Critical Analysis Of Inculcating The Culture Of ADR And Client-Centered Lawyering In Pro Bono Services In India
- IJLLR Journal
- May 14
- 2 min read
Updated: May 16
Nitya Jain, Research Scholar, School of Law, Devi Ahilya Vishwavidyalaya, Indore
ABSTRACT
Ensuring access to justice and promoting the rule of law are important aspects of the Indian justice system. Pro bono is one of the important aspects of ensuring the rule of law by providing a fair, humane, and efficient mechanism for access to justice. Article 39A of the Constitution of India provides equal justice and free legal aid to all citizens. However, the existing framework for pro bono in India is still not efficient, inclusive and responsive.This research paper examines the current framework for pro bono in India and identifies the challenges and gaps. Further, this paper considers the philosophical aspect of a foundational framework that evolves the culture of legal practice from a paternalistic and authoritarian to a client-centered approach that gives importance to individual dignity and autonomy. This philosophical shift is achieved through the inquisitorial system of judicial process. ADR is one mechanism of the inquisitorial system that empowers the clients to participate in the process and enables them to resolve disputes by mutually agreeable solutions.
This paper explored the current institutionalised framework of India related to pro bono by examining the "Nyaya Bandhu" programme and "Lok Adalats", or people's courts, that provide a statutory ADR mechanism aiming to provide access to justice to all. This paper proposes a system where emphasis is on the development of a holistic model of ensure a legal aid system that considers a more comprehensive and sustainable way of legal aid, where a pro bono lawyer is not merely a litigant but also a problem- solver. This shift is supported by pro bono lawyer’s legal ethics and professional responsibilities that are crucial for effectiveness of this model. Further, the paper suggests that there is a need for the multi-stakeholder model where bar, bench legal aid organisations, researchers, and educators collectively participate to transit from a supply-driven to a need-driven system.
Keywords: Pro Bono, Justice, Client-centered, ADR.
