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ADVOCATES DUTY TOWARDS SOCIETY AND
OBLIGATION TO RENDER LEGAL AID
Made By:-
Pranab Mahay
00216503809
B.A.LLB (H)
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Learn. Participate. Engage. Lead. These are tenets central to a lawyers duty to the profession.
But what is a duty? And what is this profession such that a duty can arise to it?
Duty is rooted in the idea of obligation, to serve or give something in return. Cicero said that one
of the sources of a citizens duty arises in an organized society with rendering to every man his
due, and with the faithful discharge of obligations assumed.Duty conveys a sense of ethical and
intellectual commitment to someone or something. The commitment is the sort that requires a
deliberate choice and results in action; it is not a matter of passive feeling or mere recognition.
Once a duty is acknowledged and embraced, that person commits himself/herself to the cause
involved without considering the self-interested courses of actions that may have been relevant
previously. Performing and fulfilling ones duty therefore may require sacrifice but it inevitably
enriches the lives and community of those who benefit from the discharge of the duty and also
that of the one who fulfills the obligation.
Law is a classic example of a profession. The term embraces a set of attitudes, skills, behaviours,
attributes and values which are expected from those to whom society has extended the privilege
of being considered a Professional. The underlying assumptionthat necessitates professionalism
in law is the understanding that practicing law (in thebroadest sense of the term) is an endeavor
central to the operation of a just society. Inthe service of that noble and challenging endeavor, a
lawyer is required to bring to bear a rigorous application of scholarly and ethical standards in
combination with skills training and the ability to advocate for individuals in need of
representation. A memberof the legal profession is expected to:
1. have mastered a body of knowledge and skills, and this knowledge and training is to be used
in the service of others;
2. uphold the highest standards of ethical and professional behaviour in all their actions and
activities; and
3. maintain the compact of trust between client and lawyer, and society and lawyera compact
that enables the profession to regulate itself and members to govern themselves accordingly.
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Membership in this profession has its privileges and they are many. Members in this
profession, accordingly have duties and obligations to it. These duties to the profession can be
said to include dedication to honesty, integrity and self-improvement commitment to
compassion, empathy, and altruism, and deliberate action that models these traits for others
and/or those new in the profession. These duties are not a burden but an opportunity, in their
faithful discharge, to serve and to mark gratitude.
It has been argued that the defining feature of a profession is a commitment to promote and
preserve the public good. The need to honour such a conception at all flows from the nature of
the ideal social compact between society and the profession. It has been argued that the interests
of society are advanced by the existence of a genuine legal profession rather than a legal industry
in which lawyers operate businesses in the Law.
If lawyers wish to remain part of a true profession, then their response to the community should
be an unambiguous declaration of allegiance to the overriding principle of public service. Fine
declarations will then need to be matched by evidence of decisions taken that involve some
willing cost to the profession. There are many occasions when the interests of lawyers and the
broader community (of which lawyers are a part) coincide. However, there is a suspicion that
when a choice is to be made, then in practice the interests of the profession override all others.
In the current social environment there are many who would argue that a genuine commitment to
ethics is an unrealizable ideal. Many think that sound ethical principles are fine in theory but that
they can't really be applied in practice. To try to do so is to be nostalgic. They say that to
promote virtue is to be old fashioned, to hark back to ideas only useful in a different era. They
ask us to be 'realistic' and to embrace the 'modern' way of doing things.
This plea is often nothing more than an ill disguised plea to allow for the survival of the fittest.
Perhaps such people are right. Perhaps a dog-eat-dog world will be the most efficient. And
perhaps efficiency is the only value that we need to embrace in the search for a worthwhile life.
Or perhaps efficiency is only one of a number of important values that we must learn to juggle
across an unpredictable landscape.
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Those members of the legal profession who are serious about meeting their ethical obligations
must face up to this challenge. After all, what if their critics in the market place are right? What
if the prime (and exclusive) objective really is to 'run a business in the law? One can only reply
that an authentic commitment to professional ethics may require lawyers to live a life that makes
only partial sense in a world dominated by an orientation to markets.
The full sense of such a commitment might only be appreciated when viewed against a
background of community. That is, the relevance of professions probably depends on the prior
existence of a society and not just an enterprise association.
Justice to people can be given through law. Law rules the universe. The operation of law
discovers truth and dispels the falsehood. Hence advocate is a person who stands committed to
help justice done to individuals, nations and to the world as a whole. The whole effort is intended
to seek truth for the benefit of the individual and the society. Hence, it is held, the profession of
law is a noble one. This nobility has to be the aim and promoted by all means by persons
belonging to the legal profession. K.T. Thomas once said Persons belonging to the legal
profession are the elite of society. They have always been in the path of progress and
development.
