Legal Aid is a fundamental right under the Constitution of India, enshrined in Article 39A of the Directive Principles of State Policy. The article states that the state shall ensure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall, in particular, provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
The right to legal aid has been further elaborated and strengthened by various judicial pronouncements. The Supreme Court of India has held that the right to legal aid is an essential element of the right to a fair trial under Article 21 of the Constitution, which guarantees the right to life and personal liberty.
The Legal Services Authorities Act, 1987 was enacted to give effect to the constitutional right to legal aid. The Act provides for the constitution of Legal Services Authorities at the national, state, and district levels, to provide free legal services to the eligible persons.
The Act defines ‘eligible persons’ as those who are unable to afford the services of a lawyer for the proceedings in a court, tribunal, or authority. The Act further provides for the establishment of Lok Adalats, which provide an alternative mechanism for the resolution of disputes.
Under the Act, legal aid can be provided through legal aid clinics, legal aid cells, or through other institutions. The Act also provides for the appointment of legal aid lawyers, who are required to provide legal services to the eligible persons.
In summary, the Constitution of India and the Legal Services Authorities Act ensure that the right to legal aid is an integral part of the right to a fair trial, and that access to justice is available to all, irrespective of their economic or other disabilities.
