Free Legal Aid In India: A Constitutional And Legal Analysis
- IJLLR Journal
- Oct 17
- 1 min read
Ankit, MDU
ABSTRACT
Access to justice is a fundamental aspect of a democratic society, and free legal aid serves as a critical tool to ensure that this access is not restricted by economic or social disadvantage. In India, where a significant portion of the population remains vulnerable due to poverty, illiteracy, and systemic inequalities, free legal aid plays an essential role in bridging the gap between legal rights and real-world justice. This research paper examines the constitutional, legal, and institutional framework governing free legal aid in India, with a focus on Article 39A of the Constitution and its integration with Articles 14 and 21, which guarantee equality before the law and the right to life and personal liberty.
The paper explores the functioning of legal aid institutions established under the Legal Services Authorities Act, 1987, such as NALSA, State Legal Services Authorities, and District Legal Services Authorities, assessing their role in providing legal representation, conducting legal awareness programs, and facilitating alternative dispute resolution mechanisms like Lok Adalats. It also critically analyses the challenges facing the legal aid system, including lack of awareness, inadequate legal representation, limited outreach, and administrative inefficiencies. By combining normative and theoretical perspectives with a detailed examination of the Indian legal framework (excluding empirical data), the paper argues that free legal aid is not merely a state obligation but a cornerstone of a just and equitable society. Strengthening this system is essential for upholding constitutional values and ensuring that justice is truly accessible to all.
Keywords: Legal Aid, Supreme Court, Constitution, Lok Adalat, Legal Service Authorities.