The advocate has the duty to find out the facts, must not support the falsehood if any and to
discard the same in order to proceed to the point of truth. Admitted by, the advocate in no event
should compromise with anything incorrect. No responsible lawyer should indulge in mollified
practices to deprive his client from justified claim.
There is a saying The preacher prays for all, the lawyer pleads for all, the doctor prescribes for
all, the plain citizen pays for all. The essence of such a statement is that the prayer of the
preacher intended to lead everybody on the right path, pleading of the lawyer is to bring the truth
in all cases for which he pleads, the doctor prescribes medicines to cure the disease of his
patients and the plain citizen pays to the state with sense of duty because the states duty is to
ensure security to its citizens. The lawyer is expected to be aware of the implication which hints
at the truthfulness, kindness, simplicity and serenity of the persons concerned.
While the sensibility of advocacy for establishing the genuine claim of the client is the first and
foremost requirement, the experience shows that at times the clients change their advocates if
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they are not satisfied with their performance. In a case a question arose whether a lawyer or a
chartered accountant could retain his clients papers because the client did not pay the fees. The
Supreme Court held the view that it was not proper on the part of an advocate to retain clients
papers on the ground that his fee was not paid and it was essence that the client must always be
free to go to another professional.
Conflict between interest and duty is a point at the center of professional ethics. One must be
careful not to take up a brief where there is possibility of conflict even if it is lucrative. What is
essential is total transparency in dealing and a deep sense of commitment, if the advocate has
accepted the brief he must be present in the court to argue and not to be tempted by any attractive
offer to go elsewhere.
All professions germinate in the society to cater to the needs of people who live therein. Hence,
professionals of a particular profession have obligation towards their profession and the society
which they belong. The primary responsibility of the professional is to maintain secrets of his
client and defend them by applying all legal methods and practices. To the clients a professional
owes duty to supply services for which he is paid. Negligence in delivering services in time may
cause damage to the claims of the clients. The courts behave with the professionals with respect,
the professionals in return should work in the right conduct in order to keep the dignity of the
profession in high magnitude.
Legal Aid implies giving free legal services 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 earliest Legal Aid movement appears to be of the year 1851 when some enactment
was introduced in France for providing legal assistance to the indigent. In Britain, the history of
the organized efforts on the part of the State to provide legal services to the poor and needy dates
back to 1944, when Lord Chancellor, Viscount Simon appointed Rushcliffe Committee to
enquire about the facilities existing in England and Wales for giving legal advice to the poor and
to make recommendations as appear to be desirable for ensuring that persons in need of legal
advice are provided the same by the State.
One need not be a litigant to seek aid by means of legal aid. Legal Aid is available to anybody on
the road. Justice Blackmun in Jackson v. Bishop says that; "The concept of seeking justice
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cannot be equated with the value of dollars. Money plays no role in seeking justice."
Article 39A of the Constitution of India provides 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. Articles
14 and 22(1) also make 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. 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.
Since 1952, the Govt. of India also started addressing to the question of legal aid for the poor in
various conferences of Law Ministers and Law Commissions. In 1960, some guidelines were
drawn by the Govt. for legal aid schemes. In different states legal aid schemes were floated
through Legal Aid Boards, Societies and Law Departments. In 1980, a Committee at the national
level was constituted to oversee and supervise legal aid programmes throughout the country
under the Chairmanship of Hon. Mr. Justice P.N. Bhagwati then a Judge of the Supreme Court of
India. This Committee came to be known as CILAS (Committee for Implementing Legal Aid
Schemes) and started monitoring legal aid activities throughout the country. The introduction of
Lok Adalats added a new chapter to the justice dispensation system of this country and
succeeded in providing a supplementary forum to the litigants for conciliatory settlement of their
disputes. In 1987 Legal Services Authorities Act was enacted to give a statutory base to legal aid
programmes throughout the country on a uniform pattern. This Act was finally enforced on 9th
of November 1995 after certain amendments were introduced therein by the Amendment Act of
1994.
