal roles in the legal aid movement, emphasizing its significance in India.
Several judicial decisions have effectively promoted the legal aid program:

• Hussainara Khatoon v. Home Secretary, State of Bihar: This case exposed the dire state of the justice delivery system in Bihar, where numerous undertrials languished in jails, and accused individuals were wrongfully convicted due to their inability to hire legal representation. Justice P.N. Bhagwati ruled that the right to free legal service is an essential component of a "reasonable, fair, and just" procedure for those accused of offenses, as guaranteed by Article 39A and implicit in Article 21.
• State of Haryana v. Darshana Devi: In this case, Justice Krishna Iyer held that no impoverished individual should be denied access to the justice system merely because of court fees. He extended the provisions of Order XXXIII of the Civil Procedure Code to Accident Claims Tribunals, ensuring access to justice for all.
• Khatri v. State of Bihar: Justice P.N. Bhagwati mandated that Session Judges inform accused individuals of their right to free legal aid in cases of poverty or indigence.
• Sheela Barse v. Union of India: The court affirmed that a person's fundamental right to a speedy trial is implicit in Article 21 of the Indian Constitution.
• Suk Das v. Union Territory of Arunachal Pradesh: Justice P.N. Bhagwati emphasized the need to promote legal literacy and awareness among India's vast illiterate population, considering it an essential aspect of legal aid.

Other Statutes

Section 304 of the Code of Criminal Procedure, 1973

Section 304 of the Code of Criminal Procedure, 1973 stipulates that in a trial before the Court of Session, if the accused cannot afford to engage a lawyer and the court believes that the accused is unable to do so, it becomes the duty of the court to appoint an advocate or pleader to defend the accused. The expenses for this legal representation are covered by the State.

Rule 9A of the Civil Procedure Code, 1908

Rule 9A, found in Order XXXIII of the Civil Procedure Code (CPC) of 1908, grants the court the authority to assign a lawyer to an indigent person and exempt them from paying court fees.

Legal Services Authorities Act, 1987

• The Legal Services Authorities Act, 1987, marked a significant development in the legal aid movement in India. It came into full effect in 1995 after undergoing final amendments. Justice R.N. Mishra played a pivotal role in implementing this Act, and in 1988, Justice A.S. Anand assumed the position of Executive Chairman of the National Legal Services Authority (NALSA).
• The Act had two primary objectives: 
  (i) to provide free legal services to the economically disadvantaged and weaker sections of society, ensuring that no citizen is deprived of justice due to economic or other disabilities, and
  (ii) to promote equal justice delivery through the organization of Lok Adalats (people's courts).
• Section 12 of this Act specifies the categories of people entitled to free legal aid. It also establishes an institutional framework at the national, state, district, and taluka levels, including the National Legal Services Authority, State Legal Services Authority, District Legal Services Authority, and Taluka Legal Services Authority.

National Legal Services Authority (NALSA)

NALSA serves as the apex body, with the Chief Justice of India as its Patron-in-Chief and a retired Supreme Court judge as its Executive Chairman, appointed by the President. NALSA formulates policies and principles, designs cost-effective legal aid schemes, conducts legal aid camps, encourages dispute resolution through Lok Adalats, promotes legal research, and facilitates legal literacy and paralegal training. It oversees the activities of State Legal Service Authorities and collaborates with non-governmental organizations to implement legal aid programs.

State Legal Services Authorities

Each state government is mandated to establish a State Legal Services Authority, with the Chief Justice of the High Court as its Patron-in-Chief and a sitting or retired High Court judge as its Executive Chairman, appointed by the Governor. These authorities implement policies and strategies established by NALSA and supervise legal services activities within their respective states, including Lok Adalats and legal aid programs.

District Legal Services Authorities

The Act also requires the formation of District Legal Services Authorities in each district, with the District Judge as its Chairman. These authorities perform functions and adhere to rules laid down by the State Legal Services Authority. They oversee the functioning of Taluka Legal Services Committees and organize Lok Adalats.

Taluk Legal Services Committees

Taluka Legal Services Committees, formed under the supervision of the State Legal Services Authority, are chaired by the senior-most Judicial Officer. They coordinate and oversee legal services activities within the taluka and also facilitate Lok Adalats.

