An Introduction To Legal Services In India

Ordinarily, legal services mean ‘help or assistance or free service in the field of law.’ Previously the word legal aid was used in place of legal services but the Hon’ble Supreme Court of India; time-to-time asserted that legal aid is not a charity but a paramount duty for the welfare of the States and the Citizens residing hereby. Now, legal assistance from any state can be claimed as a matter of legal right, and therefore the term 'Legal Services' is used in the place of legal Aid.

Everyone is entitled to seek justice in the Court of Law.[1] There is no justice unless there is a sure uniformity about it. Social Justice is one of our Constitutional objectives and to secure it for the poor and the needy ones is our duty. Indian Democracy is based on the basic principles of equality, justice, dignity, and fraternity. The main objective behind free legal services is to ensure uniform equal justice among all. Since poor people cannot hire lawyers to seek justice and they are not aware of their rights and the laws, in such circumstances lawyers should come forward to help them and make them know about their rights and that they are entitled to the same.

The Right of personal liberty and life is guaranteed under Art 21 of the Constitution of India, 1950. The right cannot be abridged away except by the procedure established by law. Supreme Court has laid down the right to free legal services as an essential ingredient of reasonable fair and natural justice. No one can avoid its constitutional perspective to provide free legal services to the poor (accused) party by pleading financial and administrative liabilities along with facilities. All Government or Non- Government institutions having concern with legal service organize different types of activities and programs on the eve of Legal Service Day.

LEGAL SERVICES ACT, 1987

The Legal Services Act, 1987 sec 2(1)(c) defines “Legal Service” as which includes the rendering of any services in the conduct of any case or other legal proceedings before any court[2] or other authority or tribunal and the giving of advice on any legal matter. On analyzing the said definition we can find out that there are three basic components in it. Which are-

1. Legal Services are provided for conducting Legal Proceedings.
2. Legal Proceedings may be done before Courts or Tribunals or any other higher authority.
3. Legal service includes Legal Advice which is also regarded as a constitutional duty.

Before passing the Legal Services Authority Act, legal aid was provided by the state under Administrative rules, which were different in all the states. The Bar Council of India also framed up legal rules in the year 1983. According to rule 2(g), legal aid means the legal representation by a member of working or retired legal professions in the manner to seek justice and to deliver it in the given time.

In order to give a statutory basis to legal services in India, the parliament of India enacted a legislature in the year 1987, to be known as LEGAL SERVICE AUTHORITIES ACT, 1987. The Act was further passed to continue legal services authorities to provide free and competent legal services to the weaker sections of the society to ensure opportunities for securing justice are not denied to any citizens for any reason. Lok Adalats should be established in a proper way to secure justice and fulfill the aim and objectives as envisaged under Art 39(A).

CONSTITUTION OF INDIA, 1950

As enumerated in the Indian Constitution, Art 21 r/w Art 39(A), free legal service/assistance/guide at state cost is a fundamental right of a person conferred under PART-III. An accused of an offense, cannot be put to double-jeopardy as it is against his right to life and personal liberty and the state must give facilities to everyone to be defended by a legal counsel. Art 22(1) provides that no person who has been arrested shall be detained in custody without being informed of the grounds for such arrest nor shall he be denied his right to consult and be defended by a legal practitioner of his/her choice. Art 39(a) was added by the 42nd Amendment Act, 1976 to ensure equal justice. It is an interpretative tool for Art 21. The right to free legal aid and speedy trial is a mandatory provision under Art 21 and 39(A). The principles laid down under Art 39(A) are fundamental and cast a duty on the state for promoting justice, equal opportunities and security towards the operation of the legal system. Therefore, the opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. The above words are just the guidelines but it has a very wide scope in it.

ROLE OF PIL IN THE PROTECTION OF LIFE & PERSONAL LIBERTY

The Supreme Court for the first time was called upon to interpret the Right to Life & Liberty enlisted under Art 21 of the Indian Constitution in the case of A.K Gopalan vs. State oF Madras. The superior court being the protectors of civil liberties to all the citizens not only have power and jurisdiction but also it has an obligation to grant relief under Art 32 in Hon’ble S.C & Art 226 in H.C whose Fundamental rights are been violated. Nowadays PIL plays an important role and has become an effective tool in the hands of the citizens for implementation of the right to life & liberty. However, giving a dimension to Art 21, the Apex Court also held that the Right to live is not merely confined to physical existence but also includes within the infrastructure the Right to live life with human dignity.

CONCLUSION

There can’t be true democracy without the provision of Legal service and if that was the case, superior one would get justice and the weaker section would suffer. To promote equality among all and to solidify the idea that no one is above the law and no one is beyond it, everyone is a subject matter to law.

Equality in the administration of justice forms the basis of all system i.e. Freedom & Equality of justice are twin fundamental conceptions. There are many provisions in PART-III of the Indian Constitution which directly or indirectly deal with Legal Services and some of them are - Art 14, Art 19, Art 21, Art 22(2), etc. Equality before law necessarily involves the concept that all the parties to proceedings in which justice is sought must have an equal opportunity along with the fair trial. Law is a bewildering jungle with the set of rules, procedure, guidelines which confounds both the judges and the lawyers. It should be used properly in a specific manner where everyone should be equally judged and entitled to justice.

[The author, Upasana Borah is a 4th Year law student at NEF LAW COLLEGE, ASSAM affiliated to Gauhati University]

1. https://nalsa.gov.in/about-us
2. https://brainly.in/question/4956683