The linkage between Article 21 and the right to free legal aid was forged in the decision in
Hussainara Khatoon v. State of Biharwhere the court was appalled at the plight of thousands
of undertrials languishing in the jails in Bihar for years on end without ever being represented by
a lawyer. The court declared that "there can be no doubt that speedy trial, and by speedy trial, we
mean reasonably expeditious trial, is an integral and essential part of the fundamental right to life
and liberty enshrined in Article 21." The court pointed out that Article 39A emphasized that free
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legal service was an inalienable element of reasonable, fair and just procedure and that the right
to free legal services was implicit in the guarantee of Article 21. In his inimitable style Justice
Bhagwati declared:
"Legal aid is really nothing else but equal justice in action. Legal aid is in fact the delivery
system of social justice. If free legal services are not provided to such an accused, the trial itself
may run the risk of being vitiated as contravening Article 21 and we have no doubt that every
State Government would try to avoid such a possible eventuality".
Further in the case of Hussainara Khatoon & Ors. (V) v. Home Secretary, State of Bihar, Patna
Justice Bhagwati held that: "its the constitutional right of every accused person who is unable to
engage a lawyer and secure legal services on account of reasons such as poverty, indigence or
incommunicado situation, to have free legal services provided to him by the State and the State is
under a constitutional mandate to provide a free lawyer to such accused person if the needs of
justice so require. If free legal services are not provided to such an accused, the trial itself may
run the risk of being vitiated as contravening Article 21 and it is hoped that every State
Government would try to avoid such a possible eventuality."
Two years thereafter, in the case of Khatri & Ors. (II) v. State of Bihar & Ors. , the court
answered the question the right to free legal aid to poor or indigent accused who are incapable ofengaging lawyers. It held that: "the state is constitutionally bound to provide such aid not only at
the stage of trial but also when they are first produced before the magistrate or remanded from
time to time and that such a right cannot be denied on the ground of financial constraints or
administrative inability or that the accused did not ask for it. Magistrates and Sessions Judges
must inform the accused of such rights. The right to free legal services is an essential ingredient
of reasonable, fair and just procedure for a person accused of an offence 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,
provided of course the accused person does not object to the provision of such lawyer. The State
cannot avoid this obligation by pleading financial or administrative inability or that none of the
aggrieved prisoners asked for any legal aid at the expense of the State. The only qualification
would be that the offence charged against the accused is such that on conviction, it would result
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in a sentence of imprisonment and is of such a nature that the circumstances of the case and the
needs of social justice require that he should be given free legal representation. There may,
however, be cases involving offences such as economic offences or offences against law
prohibiting prostitution or child abuse and the like, where social justice may require that free
legal or child abuse and the like, where social justice may require that free legal services need
not be provided by the State."
He reiterated this in Suk Das v. Union Territory of Arunachal Pradesh and said "It may
therefore now be taken as settled law that free legal assistance at State cost is a fundamental right
of a person accused of an offence which may involve jeopardy to his life or personal liberty and
this fundamental right is implicit in the requirement of reasonable, fair and just procedure
prescribed by Article 21." This part of the narration would be incomplete without referring to theother astute architect of human rights jurisprudence, Justice Krishna Iyer. In M.H. Hoskot v.
State of Maharashtra,he declared: If a prisoner sentenced to imprisonment is virtually unable
to exercise his constitutional and statutory right of appeal inclusive of special leave to appeal (to
the Supreme Court) for want of legal assistance, there is implicit in the Court under Article 142
read with Articles 21 and 39-A of the Constitution, power to assign counsel for such imprisoned
individual for doing complete justice.
In Khatri & Others v. St. of Bihar & others Bhagwati J. observed: Right to free legal aid, just
and reasonable procedures is a fundamental right (Khatoons Case). It is elementary that the
jeopardy to his personal liberty arises as soon as the person is arrested and is produced before a
magistrate for it is at this stage that he gets the 1st opportunity to apply for bail and obtain his
release as also to resist remain to police or jail custody. This is the stage at which and accused
person needs competent legal advice and representation. No procedure can be said to be just, fair
and reasonable which denies legal advice representation to the accused at this stage.
In, State of Haryana v. Darshana Devi, the Court said that: "the poor shall not be priced out of
the justice market by insistence on court-fee and refusal to apply the exemptive provisions of
Order XXXIII, CPC. The State of Haryana, mindless of the mandate of equal justice to the
indigent under the Magna Carta of Republic expressed in Article 14 and stressed in Article 39A
of the Constitution, has sought leave to appeal against the order of the high court which has
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rightly extended the 'pauper' provisions to auto-accident claims. Order XXXIII will apply to
tribunals, which have the trappings of the civil court.
