Empowering Legal Aid: A Comparative Study Of DLSA Lawyers And Private Counsel In India
- IJLLR Journal
- Oct 13
- 1 min read
Saanvi Agrawal, Strawberry Fields High School, Chandigarh, India
ABSTRACT
This comparative research project analyzes the effectiveness of legal aid (DLSA) lawyers against private counsel in similar cases within India, concluding that DLSA lawyers can be highly effective when empowered with training, institutional support, and trust. Drawing upon landmark judgments such as Hussainara Khatoon v. State of Bihar (1979/1980), M.H. Hoskot v. State of Maharashtra (1978), Khatri v. State of Bihar (1981), Suk Das v. Union Territory of Arunachal Pradesh (1986), and Sheela Barse v. State of Maharashtra (1983), this paper establishes the fundamental right to free and competent legal services as an indispensable component of “reasonable, fair and just” procedure under Article 21, reinforced by Article 39A. It explores the statutory framework of the Legal Services Authorities Act, 1987, and the institutional mechanisms of NALSA, SLSAs, and DLSAs, alongside initiatives like the Legal Aid Defense Counsel (LADC) System and Prison Legal Aid Clinics (PLACs). While existing sources offer strong theoretical and systemic support for enhancing DLSA effectiveness through continuous training, robust institutional backing, and the cultivation of trust, exemplified by judicial directives for lawyer education and the principle that “legal aid to the poor should not be poor legal aid”, they lack empirical data comparing DLSA and private counsel performance. This paper therefore lays a comprehensive theoretical foundation for investigating how empowerment factors contribute to the effectiveness of DLSA lawyers in advancing social justice and strengthening the rule of law in India.
Keywords: Legal Aid in India, DLSA Lawyers, Access to Justice, Article 21 and 39A, Legal Services Authorities Act 1987
