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Constitutional Provisions Relating To Free Legal Aid In India: An Analytical Study




Shreya Srivastava, Amity Law School, Amity University Uttar Pradesh, Lucknow

Dr. Arvind Kumar Singh, Assistant Professor, Amity University Uttar Pradesh, Lucknow


ABSTRACT


The provision of free legal services to low-income individuals poses significant challenges in a country as vast and populous as India. While the concept of legal aid dates back to the Middle Ages, it was not until the 19th and 20th centuries that formal measures were taken to ensure access to legal representation for the underprivileged.


In France, laws were enacted in 1851 to grant legal aid to the disadvantaged, setting a precedent for other countries to follow. England followed suit in 1944, establishing public legal aid for the poor under the guidance of the Rushcliffe Committee. Similarly, in India, efforts to provide legal assistance to the poor began as early as 1952, with various regulations and programs implemented at the state level.


The establishment of the Legal Services Authority Act in 1987 marked a significant milestone in India's legal aid initiatives, providing a national framework for the provision of legal services to the marginalized. Under this Act, legal services encompass a wide range of assistance, including representation in court proceedings and legal advice.


Despite the challenges posed by India's complex legal system and vast population, the judiciary has played a crucial role in upholding citizens' rights and ensuring respect for the law. Over the past six decades, Indian courts have consistently worked to prevent the abuse of administrative discretion and arbitrary measures, thereby safeguarding the rights and liberties of all citizens.


In conclusion, while the provision of free legal services remains a daunting task, India has made significant strides in ensuring access to justice for its most vulnerable populations. Through legislative measures, judicial oversight, and ongoing efforts to expand legal aid initiatives, India continues to uphold the principles of equality and justice for all its citizens.


Keywords: Legal aid, Judiciary support, Lok Adalats, Equality before the law, Rights of the underprivileged, Poverty alleviation.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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