The court should expand the jurisprudence of access to justice as an integral part of social justice
and examine the constitutionalism of court-fee levy as a facet of human rights highlighted in
nation's constitution. If the state itself should travesty this basic principle, in the teeth of articles
14 and 39A, where an indigent widow is involved, a second look at its policy is overdue. The
court must give the benefit of doubt against levy of a price to enter the temple of justice until one
day the whole issue of the validity of profit-making through sale of civil justice, disguised as
curt-fee, is fully reviewed by the supreme court. Before parting with this point the court must
express its poignant feeling that no state has, as yet, framed rules to give effect to the benignant
provision of legal aid to the poor in order xxxiii, rule 9A, civil procedure code, although severalyears have passed since the enactment. Parliament is stultified and the people are frustrated.
Even after a law has been enacted for the benefit of the poor, the state does not bring into force
by willful default in fulfilling the condition sine qua non. It is a public duty of each great branch
of government to obey the rule of law and uphold the tryst with the constitution by making rules
to effectuate legislation meant to help the poor. It is a public duty of each great branch of
government to obey the rule of law and uphold the tryst with the constitution by making rules to
effectuate legislation meant to help the poor.
Justice Bhagwati while delivering the judgement in the case of Kara Aphasia v. State of Bihar,
where the petitioners were young boys of 12-13 years when arrested, and were still languishing
in jail for over 8 years. They also alleged to have been kept in leg irons and forced to do work
outside the jail, directed that the petitioners must be provided legal representation by a fairly
competent lawyer at the cost of the State, since legal aid in a criminal case is a fundamental right
implicit in Article 21.
In Centre for Legal Research & Anr. v. State of Kerala, Chief Justice Bhagwati took a step
further and laid down norms or guide-lines laid down for State to follow in giving support and
cooperation to voluntary organizations and social action groups in operating legal aid
programmers and organizing legal aid camps and Lok Adalats or Niti Melas.
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While delivering the judgment Bhagwati, C.J., stated that the writ petition raised a question as to
whether voluntary organizations or social action groups engaged in the legal aid programmed
should be supported by the State Government and if so to what extent and under what conditions.
"There can be no doubt that if the legal aid programme is to succeed it must involve public
participation. The State Government undoubtedly has an obligation under Article 39-A of the
Constitution which embodies a directive principle of State policy to set up a comprehensive and
effective legal aid programme in order to ensure that the operation of the legal system promotes
justice on the basis of equality. But we have no doubt that despite the sense of social
commitment which animates many of our officers in the Administration, no legal aid programme
can succeed in reaching the people if its operations remains confined in the hands of the
Administration. It is absolutely essential that people should be involved in the legal aidprogramme because the legal aid programme is not charity or bounty but it is a social entitlement
of the people and those in need of legal assistance cannot be looked upon as mere beneficiaries
of the legal aid programme but they should be regarded as participants in it. If we want to secure
people's participation and involvement in the legal aid programme, we think the best way of
securing it is to operate through voluntary organizations and social action groups. These
organizations are working amongst the deprived and vulnerable sections of the community at the
grass-root level and they know what are the problems and difficulties encountered by these
neglected sections of Indian humanity. It is now acknowledged throughout the country that the
legal aid programme which is needed for the purpose of reaching social justice to the people
cannot afford to remain confined to the traditional or litigation oriented legal aid programme but
it must, taking into account the socio-economic conditions prevailing in the country, adopt a
more dynamic posture and take within its sweep what we may call strategic legal aid programme
camps, encouragement of public interest litigation and holding of Lok Adalats or Niti Melas for
bringing about settlements of disputes whether pending in courts or outside. The assistance of
voluntary agencies and social action groups must therefore be taken by the State for the purpose
of operating the legal aid programme in its widest and most comprehensive sense, and this is an
obligation which flows directly from Article 39A of the Constitution. It is also necessary to lay
down norms which should guide the State in lending its encouragement and support to voluntary
organizations and social action groups in operating legal aid programmes and organizing legal
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aid camps and Lok Adalats or Niti Melas. We are of the view that the following norms should
provide sufficient guidance to the State in this behalf and we would direct that the State
Government shall, in compliance with its obligations under Article 39A of the Constitution
extend its cooperation and support to the following categories of voluntary organizations and
social action groups in running the legal aid programme and organizing legal aid camps and Lok
Adalats or Niti Melas."
