Legal Aid In India: A Constitutional Promise And Its Practical Challenges
- IJLLR Journal
- 2 hours ago
- 1 min read
Raunak Praveen, Aligarh Muslim University Center Murshidabad
ABSTRACT
Access to justice is a fundamental element of a democratic legal system, yet for a large section of the Indian population, economic hardship, illiteracy, and social disadvantage continue to act as barriers to seeking legal remedies. Legal aid in India emerges as a crucial mechanism to address this imbalance and to ensure that justice is not limited to those who can afford it. Rooted in the constitutional vision of social justice, particularly under Article 39A of the Indian Constitution, the legal aid framework aims to provide free legal services to the poor and marginalized sections of society.
This paper examines the evolution, objectives, and institutional framework of legal aid in India, with a focus on the Legal Services Authorities Act, 1987 and the role of the National Legal Services Authority (NALSA). It analyses the scope of legal aid services, including legal advice, representation, and alternative dispute resolution mechanisms such as Lok Adalats. The paper also highlights the practical challenges faced in the implementation of legal aid, including lack of awareness, inadequate infrastructure, limited legal literacy, and concerns regarding the quality of legal representation.
The paper seeks to identify gaps between law and practice and suggests measures for strengthening legal aid delivery. The study concludes that effective implementation of legal aid is essential for upholding the rule of law and ensuring meaningful access to justice in India.
Keywords: Legal Aid; Access to Justice; Article 39A; Legal Services Authorities Act,1987; National Legal Services Authority (NALSA); Free Legal Services; Rule of Law; Marginalised and Weaker Sections; Lok Adalats; Social Justice.