Section 3A of the Legal Services Authority Act

Section 3A establishes the Supreme Court Legal Services Committee, tasked with providing legal aid, assistance, and justice to the economically disadvantaged and weaker sections of society. This committee also organizes Lok Adalats within the Supreme Court and operates a Supreme Court Mediation Centre.

Section 8A of the Legal Services Authority Act

Section 8A mandates the establishment of High Court Legal Services Authorities under the State Legal Services Authority.

Lok Adalats

Lok Adalats serve as an alternative dispute resolution mechanism with the primary objective of reducing the burden on traditional courts and ensuring the swift and cost-effective disposal of cases. Chapter VI of the Legal Services Authority Act, 1987, outlines the provisions related to the powers of Lok Adalats. These forums offer various advantages, including the absence of court fees, amicable dispute resolution, expedited case resolution, and the flexibility for parties to reach compromises or settlements.

Challenges and Problems

Despite the presence of numerous legal frameworks, committees, and authorities, there remains a significant gap in the legal aid system that demands attention. Even today, many individuals are compelled to accept injustice due to their inability to afford legal representation.
Various challenges and issues hinder the effective implementation of legal aid services:

• Lack of Public Legal Education and Legal Awareness: The primary beneficiaries of legal aid services are often people who lack formal education and legal awareness. They generally lack awareness of their fundamental rights and legal entitlements. Consequently, many individuals are unfamiliar with concepts like Lok Adalats and Legal Aid, which impedes the success of the legal aid movement.
• Limited Support from Advocates and Lawyers: Many lawyers and advocates seek appropriate fees for their services and may not be inclined to participate in social service initiatives. While some legal professionals contribute to such services, the overall scarcity of high-quality legal representation hampers the delivery of justice.
• Restricted Powers of Lok Adalats: Lok Adalats possess limited powers compared to civil courts. They often lack proper procedures and cannot compel parties to participate in proceedings. Non-appearance of one of the parties can lead to delays in case resolution.
• Underutilization of Para-Legal Volunteers: Para-legal volunteers play a vital role in promoting legal aid programs and reaching out to marginalized communities. However, they often lack adequate training, monitoring, and verification. Additionally, their numbers are insufficient relative to the population.

Solutions and Recommendations

To address these challenges and enhance the legal aid system, several solutions and recommendations can be considered:

• Role of Non-Governmental Organizations (NGOs): Increase the involvement of NGOs in creating awareness about people's rights and improving access to justice. NGOs can play a pivotal role in educating and empowering marginalized communities.
• Legal Aid Programs and Legal Awareness: Organize legal aid camps and Lok Adalats on a larger scale to raise awareness about people's rights and the availability of free legal aid programs. Establish entitlement centers in underserved areas to inform people about their rights and encourage them to access free legal services through methods like Alternative Dispute Resolution and Lok Adalats.
• Legal Literacy Mission: Introduce long-term legal literacy missions or plans, similar to those in developed countries, aimed at educating people about their rights and laws over a span of several years.
• Improved Compensation for Lawyers: Offer better compensation to lawyers who provide free legal services. Increasing remuneration may motivate more lawyers to participate in legal aid initiatives.
• Feedback Mechanism: Implement a feedback approach to monitor the performance of legal counsel. Collect feedback from clients and beneficiaries to assess the quality of legal representation. Establish a monitoring committee to oversee these processes.

Conclusion

In the words of Reginald Heber Smith in his book 'Justice and the Poor,' "Without equal access to the law, the system not only robs the poor of their only protection, but it places in the hands of their oppressors the most powerful and ruthless weapon ever invented."
To ensure the success of the legal aid movement in India, the government must take proactive steps to raise awareness and educate the public about their fundamental rights. The primary objective should be to provide "equal justice to all." The effective implementation of the Legal Services Authority Act requires addressing the critical issues of awareness and legal education among the population. Education and awareness will lead to the optimal utilization of free legal aid services and prevent the exploitation and deprivation of rights among vulnerable individuals. Proper management and monitoring of legal aid services are essential components of achieving these goals.