In M.H Hoskot v. State of Maharashtra, the Supreme Court laid down some banning
prescription for free legal aid to prisoners which are to be followed by all the courts of India,
such as furnishing of free transcript of judgment in time, to the sentences; where the prisoner
seeks to file an appeal for revision, every facility for exercising such right shall be made
available by the jail administration and if a prisoner is unable to exercise his statutory andconstitutional right of appeal including special leave to appeal for want of legal assistance, there
is implicit in the court under Article 142, read along with Article 21 and 39-A of the
Constitution, the power to assign counsel to the prisoner provided he does not object to the
lawyer named by the court
Lok Adalats: Lok Adalats are judicial bodies set up for the purpose of facilitating peaceful
resolution of disputes between the litigating parties. They have the powers of an ordinary civil
court, like summoning, examining evidence etc. Its orders are like any court orders, but the
parties cannot appeal against such orders. Lok Adalats can resolve all matters except criminal
cases that are non-compoundable. Either one or both the parties to litigation can make an
application to the court for transferring the case to a Lok Adalat. Where no compromise or
settlement is made by the Lok Adalat, such a case is transferred to the court and that court deals
with the litigation from the stage the Lok Adalat had reached.
Lok Adalats have proved to be an effective mechanism for resolution of disputes through
conciliatory methods. Up to 31 December 1997, about 17633 Lok Adalats have been held in
different parts of the country where about 68.86 lakh cases were settled. In about 349710 motor
vehicles accident claims cases, compensation amounting to over 1,160.07 crore rupees were
awarded. Under the Legal Services Authorities Act, Lok Adalat has been given the status of a
Civil Court and every award made by Lok Adalat is final and binding on all parties and no
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appeal lies to any court against its award. Under Chapter VI-A of the Legal Services Authorities
Act, 1987 there is the provision of Lok Adalats. Up to December 2004, over 2 lakh 52 thousand
Lok Adalats have been organized which have settled over 1 crore 74 lakh cases. For more
effective use of provisions of this act, the conference will deliberate on the feasibility of setting
up permanent Lok Adalats in the states.
The constitution of the Committee for the Implementation of Legal Aid Schemes (CILAS) in
1980 was a major step in institutionalizing legal aid. The Legal Services Authorities Act, 1987,
displaced the CILAS and introduced a hierarchy of judicial and administrative agencies. The
LSAA began to be enforced only eight years later, under the directions of the Supreme Court. It
led to the constitution of the National Legal Services Authority (NALSA) at the Centre and a
State Legal Services Authority in the States to give effect to its directions.
National Legal Services Authority (NALSA): The National Legal Services Authority is a
statutory body which has been set up for implementing and monitoring legal aid programs in the
country. The legal aid program adopted by NALSA include promoting of legal literacy, setting
up of legal aid clinics in universities and law colleges, training of paralegals, and holding of legal
aid camps and Lok Adalats. National Legal Services Authority is the apex body constituted to
lay down policies and principles for making legal services available under the provisions of the
Act and to frame most effective and economical schemes for legal services. It also disburses
funds and grants to State Legal Services Authorities and NGOs for implementing legal aid
schemes and programs.
National Legal Services Authority was constituted on 5th December, 1995. His Lordship Hon.
Dr. Justice A.S. Anand, Judge, Supreme Court of India took over as the Executive Chairman of
National Legal Services Authority on 17the July, 1997. Soon after assuming the office, His
Lordship iNitiated steps for making the National Legal Services Authority functional. The first
Member Secretary of the authority joined in December, 1997 and by January 1998 the other
officers and staffs were also appointed. By February 1998 the office of National Legal Services
Authority became properly functional for the first time. A nationwide network has been
envisaged under the Act for providing legal aid and assistance.
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NALSA has also called upon State Legal Services Authorities to set up legal aid cells in jails
so that the prisoners lodged therein are provided prompt and efficient legal aid to which they are
entitled by virtue of section 12 of Legal Services Authorities Act, 1987. The Government has
sanctioned Rs 4 crores as grant-in-aid for NALSA for 1998-99 for allocating funds to the State,
District authorities, etc. The NALSA is also monitoring and evaluating the implementation of
the legal aid programs in the country. Up to December 1997 about 23.88 lakh persons were
benefited through court-oriented legal aid programs provided by the State Legal Aid and Advice
Boards/ State Legal Services Authorities. Of them, 3.73 lakh persons belonged to the scheduled
castes, about 2.14 lakh to the scheduled tribes, 240485 were women and 8578 were children.
