Free legal aid is a constitutional right in India, aimed at ensuring access to justice for all citizens, particularly those who are economically and socially disadvantaged. The concept is rooted in Article 39A of the Indian Constitution, which mandates the state to provide free legal assistance to ensure that opportunities for securing justice are not denied to any citizen due to financial constraints.

The Legal Services Authorities Act of 1987 established mechanisms to implement this mandate, including the National Legal Services Authority and State Legal Services Authorities . The preamble of the Indian Constitution emphasises securing justice for the people of India, both in socio-economic and political aspects. Justice P.N. Bhagwati has aptly described legal aid as a system that ensures easy access to the administration of justice for those who need it to enforce their legal rights.

What is the need of the free legal aid?

Legal Aid implies giving free legal administrations to the poor and needy who cannot afford the administrations of a legal advisor for the conduct of a case or a legal proceeding in any court, tribunal or before a specialist. Legal Aid is the strategy adopted to ensure that no one is deprived of professional counsel and help in view of absence of funds. Therefore, the main question is to provide break even with justice is to be made accessible to the poor, downtrodden and weaker section of society.

Meaning:
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 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't 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.

Article 39A of the Indian constitution is a crucial provision that guarantees the right to equal justice and free legal aid to all citizens. It was inserted inserted into the constitution through the 42th amendment in 1976.

What is Article 39-A of the Indian Constitution?

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 (Forty-second Amendment) Act, 1976 was introduced, which included the insertion of Article 39-A. Article 39-A falls 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 39-A 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.

Objectives of Legal Aid:

The objective of legal aid lies in bridging the gap and making legal services accessible to all segments of our society. Its core aim is to protect the rights and interests of people. Legal aid is a step by which weaker sections of our country can become strong and enable themselves to live with confidence.

The concept of legal aid is made such that no one feels like they are treated separately. There are many negative aspects of the society because of which some have remained underprivileged – the objective of providing legal aid is the upliftment of one and all.

The three objectives of free aid:

• Awareness: People are empowered when they are aware of their rights and power and learn how to secure these rights for themselves.
• Assertion: Encourage those people to assert those rights as a "right" and not as a favour.
• Arrangements: Once objectives 1 and 2 are achieved, it is the responsibility of the State to make the necessary arrangements. It must ensure that these rights are given to those who claim them in a fair and just manner.

Scope of Free Legal Aid

Legal services provided under free legal aid cover a range of assistance. According to Section 2(c) of the Legal Services Authorities Act, 1987, "legal services" include services related to any case or legal proceeding before a court, authority or tribunal, as well as advice on legal matters.

Some examples of the legal assistance covered under free legal aid are:

• Representation by an advocate in legal proceedings.
• Payment of process fees, witness expenses, and other charges associated with legal proceedings, in appropriate cases.
• Preparation of pleadings, appeals, paper books, including document translation and printing. Drafting legal documents and special leave petitions.
• Providing advice on legal matters.

These services aim to ensure that individuals who are eligible for free legal aid receive the necessary support and guidance to navigate the legal process.

Institutions that are Providing Free Legal Services

• Several institutions at different levels are responsible for providing free legal services:
• Legal Services Committee – Led by a senior Civil Judge.
• High Court: High Court Legal Services Committee. National Level: National Legal Services Authority (NALSA) Established under the Legal Services Authorities Act, 1987, the Chief Justice of India serves as its Patron-in-Chief.
• State Level: State Legal Services Authority – Headed by the Chief Justice of the State High Court, who acts as its Patron-in-Chief.
• District Level: District Legal Services Authority – The District Judge of the District serves as its ex-officio Chairman.
• Taluka/Sub-Division Level: Taluka/Sub-Divisional.
• Supreme Court: Supreme Court Legal Services Committee.
   
• Eligibility Criteria for Free Legal Aid:
• Free legal aid is primarily intended for marginalised sections of society who cannot afford access to justice. Section 12 of the Legal Services Authorities Act, 1987 outlines the eligibility criteria, which include:
• Members of Scheduled Castes or Scheduled Tribes.
• Victims of human trafficking or beggars.
• Women or children.
• Persons with disabilities as defined in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
• Individuals in underserved circumstances such as victims of mass disasters, ethnic violence, caste atrocities, floods, droughts, earthquakes or industrial disasters.
• Industrial workers.
• Individuals in custody, including those in protective homes.
• In cases before the Supreme Court, individuals with an annual income of less than Rs 5 lakh and for cases before other courts, individuals meeting the income criteria prescribed by the State Government.
   
• Situation When Legal Services Can Be Rejected:
• Legal services can be rejected or withdrawn in certain circumstances. Here are the situations in which it may be rejected:
• Adequate Means: If the applicant has sufficient means to access justice and can afford legal services independently.
• Ineligibility: When the applicant does not meet the eligibility criteria for free legal aid.
• Lack of Merit: If the application or case lacks merits, meaning there is no reasonable legal action required.
   
• Issues Regarding Free Legal Aid:
1. Lack of Awareness and Accessibility:
   • Limited knowledge: Many individuals are unaware of their right to free legal aid or how to access it.
   • Geographic barriers: Rural areas and marginalized communities often have limited access to legal services.
      
2. Insufficient Funding and Resources:
   • Underfunded legal aid authorities: Legal aid programs often suffer from insufficient funding, leading to limited resources and services.
   • Shortage of legal professionals: A shortage of qualified legal professionals willing to provide free legal aid can limit the availability of services.
      
3. Quality of Legal Representation:
   • Overburdened lawyers: Legal aid lawyers may be overwhelmed with a large caseload, leading to compromised quality of representation.
   • Lack of specialization: Lawyers may not have specialized knowledge in the specific area of law relevant to a client's case.
      
4. Ineffective Legal Aid Systems:
   • Bureaucratic hurdles: Complex procedures and bureaucratic red tape can delay the delivery of legal aid services.
   • Lack of coordination: Ineffective coordination between different legal aid agencies can hinder the efficient delivery of services.
      
• How to address these issues:
• Increase awareness: Conduct public awareness campaigns to inform individuals about their right to legal aid.
• Improve accessibility: Expand legal aid services to rural and marginalized communities.
• Increase funding: Allocate sufficient funds to legal aid programs to ensure adequate resources.
• Enhance the quality of legal representation: Provide training and support to legal aid lawyers.
• Simplify procedures: Streamline the legal aid application process to reduce bureaucratic delays.
• Promote coordination: Foster collaboration among different legal aid agencies.

Conclusion:
Free legal aid is a system that provides legal assistance to those who can't afford a lawyer. It's important because it helps ensure everyone has equal access to justice. However, it faces challenges like lack of funding and awareness. To improve free legal aid, we need to increase funding, raise awareness, and make it more accessible.

Written By: Abhishek baghel, B.A.L.L.B. second year student have endeavored to shed light on critical issues. I hope this analysis sparks further discussion and inspires action among peers, legal professionals, and policymakers. It is only through collective efforts that we can strive for a more efficient and just judicial system. Thank you for engaging with this important topic.