LEGAL AID - IN LIGHT OF THE INDIAN CONSTITUTION

 

LEGAL AID

 

The word ‘Legal Aid’ means free assistance to the poor who cannot afford to fight legal battles or contest even petty cases. They should be given free legal assistance so that they can exercise their rights given to them by law.

 

Article 38(1) of the Constitution of India states that the State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life. Article 39-A 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.

 

For the purpose of providing free legal services to the poor and the weaker section of society and to ensure that opportunities for securing justice are not deveined to any citizen by reason of economic or other disabilities, The Legal Service Authority Act, 1987, was enacted to constitute statutory legal services Authorities at the National, State and District level with a view to secure that the operation of legal system promotes justice on the basis of equal opportunity.

 

The Supreme Court has declared that the right to free legal aid and assistance is related to the right to life and liberty under Article – 21 of the Constitution o India. It is obligatory on the part of a Magistrate or Judge to provide a defense counsel to the indigent accused in accordance with the spirit of Article – 21 of the Constitution.

 

Social justice is one of our Constitutional objectives and to secure it for the poor it is important that the effort is not just confined to the exempted of court fees or process fee, or legal assistance in court. The poor people should be guaranteed legal assistance free of cost. To popularize the legal aid programs and schemes among the poor, the state should encourage the senior students of law colleges in the country and voluntary social organizations to take part actively in legal aid programS and schemes so that the maximum number of poor men and women may get the benefit of justice.