Legal Aid implies giving free legal service to the poor and needy who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any court, tribunal or before an authority. The concept of legal aid in the form of Article 39A into our constitutional framework. Hence, legal aid is not a charity or bounty but is a constitutional obligation of the state and right of the citizens.

The problems of human law and justice, guided by the constitutional goals to the solution of disparities, agonies, despairs, and handicaps of the weaker, yet larger brackets of Bharat's humanity is the prime object of the dogma of "equal justice for all". Thus, legal aid strives to ensure that the constitutional pledge is fulfilled in its letter and spirit and equal justice is made available to the downtrodden and weaker sections of the society. It is the duty of the State to see that the legal system promotes justice on the basis of equal opportunity for all its citizens.

It must therefore arrange to provide free legal aid to those who cannot access justice due to economic and other disabilities. Justice Krishna Iyer regards it as a catalyst which would enable the aggrieved masses to reassert state responsibility, whereas Justice P.N. Bhagwati simply calls it "equal justice in action". But, again the constitution not being a mystic parchment but a Pragmatic package of mandates, we have to decode its articles in the context of Indian life's tearful realities, and it is here when the judiciary has to take center stage.

Time and again it has been reiterated by our courts that legal aid may be treated as a part of right created under Article 21 and also under Article 14 and Article 22(1)[Hussainara v. Home Secretary, State of Bihar[1]. Also Khatri v. State of Bihar [2], Suk Das v. Union Territory of Arunachal Pradesh,[3] Kishore v. State of Himanchal Pradesh[4]. The apex court has held access to justice as a human right.[ Tashi Delek Gaming Solutions v. State of Karnatka,[5] thus, imparting life and meaning.[6]

History Of Legal Aid:

• The idea of assisting people with disabilities in the legal system originated in Britain and was influenced by worldwide advancements and societal awareness.
• In British India, codification began with the Charter Act of 1833 and the establishment of the Institute of Law Commission in 1834. The Criminal Procedure Code of 1878 granted the accused the right to be represented by a pleader at their own expense (sec. 340).
• According to the High Court's Criminal Rules of Practice, legal aid was provided at the state's expense to impoverished and indigent defendants facing capital penalty.
• In the civil justice system, Order XXXIII of the Code of Civil Procedure of 1908 allows for free legal help in pauper actions. A person is considered a pauper if they cannot afford the legal bills for the suit.
• In 1924, a legal aid group was established in Bombay by charitable lawyers who wanted to provide free legal services to the people.

The social consciousness and demand for legal aid in India received a boost when in 1944, a Committee, under the Chairmanship of Lord Rushcliffe, was appointed to enquire what facilities at that time existed in England and wales for giving legal advice and assistance to the poor persons and to make such recommendations, as appeared to be desirable, for the purpose of securing that poor persons in need of legal advice may have such facilities at their disposal and also for modifying and improving, so far as seems expedient, the existing system whereby legal aid is made available to poor persons in the conduct of litigation in which they are concerned, whether in civil and criminal courts.

The Rushcliffe Committee submitted its report in 1945, the main recommendations made therein may be reproduced below:

1. Legal aid should be available in all the courts and in such manner as will enable persons in need to have access to the professional help they require.
2. This provision should not be limited to those who are normally classed as poor but include a wider income group.
3. The cost of the scheme should be borne by the state, but the scheme should not be administered either as a department of state or by local authorities.
4. Those who cannot afford to pay anything for legal aid should receive this free of cost. There should be a scale of contributions for those who can pay something towards costs.
5. The legal profession should be responsible for the administration of the scheme, except that part of it dealt with under the Poor Prisoner's Defence Act.
6. Barristers and solicitors should receive adequate remunerations for their services.
7. The term 'poor person' should be discarded and the term "assisted person" adopted.

After Independence the tremendous Contributions made by Justice V.R.Krishna Iyer and justice P N Bhagwati His report titled Processionals justice to poor' has gone a step further in enabling the recognition of the poor for the purpose of giving legal aid. In a report on Free Legal Aid in 1971. Justice Bhagwati observed " even while retaining the adversary system, some changes may be effected whereby the judge is given greater participatory role in the trail so as to place poor, as far as possible, on a footing of equality with the rich in the administration of justice."

