Right To Counsel And Legal Aid As Essential Features Of A Fair Trial: A Constitutional And Jurisprudential Analysis
- IJLLR Journal
- Dec 16, 2025
- 1 min read
Kavitha T, The Tamil Nadu Dr. Ambedkar Law University
ABSTRACT
The right to a fair trial is a fundamental assurance enshrined in constitutional democracies and international human rights law, guaranteeing that justice is delivered impartially, transparently, and without bias. Among its key elements, the right to counsel and the provision of legal aid hold a pivotal role, especially in protecting the rights of the impoverished, marginalized, and those without legal representation. In India, these protections primarily stem from Articles 21, 22(1), and 39A of the Constitution, bolstered by judicial rulings that have broadened the scope of fair trial jurisprudence. The Supreme Court, through landmark cases such as Hussainara Khatoon v. State of Bihar and Khatri v. State of Bihar, has emphasized the State’s duty to ensure competent legal representation at every stage of criminal proceedings. This article explores the constitutional, statutory, and judicial frameworks that govern the right to counsel and legal aid, while also assessing their practical application within India’s criminal justice system. By incorporating comparative perspectives from jurisdictions like the United Kingdom and the United States, the study reveals existing deficiencies, structural obstacles, and the necessity for reforms. The article contends that effective legal aid is crucial for achieving substantive justice and ensuring that the promise of a fair trial becomes a tangible reality for all individuals.
Keywords: Impartiality, Transparency, judicial frameworks, substantive justice.
