concept of legal aid in Indian Constitution (original) (raw)
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The Constitution of India pledges to secure to all its citizens justice-social, economic and political. Article 39-A of the Indian Constitution imposes an obligation on the State to ensure that the operation of the legal system in the country promotes justice, on the basis of equal opportunity and also provides for free legal aid by suitable legislation or schemes in any other way to ensure that opportunities for securing justice are not denied to any citizens by reason of economic and other disabilities. It is also the basic human right of every person to get justice within reasonable time. But because of many reasons people in India are not getting justice in courts within reasonable time. Due to increase in inflow of cases courts in India are overburdened. It is not possible by following traditional method to dispose off cases within reasonable time. This method is formal, rigid, costly and time consuming. Problem of delays and expensive litigation has attracted the attention and concern of those connected with the management of the judicial system. There was need to develop some method which could remove all these weaknesses of the formal system. In old times people in India used to get their disputes resolved by the interference of their elders. Taking clue from that an indigenous method has been developed as early as in 1982. This method is given the name of Lok Adalat. Lok
It is the duty of the state to ensure that every individual enjoys his or her right to justice and this includes provision of legal aid services to those who are likely to suffer if is not provided for them. However, the provision of legal aid can be a very expensive undertaking and it is for this reason that the scope of legal aid in criminal cases in Kenya is very narrow. This is very devastating for the poor who are charged with criminal offences and who do not qualify for legal aid and are thus left on their own. As may be well known, there is no requirement that all cases must be represented by lawyers. But in a great many cases, some party may be represented while the other is not. Even though we know that justice is blind to the material status of the litigants before it, we should restore its sight to the plight of litigants without legal representation. Perhaps if we did that, we may enlarge the Legal aid Scheme and provide legal services to all litigants. Only this way, we may be able to empower litigants to enjoy their rights as enshrined in the constitution and other enactments. Legal aid broadly includes legal advice, assistance, representation, education and mechanisms for alternative dispute resolution. It also includes a wide range of stakeholders, such as nongovernmental organizations, professional bodies and academic institutions Legal aid broadly includes legal advice, assistance, representation, education and mechanisms for alternative dispute resolution.
Bread for the Poor: Access to Justice and the Rights of the Needy in India
HAStIngS lJ, 2003
India is rightly acclaimed for achieving a flourishing constitutional order, presided over by an inventive and activist judiciary, aided by a proficient bar, supported by the state and cherished by the public. At the same time, the courts, and tribunals where ordinary Indians might go for remedy and protection, are beset with massive problems of delay, cost, and ineffectiveness. Potential users avoid the courts; in spite of a longstanding reputation for litigiousness, existing evidence suggests that Indians avail themselves of the courts at a low rate, and the rate appears to be falling.' Still, the courts remain grid-
Bread for the Poor: Access to Justice and the Rights of the Needy [with Jayanth Krishnan] in India
HAStIngS lJ, 2003
India is rightly acclaimed for achieving a flourishing constitutional order, presided over by an inventive and activist judiciary, aided by a proficient bar, supported by the state and cherished by the public. At the same time, the courts and tribunals where ordinary Indians might go for remedy and protection are beset with massive problems of delay, cost, and ineffectiveness. Potential users avoid the courts; in spite of a longstanding reputation for litigiousness, existing evidence suggests that Indians avail themselves of the courts at a low rate and the rate seems to be falling.