Supreme Court Legal Services Committee:The Supreme Court Legal Services Committee has
been enacted under the Legal Services Authorities Act, 1987 for the effective rendering of justicein the apex court. If a person belongs to the poor section of the society having annual income of
less than Rs. 18,000/- or belongs to Scheduled Caste or Scheduled Tribe, a victim of natural
calamity, is a woman or a child or a mentally ill or otherwise disabled person or an industrial
workman, or is in custody including custody in protective home, he/she is entitled to get free
legal aid from the Supreme Court Legal Aid Committee. The aid so granted by the Committee
includes cost of preparation of the matter and all applications connected therewith, in addition to
providing an Advocate for preparing and arguing the case. Any person desirous of availing legal
service through the Committee has to make an application to the Secretary and hand over all
necessary documents concerning his case to it. The Committee after ascertaining the eligibility of
the person provides necessary legal aid to him/her.
Persons belonging to middle income group i.e. with income above Rs. 18000/- but under Rs.
120000/- per annum are eligible to get legal aid from the Supreme Court Middle Income Group
Society on nominal payments.
Taluk Legal Services Committee:Sections 11-A and 11-B were inserted by the Act 59 of 1994
whereby provisions relating to Taluk Legal Services were added in the Legal Services
Authorities Act, 1987. The Taluk Legal Services Committee works under the rules made by the
different States. Relating to its composition, conditions of services in certain States, additional
functions have also been assigned, e.g. in Andhra Pradesh where the functions are subject to
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superintendence of the District and the State Authority. Apart from the abovementioned four-tier
machinery the Legal Services Authorities Act also provides for the Supreme Court Legal
Services Committee to perform functions as may be determined by the Central Authority and
State Authority respectively.
Legal Aid under C.P.C and Cr.P.C
S. 304(1)"Lays down that when accused facing a trial is very poor, then he can get legal aid. In
the absence of lawyer, the entire trial becomes vitiated and then case has to be remanded back to
the trial court. The Court has to ask the accused whether he has means to engage a lawyer or not.
If not, the court is bound to give him a lawyer from the bar who should be well versed with the
law and has to be get paid for by the State Government. The lawyer must be a competent one. He
"is amicus curiae (friend of court).
Order 33 C.P.C
Suits may be instituted by indigent person. -Subject to the following provisions, any suit may
be instituted by an indigent person.
Explanation I: A person is an indigent person,
(a) if he is not possessed of sufficient means (other than property exempt from attachment in
execution of a decree and the subject matter of the suit) to enable him to pay the fee prescribed
by law for the plaint in such suit, or
(b) where no such fee is prescribed, if he is not entitled to property worth one thousand rupees
other than the property exempt from attachment in execution of a decree, and the subject matter
of the suit.
Explanation II: Any property which is acquired by a person after the presentation of his
application for permission to sue as an indigent person, and before the decision of the
application, shall be taken into account in considering the question whether or not the applicant
is an indigent person.
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Explanation Ill: Where the plaintiff sues in a representative capacity, the question whether he is
an indigent person shall be determined with reference to the means possessed by him in such
capacity.
The new responsibilities of the Bench and the Bar must be assessed in the context of mass
discontent and the dynamic rule of law as its answer. The Judiciary is a reverenced institution.
Our judicial tryst with social destiny can only be redeemed by a spread out and institutionalized
legal services project adjusted to the conditions of our society.
It is also clear in the highly stratified Indian Society that the sources of poverty is not merely an
economic phenomenon and it is linked up with a variety of complex social relationships
aggravated by long period of colonial rule. Any program for using the law in at least reducing the
effects of poverty will, therefore, necessarily require knowledge on who, the poor are, what their
problems are, and how they are related to the existing law and legal services.
Conclusion
The focus of Legal Aid is on distributive justice, effective implementation of welfare benefits
and elimination of social and structural discrimination against the poor. It works in accordance
with the Legal Services Authorities Act, 1987 which act as the guideline of the rendering of free
justice.
It will be interesting to know the special problems of the rural poor and the urban poor separately
and also to find how they compare with the legal problems of the non-poor living in rural and
urban India. An efficient organization of a legal services delivery system may have to take
account of all these differences in legal needs of the poor and design the program accordingly.
Except sketchy impressionistic references in the reports of the various legal aid committees,
there has been a very little attention given to the analysis of the legal problems of the poor at the
academic, official or professional level.
The discomfort of the bureaucracy arising out of the policing role of legal aid is understandable.
In a Welfare State, the Government cannot be made available for litigation against itself to
vindicate the legal rights of the poor. The criticism that legal aid litigation, aims at law reform
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thereby making the judiciary usurps the functions of the legislature is illogical and does not carry
conviction in common law jurisprudence.