Legislative And Judicial Development In Legal Aid: A Critical Analysis
Apoorva Jaiswal, Damodaram Sanjivayya National Law University
ABSTRACT
As observed by Justice Lewis F. Powell: Equal justice under law is not merely a caption on the facade of the Supreme Court building; it is perhaps the most inspiring ideal of our society. It is one of the ends for which our entire legal system exists... it is fundamental that justice should be the same, in substance and availability, without regard to economic status.
Everyone has a right to legal aid irrespective of their financial status and without any form of discrimination. This right has also been enshrined under Article 14, 21 and 39A of the Constitution of India. However, the reality is far from it. Poor and illiterate people due lack of knowledge and awareness are unable to avail the services of free legal aid. Another problem is the lack of funding in this field which leads to the lack of good quality legal representation which is a huge hindrance to achieve justice. This research paper deals with how the legal aid India has developed massively both legislatively and judicially but still it is unable to achieve its goals and provide legal aid to all. The research paper also deals with the lacunae in the field of legal aid in India and states suggestions for its improvement.
