Introduction
It was rightly said by Justice Blackmun that “The concept of seeking justice cannot be
equated with the value of dollars. Money plays no role in seeking justice.” The road to
justice has never been a cheap one. One has to pay a hefty amount at each step while
seeking justice in courts.#Article 14#of the#Constitution of India#states that every person
shall be treated equally before the law, and ensures equal protection of the law, to
everyone irrespective of religion, caste, race, sex, or place of birth. Also,#Article
22(1)#states that whoever being arrested cannot be denied the right to consult and to be
defended by a legal practitioner of his/her choice, and there is a basic principle of law
that should be followed, that is,#Audi Alteram Partem, that no party shall be left unheard.
Even after justice is a fundamental right, the poor people have to suffer a lot due to the
inability to afford the expensive legal system and have to settle for the injustice many
times.#
Constitutional Provisions for Legal Aid: in detail with proper sections and articles
The Constitution of India recognizes the importance of ensuring equal access to
justice for all citizens, including those who may not have the financial resources to
pursue their legal rights. There are several provisions in the Constitution that
guarantee the right to legal aid and ensure that access to justice is available to all,
regardless of economic status. Here are some of the key provisions:
1. Article 14 - Right to Equality: This article provides that the State shall not
deny to any person equality before the law or the equal protection of the laws
within the territory of India. This means that all individuals are entitled to
equal treatment under the law, regardless of their economic status.
2. Article 21 - Right to Life and Personal Liberty: This article guarantees the right
to life and personal liberty to all citizens. The Supreme Court has held that
this includes the right to legal aid, as a person cannot be deprived of their
liberty without due process of law.
3. Article 22(1) - Protection against Arrest and Detention: This article provides
that no person who is arrested shall be detained in custody without being
informed, as soon as may be, of the grounds for such arrest nor shall he be
denied the right to consult and to be defended by a legal practitioner of his
choice.
4. Article 39A - Equal Justice and Free Legal Aid: This article was inserted by the
42nd Amendment to the Constitution in 1976. It provides 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 to ensure that
opportunities for securing justice are not denied to any citizen by reason of
economic or other disabilities.
5. Article 50 - Separation of Judiciary from Executive: This article provides for the
separation of the judiciary from the executive in the State. This ensures that
the judiciary remains independent and impartial in dispensing justice.
Apart from the provisions in the Constitution, the government has also enacted
several laws and policies to ensure access to legal aid for all. The Legal Services
Authorities Act, 1987 is one such law that provides for the establishment of legal
services authorities at the national, state, and district levels to provide free legal
services to the weaker sections of society. The Act also provides for the setting up of
legal aid clinics and the appointment of legal aid lawyers to provide legal assistance
to the needy.
