What is the constitutional contour relating to legal aid in India?
Asked by: Chelsie Jacobi III | Last update: September 29, 2023Score: 4.7/5 (60 votes)
Free legal aid is a recognized right under Article 21, as is theright to speedy justice and a fair trial. "This right to free legal aid is the duty of the government and is an implicit aspect of Article 21 in ensuring fairness and reasonableness; this cannot be termed as government charity," said Justice Krishna Iyer.
What are the constitutional provisions relating to free legal aid in India?
Thus, in the year 1976, Constitution (Forty-second Amendment) Act, 1976 was introduced, which inserted Article 39-A. This provision of 'Directive Principles of State Policy' directs the State to introduce appropriate legislation and schemes for providing free legal aid.
What are the conclusions of legal aid in India?
Conclusions: Legal aid is not a charity or bounty, but is an obligation of the state and right of the citizens. The focus of legal aid is on distributive justice, effective implementation of welfare benefits and elimination of social and structural discrimination against the poor.
Is legal aid a fundamental right in India?
These services are governed by Legal Services Authorities Act, 1987 and headed by the National Legal Services Authority (NALSA). Free legal aid is one of the fundamental rights guaranteed to all the citizens of the country.
What is the condition of legal aid in India?
It states that those persons who have annual income of less than the amount prescribed by the respective State Government, if the case is before any court other than the Supreme Court, and less than Rs. 5 Lakhs, if the case is before the Supreme Court, are eligible for free legal aid.
What is legal aid? Explain the objects of Legal aid scheme?
Which is the fundamental source of law in India?
The fountain source of law in India is the Constitution which, in turn, gives due recognition to statutes, case law and customary law consistent with its dispensations. Statutes are enacted by Parliament, State Legislatures and Union Territory Legislatures.
What is the role of legal aid agencies in India?
Legal aid is a welfare benefit offered by the government to those who would otherwise be unable to afford legal representation. By giving those who are entitled to welfare benefits, such as social housing, access to legal counsel and the courts, legal aid also contributes to ensuring that welfare provisions are upheld.
What is the role of judiciary in protecting human rights in India legal aid?
The judiciary plays a vital role in protecting the fundamental rights of citizens in India. The Constitution of India guarantees fundamental rights to its citizens under Part III (Article 12 to 35). The judiciary, especially the Supreme Court, is the ultimate protector and interpreter of these fundamental rights.
Who is the father of legal aid in India?
Krishna Iyer. Justice Vaidyanathapuram Rama Krishna Iyer (15 November 1915 – 4 December 2014) was an Indian judge who became a pioneer of judicial activism. He pioneered the legal-aid movement in the country.
What are the constitutional guarantees for the poor in India?
Right to Food, Livelihood and Housing:
Under means of livelihood, as mentioned in Article 39(a), food is an important means for livelihood. The Supreme Court held that the right to life guaranteed by Article 21 includes the 'right to livelihood'[20].
Which article talks about free legal aid to poor in India?
Legal aid system
Under Articles 22 (1) and 14 of the Indian Constitution, legal aid is a right, and Article 39-A advocates the provision for free legal aid to citizens in need.
What are 2 constitutional and legal provisions provide hope to weaker sections in Indian society?
Representation and reservation of seats for minorities in the state and central services Abolition of practice untouchability, banning human trafficking and force labour, provision of various welfare schemes etc. All these constitutional measures aim at upliftment of weaker sections in Indian society.
Who provides legal aid in India?
Under the guidance and control of His Lordship, Supreme Court Legal Services Committee is providing legal aid to eligible persons in a very effective and meaningful way. Up to 31.12. 99 Supreme Court Legal Services Committee has provided legal aid and assistance to 10,125 applicants.
Who can avail legal aid in India?
- Women and children;
- Members of SC/ST.
- Industrial workmen.
- Victims of mass disaster, violence, flood, drought, earthquake, industrial disaster.
- Disabled persons. vi) Persons in custody.
- Persons whose annual income does not exceed Rs. ...
- Victims of Trafficking in Human beings or begar.
Who is the richest lawyer in India?
Palaniappan Chidambaram – ₹5 – ₹10 lakh
Palaniappan Chidambaram, better known as P. Chidambaram, is unquestionably one of India's richest and most powerful lawyers. He attended the University of Madras and Harvard Universities (One of the Best law faculties in the world).
How does the Indian judiciary uphold the law?
Judicial Review means the power of the Supreme Court (or High Courts) to examine the constitutionality of any law if the Court arrives at the conclusion that the law is inconsistent with the provisions of the Constitution, such a law is declared as unconstitutional and inapplicable.
What is the role of Indian judiciary in rule of law?
The power of independent judiciary to review the decisions of the other two organs of the state is considered as an integral part of the concept of rule of law. 9 As such, Indian Constitution does everything possible to put in place this mechanism.
What is the role of lawyers in administration of justice in India?
The role of advocates as officers of the Court is to assist the Court in the administration of justice. Lawyers collect materials relating to a case and thereby assist the Court in arriving at a correct judgment.
What is legal aid movement in India?
Legal aid strives to ensure that constitutional pledge is fulfilled in its letter and spirit and equal justice is made available to the poor, downtrodden and weaker sections of the society.
How did the concept of legal aid develop in India?
In 1987 Legal Services Authorities Act was enacted to give a statutory base to legal aid programmes throughout the country on a uniform pattern. This Act was finally enforced on 9th of November 1995 after certain amendments were introduced therein by the Amendment Act of 1994.
What are the three sources of law in India?
The main sources of law in India are:1. The Constitution2. Statutes3. Customary law4.
What is fundamental right to justice in India?
access to justice is a fundamental right that is guaranteed to all its citizens by Article 14 and Article 21 of the Constitution of India. a bundle of rights which make one‟s life, worth living and denying a person his access to courts and access to justice, will deeply affect the quality of his human life.
What are the sources of international law in India?
Primary Sources of International Law are considered formal in nature. They come from official bodies which include Treaties, Customs and principle of Law. Article 38(1)(a-c) of the ICJ statute is widely recognized as the backbone of the formal source of International Law.
How many constitutional provisions are there in India?
The constitution has a preamble and 470 articles, which are grouped into 25 parts.
What are the three types of constitutional provisions?
Federalism aside, three key principles are the crux of the Constitution: separation of powers, checks and balances, and bicameralism.