Constitutional provisions of legal services

Justice P.N.Bhagwati states in the report of the Legal Aid Committee “Legal aid implies providing an arrangement in the society so that the machinery of administration of justice becomes easily accessible and is not out of reach of those who have to resort to it for enforcements of the rights given to them”.

The Preamble to the Constitution of India secures to all its citizen – justice, social, economical and political, and equity of status and of opportunities.

Article 14 of the Constitution states that the state shall not deny to any person equality before law or the equal protection of the laws within the territory of India. The Constitution of India provides the fundamental rights including protection of life and liberty in Article 21

The economic and social inequalities are prevalent in Indian society. Article 38(I) states that the state shall strive to promote the welfare of the people by securing and protecting as effectively as it may, as social order in which justice – social, economic and political shall inform all the institutions of national life.

Article 39(A) “Provides equal justice and free legal aid”. It states that the state shall secure that the operation of the legal system promotes justice on the basis if equal opportunity, and shall in particular, provide free legal aid by suitable legislation or schemes or in any other way to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

This is a piece of legislation which deals with several aspects relating to providing legal aid to the poor and the down-trodden in society and also the organisation of the Lok Adalat etc,. Thus this legislation is also a social welfare legislation and if the provisions are implemented on sound lens definitely, proper help can be rendered to the poor and the down-trodden.