A similar report of the Committee on Legal Aid titled "processionals justice to poor" presided over by Krishna Iyer in 1973, dealt with the nexus between law and poverty, and spoke of PIL in this context. It emphasized the need for active and widespread legal aid system that enabled law to reach the people, rather than requiring people to reach the law.[10]

Justice Krishna Iyer was appointed as the Chairman of Committee for Legal Aid. The Committee was formulated as on the 22nd day of October 1972
The 14th Law Commission Report stated the fact that if laws do not provide for an equality of opportunity to seek justice to all segments of society the have no protective value and unless some arrangement is made for providing a poor man the means to pay Court fee's, advocates fees and other incidental costs of litigation, he is denied an opportunity to seek justice[11].

Concept Of Legal Aid And Constitutional Mandate

The legal aid means providing an arrangement in the society so that the missionary of administration of justice becomes easily accessible and is not out of reach of those who have to resort to it for enforcement of its given to them by law, the poor and illiterate should be able to approach the courts and their ignorance and poverty should not be an impediment in the way of their obtaining justice from the courts.

Legal aid should be available to the poor and illiterate, who don't have access to courts. One need not be a litigant to seek aid by means of legal aid." Therefore, legal aid is to be made available to the poor and needy by providing a system of government funding for those who cannot afford the cost of litigation.

Legal aid strives to ensure that constitutional pledge is fulfilled in its letter and spirit and equal justice is made available to the poor, downtrodden and weaker sections of the society. It is worthy to mention that the Constitution of India provides (Art 39), that 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 disability. Constitution of India also makes it obligatory for the State to ensure equality before law and a legal system which promotes justice on a basis of equal opportunity to all (Articles 14 and 22(1) of the Indian Constitution).

In the case of Hussainara Khatoon V. St. of Bihar [12], the Supreme Court of India had a significant chance to address the rights of the destitute and needy. The Supreme Court has noted that many undertrials have already received harsher punishments than if they had been convicted immediately. The delay was caused by the individuals' inability to afford legal representation in court, primarily owing to poverty. In this case, the court highlighted Article 39A's emphasis on free legal services as an essential component of reasonable and fairness and that the right to free legal services was implicit in the guarantee of Article 21.

In Khatri v. State of Bihar [13], the court ruled that impoverished or needy accused individuals have the right to free legal help if they cannot afford counsel. The court ruled that the state has a constitutional obligation to provide aid not only during trials, but also during initial appearances and remands. This right cannot be denied due to financial constraints, administrative inability, or the accused's lack of request.

Magistrates and Sessions Judges must inform the accused of their rights. Access to free legal services is crucial for ensuring reasonable, fair, and just outcomes and it must be held implicit in the guarantee of Article 21 and the State is under a constitutional mandate to provide a lawyer to an accused person if the circumstances of the case and the needs of justice so require. The State cannot avoid this obligation by pleading financial or administrative inability or that none of the aggrieved prisoners asked for any legal aid[14].

In Suk Das v. Union Territory of Arunachal Pradesh[15], Justice P.N. Bhagwati underlined the importance of raising legal awareness among the poor, as they often lack knowledge of their rights, including access to free legal aid.

In India, many rural residents lack literacy and are unaware of their legal rights. Even those who are literate are unaware of their legal rights and entitlements. Due to a lack of legal information, individuals may not seek counsel or advice from a lawyer. Furthermore, their lack of knowledge and literacy prevents them from being selfsufficient or selfhelpers. Promoting legal literacy is a key component of the country's legal aid program. Access to legal entitlements is crucial for fulfilling the right to education and delivering justice to people's doorsteps, as promised in the constitution.

Justice Krishna Iyer, had rightly said that :if a prisoner sentenced to imprisonment is virtually unable to exercise his constitutional and statutory right of appeal inclusive of special leave to the Supreme Court for want of legal assistance, there is implicit in the Court under Article 142 read with Articles 21 and 39A of the Constitution, the power to assign counsel for such imprisoned individual for doing complete justice M.H. Hoskot v. State of Maharashtra[16] Though the law has been enacted to protect the poor the governments are lazy to implement the enacted law. The same was observed by Supreme Court in State of Haryana v. Darshana Devi [17] , that "the poor shall not be priced out of the justice market by insistence on courtfee and refusal to apply the exemptive provisions of order XXXIII, CPC.

The Apex Court caution that now time come for Indian judiciary to sensitize themselves to the need of doing justice to the large masses of people to whom justice has been denied by a cruel and heartless society for generations Sunil Batra v. Delhi Administration[18], and made its stand clear that this new change has to come if the judicial system is to become effective instrument of equal justice, for without it, it cannot survive for long.

