These legal aid services are aimed at the poor and illiterate, and their main problem is their lack of education. They lack legal training, which means they do not know their fundamental and legal rights. People often do not know what legal aid services are available to them. Therefore, the legal aid movement has not achieved its goal because people do not know about Lok Adalat, legal aid and other terms. The 14th report of the Law Commission of India suggested that the government provide free legal aid to the disadvantaged. The report stresses the responsibility of the legal community in the administration of the legal aid system. The Union government introduced a national legal aid program in 1960, but ran into financial difficulties. In the second phase, the Union government established a committee to develop a legal aid system for states, chaired by Justice Krishna Iyer. The committee created a decentralized strategy with legal aid committees at the district, state and national levels.
In order to implement the mutual legal assistance plan, a judicial committee chaired by Justice P. N. Bhagwati was established. Under section 2 (1) (c) of the Legal Services Authorities Act 1987, «legal services» include the provision of a service in connection with the conduct of a case or other legal proceeding before a court or other authority or tribunal and advice on legal matters; The adoption of the above-mentioned law was the provision of free and competent legal services to the weaker strata of society. Justice — social, economic and political — is our constitutional promise, enshrined in the preamble to our Constitution. The incorporation of Article 39-A into the Directive on the principles of State policy in 1976 obliged the State to guarantee justice on the basis of equal opportunities by providing free legal aid. This means that the poor and weaker should also receive the legal representative, as they are also citizens of India and this is our fundamental right to equality under Article 14 of the Indian Constitution. Whether a person is rich or poor, they have the right to have a legal representative so that they can also receive free legal aid from the government. It is written under Article 39A of the Constitution of India «Free Legal Aid to All Citizens of India» Ensuring a strong publicly funded legal aid system to meet these needs is an important part of a just society. Society must ensure that people who cannot afford legal advice or representation have a legal aid system in place to help them resolve their legal problems if necessary. In order to protect their fundamental rights, Section 39A of the Constitution of India provides for equal justice and free legal assistance for the person who cannot afford a lawyer and other procedural costs. It states that the right to free legal aid is also a fundamental right.
Thus, the fundamental rights of the youth of our country, which is the future of our country, should be taught legal rights so that no one can use them, rich or poor. The goal of legal aid is to bridge the gap and make legal services accessible to all parts of our society. Its main purpose is to protect the rights and interests of individuals. Legal aid is a step by which the weaker regions of our country can become strong and afford to live with confidence. A number of legal aid delivery models have emerged, including duty counsel, community legal clinics and paid lawyers for cases of individuals eligible for legal aid. The Constitution of India provides that everyone has the right to legal aid. Indian citizens, regardless of age, gender or ethnic origin, are entitled to legal aid if they fall into the following categories: Free legal aid is the provision of free civil and criminal legal services to poor and marginalized people who cannot afford to pay for a lawyer to conduct a case or case before a court. Tribunal or authority. In circumstances of great public importance and serious risks to the life and liberty of the applicant, the services of senior lawyers may be used if the President of the Legal Service Body gives an opinion. In the United States of America, free civil legal aid was introduced in New York City in 1876 and a legal aid society was founded. In 1965, almost every U.S. city had a legal aid center.
Finally, in 1952, India had addressed the issue of free legal aid and various conferences had been organized. It was not until 1960 that certain guidelines for free legal aid were established. Legal aid for the poor began with the Supreme Court decision in the Hussainara Khatoon case, 1979. This case highlighted the situation of Bihar`s legal system, which was in ruins. There were many prisoners unjustly imprisoned, as well as some who were wrongly convicted and received harsher sentences than they deserved. All these delays were caused by the inability of the convicted person to hire a lawyer to defend him. The Honourable Supreme Court Justice P.N. Bhagwati noted: «The right to free legal advice is. This is clearly an essential element of a reasonable, fair and just trial for a person charged with a criminal offence and must be considered implicit in the guarantee of Article 21. It is a constitutional right of any accused who, for reasons such as poverty, need or isolation, is unable to hire a lawyer and receive legal services, and the state has a mandate to provide counsel to an accused if the circumstances of the case and the requirements of the judiciary so require.
provided, of course, that the accused does not oppose the provision of such a lawyer». A preamble is an introductory statement in a document that explains the philosophy and objectives of the document. The Constitution sets out the intent of its creators, the story behind its creation, and the nation`s core values and principles. You may be wondering where the word «legal aid» is in the preamble. Thus, the Supreme Court in Re-Berubari Union stated that: «The preamble supports the legal interpretation of the Constitution when the wording is considered ambiguous and emphasizes the importance of the preamble. On reading the preamble, it mentions justice of all kinds, that is, socially, economically and politically for its citizens. Without access to the courts, which are the primary means of establishing justice, this noble ideal will remain a formality. In this paper, the term «social justice» includes a citizen`s right to appeal to a court, and this right is only possible if free legal aid is provided to those who cannot afford a lawyer because of a disability. In addition, the preamble stresses the importance of guaranteeing equal opportunities and status for citizens.
The preamble refers to the guarantee of the dignity of the citizen. This dignity can only be achieved if citizens have access to justice, which is a fundamental objective of free legal aid. The free legal aid movement has become the topic of conversation of the day to make the legal system accessible to all citizens, regardless of income. * In a socialist democracy, the role of the judiciary is crucial; It intervenes between the state and an individual with respect to the socialist and non-socialist approach to state legislative measures and their implementation mechanism developed by them to ensure justice. The inclusion of legal aid presents challenges and opportunities for the legal community. Let`s go through them in detail. To. No. Those in need can receive free legal aid from the lowest court up to the Supreme Court of India.
One of the benefits of using legal aid, if you qualify, is that you are generally protected against the other party`s costs if you lose the case.