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Practice
And Legal Services
Authority Act.
Made By Justice
V.R.Krishna Iyer:
- The contribution of justice Krishna Iyer towards the
development and incorporation of the concept of legal aid in the
Indian legal system has been tremendous. 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.
- 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 Committee after conducting
sample surveys of large part of the country submitted a 275
- National Legal
Services(NALSA)
- Supreme Court Legal
Services Committee
- State Legal Services
Authority:
- High Court Legal Services
Committee
- District Legal Services
>Constitutional provisions:
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. Sec. 304, Criminal Procedure Code: The
Constitutional duty to provide legal aid arises from the
time the accused is produced before the Magistrate for
Bhagmati J. observed;
Right to free legal aid, just, fail 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. Thus, state is under a constitutional
obligation to provide free to aid to the accused not only
at the stage of .... Every individual of the society are
entitled as a matter of prerogative..
>Conclusion:
Thus we can find a paradigm shift in the
approach of the Supreme Court towards the
concept of legal aid from a duty of the accused
to ask for a lawyer to a fundamental right of an
accused to seek free legal aid. But in spite of the
fact that free legal aid has been held to be
necessary adjunct of the rule of law, the legal aid
movement has not achieved its goal. There is a
wide gap between the goals set and met. The
major obstacle to the legal aid movement in
India is the lack of legal awareness. People are
still not aware of their basic rights due to which
the legal aid movement has not achieved its goal
yet. It is the absence of legal awareness which
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The end.