Equal access to justice, can only be achieved if the weaker sections of the society are provided free legal assistance. It is only then that the constitutional principle of equality before law and equal protection of the Laws can be given a real and purposeful meaning. However, it was not until 1976 that in India, this philosophy of Free legal Service was embodied and given a shape of constitutional obligation in Art. 39A of the Constitution of India.

Article 39A reads:
"The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity and shall, in particular provide, for Legal Aid, by suitable legislations 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." In other words, the Directive Principles make it obligatory for the State to provide Free Legal Aid to needy and indigent people so that justice is not denied to them merely because of poverty[19].

A separate legislation, The Legal Services Authority Act, 1987 has been enacted to constitute the Legal Service Authorities to provide free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities and to organise Lok Adalats to secure that the operation of the legal system promotes justice.

The Legal Services Authorities Act establishes statutory legal services authorities at the National, State and District level. It makes provisions in relation to Lok Adalat. The main object of the Lok Adalat is to provide quick justice at less expense[20].

Legal assistance from State can be claimed as a matter of right, therefore, the word legal service is being used in place of legalaid. Legal Services' are of two types:

1. Prelitigation Legal Services
   1. Legal education
   2. Legal advice
   3. Legal Awareness
   4. Prelitigation settlement
2. Postlitigation Legal Services

PostLitigation Legal Services Traditionally legal aid has been provided at postlitigation stage. Post litigation legal services include  appointment of lawyer for indigent, reimbursement of process fee, witnesses' expenditure, court fee etc. by the State

Legal Service Authorities Act, 1987

This Act was a new part of the legal aid movement in India. It was enforced in 1995 after the final amendments were made to the Act. Justice R.N. Mishra played a very important role in enforcing this Act. Then in 1988, Justice A.S Anand became executive chairman of the National Legal Services Authority.

The Act had 2 objectives: (i) to provide free legal services to the poor and weaker sections of the society, to ensure that no citizen is deprived of justice due to any economic and other disability reason, and, (ii.) to make sure that there is equal delivery of justice by organising Lok Adalats.

Section 12 of this Act lays down a category of the people who are entitled to free legal aid under this act. This Act also mentioned the institutional framework on national, state, district and taluka level, that is National Legal Services Authority, State Legal Services Authority, District Legal Services Authority, and Taluka Legal Services Authority.

National Legal Services Authority (NALSA)
NALSA is an apex body which consists of Chief Justice of India as the PatroninChief and a retired Judge of Supreme Court as the Executive Chairman, who is nominated by the President. NALSA formulates policies and principles as well as frames effective economical schemes to make legal services under the act easily available. It also organises legal aid camps, encourages people to settle disputes in Lok Adalat, undertake and promote research in legal services, and also conducts periodic evaluation of legal aid programs. It promotes legal literacy and sets up legal aid clinics in various law colleges and universities and also promotes the training of paralegals. Also, NALSA supervises the activities of State Legal Service Authorities and also encourages nongovernmental organisations to implement legal aid schemes[21].

State Legal Services Authorities
The Legal Services Authority Act makes it mandatory for each state government to have a State Legal Services Authority which consists of Chief Justice of High Court as PatroninChief and a serving or a retired judge of the High Court as the executive chairman, who is nominated by the Governor of the State. The State Legal Services Authority implements the policies, rules, and strategies laid down by NALSA. This authority is the apex body that supervises the activities of the legal services taking place in the state. It also conducts Lok Adalats and various legal aid programmes.

District Legal Services Authorities
The Legal Services Act makes it mandatory for each state to constitute a District Legal Services Authority in each district in the respective state which will consist of the District Judge as a chairman. This authority performs the functions and rules laid down by the State Legal Services Authority. And it also supervises the acts of the Taluka Legal Services Committee and other legal services taking around in the District and organises Lok Adalats.

Taluk Legal Services Committee
A Taluk Legal Services Committee is constituted by the State Legal Services Authority which consists of the seniormost Judicial Officer as an exofficio Chairman. It supervises and coordinates the activities of the legal services taking place in the Taluk and also organises Lok Adalat.

Section 3A of the Legal Services Authority Act, states about the establishment of the Supreme Court Legal Services Committee, to provide legal aid, assistance and justice to the poor and weaker sections of the society. This committee also organises Lok Adalats in the Supreme Court and also a Supreme Court Mediation Centre also functions under the committee.

Also, Section 8A states the setting up of the High Court Legal Services Authority by the State Legal Services Authority.

Lok Adalats
Lok Adalats are an alternative means of dispute resolution. The main aim of Lok Adalats is to decrease the workload of the courts and also to ensure inexpensive speedy disposal of cases. Chapter VI of the Legal Services Authority Act, 1987, states about the provisions related to the powers of Lok Adalats. There are many benefits of Lok Adalats such as there is no court fee required, it is a very amicable way of resolving disputes, speedy disposal of cases, and the parties are free to compromise or settle accordingly[22].

Right to Free Legal Aid
The Right to Free Legal Aid refers to the entitlement of individuals who cannot afford legal services to receive legal assistance and representation at no cost. It is a fundamental right aimed at ensuring equal access to justice for all, regardless of economic or social disparities. The right to free legal aid is recognised and protected by various legal frameworks and constitutional provisions in many countries.

The essence of the right to free legal aid lies in the principle that justice should not be restricted to those who can afford legal representation. It acknowledges that individuals facing legal proceedings, particularly those from marginalised and disadvantaged backgrounds, may be unable to navigate the legal system effectively without professional assistance.

Under the right to free legal aid, eligible individuals are provided with legal services, including advice, consultation and representation, either fully funded by the government or through legal aid organisations. These services extend to various stages of legal proceedings, such as criminal trials, civil disputes and administrative hearings[23].

Rights of the Accused and Legal Aid
Under Section 304 of the Code of Criminal Procedure, if an accused person does not have sufficient means to hire a lawyer, the court must appoint one for their defence at the expense of the state. This ensures that the accused receives proper legal representation.

Articles 14 and Article 21, which are part of the Fundamental Rights, impose an obligation on the State to ensure equality before the law and a legal system that promotes justice based on equal opportunity for all individuals.

The right to legal representation is closely tied to the right to a fair trial, which is recognised as one of the fundamental human rights. In line with this principle, the Constitution (Fortysecond Amendment) Act, 1976 was introduced, which included the insertion of Article 39A.

By the recommendation of swaran singh committee and by 42nd amendment act Article 39A was incorporated under the "Directive Principles of State Policy" and directs the State to enact suitable legislation and implement schemes for the provision of free legal aid. This amendment was introduced to ensure that no citizen is denied the opportunity to seek justice due to economic or other disabilities.

The inclusion of Article 39A in the Constitution emphasises the importance of providing free legal aid to those who are unable to afford it. By introducing appropriate legislation and schemes, the State aims to remove barriers and ensure that everyone has equal access to justice.

Order 33 Rule 17 of civil procedure code 1908 lays down the suits filed by the Indigent person. The fee has to be paid for the institution of the suits in court. But there are innumerable persons living in poverty who cannot afford to pay the court fee & to enable them to file suits and also exemption from court fee is provided under Order 33 of CPC.


Rule 17 of CPC provides defense by the indigent person. Any defendant who is an indigent person, who desires to plead a setoff or counterclaim, may be allowed to do so & the rules contained in this Order shall apply to him as if he were a plaintiff and his written statement were a plaint. The state ensures a place for an indigent person so that he should not be denied justice on footings of financial disabilities.


Rule 9 A of the Civil Procedure Code, 1908: This rule of the Order XXXIII of the CPC states that the court has the power to assign a pleader to an indigent person and exempt such person from paying the court fee as well[24].

In summary, the right to legal aid is essential to ensuring justice and equality in the legal system. The State has a duty to provide free legal services to those who cannot afford them, starting from the initial stages of the legal process and continuing throughout the proceedings[25].

Issues and Challenges:

• Lack of Public Legal Education and Awareness: One major obstacle is the poor and illiterate population's lack of legal education and awareness. Many people are unaware of their basic rights and the legal aid services available to them. This lack of awareness hampers the goal of the legal aid movement, as people are unfamiliar with initiatives like Lok Adalats and Legal Aid[26].
   
• Lack of Support from Advocates and Lawyers: Many advocates and lawyers prioritise receiving proper fees for their services; only a few actively participate in social service programs like legal aid. The scarcity of dedicated legal professionals willing to contribute their services becomes a barrier to delivering quality legal representation to those in need.
   
• Limited Powers of Lok Adalats: Lok Adalats, though designed to provide alternative dispute resolution, have limited powers compared to civil courts. They often face challenges related to procedural limitations and the inability to compel parties to appear for proceedings. Nonappearance of one party can lead to delays in case disposal.
   
• Underutilisation of ParaLegal Volunteers: Paralegal volunteers play a crucial role in promoting legal aid camps and schemes and reaching out to marginalised sections of society. However, there is a lack of proper training, monitoring and verification of these volunteers. Additionally, the number of available paralegal volunteers is insufficient to cater to the entire population's needs.

Solutions and Suggestions:

The goal of legal aid would be achieved when all the needy and poor people are aware and are getting benefits from it, as it is their fundamental right. So, there are some improvements to be made to fill those lacunas in the legal aid system[27].

• Role of NGOs: Involving and increasing the role of nongovernmental organisations to create awareness amongst the people about their rights and effective justice delivery[28].
   
• Legal Aid Programmes and Legal Awareness: There should be an organisation of legal aid camps and Lok Adalats at a mass level to spread awareness about the rights of the people and awareness about the free legal aid programmes for the needy ones. There should be the establishment of the entitlement centres at various backward areas to make them aware of the rights, laws and encourage them to opt for free legal services by solving disputes through Alternative Dispute Arbitration, Lok Adalats, etc.
   
• Legal Literacy Mission: Other developed countries have missions of 2 years or 5 year plans to inform people about the laws and rights. India can also introduce a 5year plan to educate people about their rights and laws.
   
• Better Remuneration to the Lawyers: Nowadays, a good representation for lawyers is difficult to find because they are not interested in giving free legal services, and expect certain fees for the services. So, there should be an increase in remuneration paid to the lawyers by the courts or government, appearing or defending the accused for free.
   
• Feedback Approach: The monitoring of the work of the counsels should be evaluated through the feedback approach, that is, by asking the people about the feedback of the work of the counsel and then there should be proper progress reports of every advocate. This all could be done by setting up a proper monitoring committee.

Conclusion
The right to free legal aid is closely linked to the broader principles of equality, fairness and the right to a fair trial. By providing legal assistance to those who cannot afford it, this right helps uphold the principle that justice should be accessible to all, irrespective of their financial resources. It also helps mitigate the potential power imbalances in the legal system.

Overall, the right to free legal aid recognizes the importance of ensuring equal access to justice, promoting a fair and inclusive legal system and safeguarding individuals' fundamental rights and interests.

It was beautifully written by Reginald Heber Smith in his book 'Justice and the Poor' that "Without equal access to the law, the system not only robs the poor of their only protection, but it places in the bands of their oppressors the most powerful and ruthless weapon ever invented."

To have a successful legal aid movement in India, the government needs to take appropriate steps by spreading awareness and educating the people about their basic fundamental rights. The only objective or aim of the government should be to provide 'equal justice to all'. The Legal Services Authority Act needs proper implementation, by solving the major problem or issue of lack of awareness and legal education among the people. If people are educated and aware of the rights there will be proper utilization of free legal aid services, etc. Due to all this, it leads to the exploitation of rights and deprivation of rights by the needy ones. There should be proper management and monitoring of the legal aid services.

End Notes:

1. AIR 1979 SC 1377
2. AIR 1981 SC 928
3. AIR 1986 SC 99
4. AIR 1990 SC 2140
5. (2006) 1 SCC 442
6. https://www.lawyersclubindia.com/articles/freelegalaid5166.asp
7. https://www.barelaw.in/conceptoflegalaidinindia/
8. https://nalsa.gov.in/
9. https://testbook.com/iaspreparation/legalaid
10. https://www.lawyersclubindia.com/articles/freelegalaid5166.asp
11. https://lawbhoomi.com/righttofreelegalaid/
12. (1980) 1 SCC 98
13. (AIR 1981 SC 262)
14. https://www.lawyersclubindia.com/articles/freelegalaid5166.asp
15. (AIR 1986 SC 991)
16. (1978) 3 SCC 81
17. (AIR 1972 SC 855)
18. AIR 1978 SC 1675
19. https://unacademy.com/content/upsc/studymaterial/law/legalaid
20. https://www.legalserviceindia.com/article/l261LegalAid.html
21. https://www.nlada.org/toolsandtechnicalassistance/civillegalaidresources/whatlegalaid
22. https://blog.ipleaders.in/legalaidindia/
23. https://thelawdictionary.org/article/legalaidfreeandlowcosthelpwhenyouneedit/
24. https://www.barelaw.in/conceptoflegalaidinindia/
25. https://lawbhoomi.com/righttofreelegalaid/
26. https://blog.ipleaders.in/challengessolutionsfreelegalaid/
27. https://www.studocu.com/in/document/gurugobindsinghindraprasthauniversity/alternativedisputeresolutionadr/legalaid/42086216
28. https://www.academia.edu/36325912/Legal_Aid_and_Awareness_in_India_Issues_and_Challenges?auto=download