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Right To Legal Aid in India: A Critical Appraisal

Author Information
Name: Bal Krishan Chawla
Country: India
Publication Details
Year: 2016
Volume: Volume-1, Issue-2 (July-December)
Page Number: 34-41
Abstract
India is a democratic state where the rule of law is fundamental principle in its governance and is important since for the preservation of prevail. The importance of legal aid assumes a new dimension due to the fact that India is a developing country and in order to confront the problems, impediments and difficulties faced on the way to development and grown, legal aid for the poor and the destitute and deprived members of the society is an indispensable part of the system. The Constitution of India guarantees certain rights which are fundamental for the very existence and survival of the human beings. The preamble of Constitution of India itself spells out the various ideals. One of the ideals is Justice: social, economic and political. Article 39-A also casts a positive duty upon the State to provide and secure the justice to all and to ensure that justice is not denied because of economic and other disabilities. In consonance with the said Article 39-A of the Constitution of India, The Legal Services Authorities Act, 1987, which came into force on 09.11.1995, was enacted to provide free and competent legal services to the weaker sections of the society and to ensure that opportunities for securing justice are not denied to any citizen by reasons of economic or other disabilities. This paper is aimed to analyse the law and law and practice in relation to legal aid and the role of the Apex Court for protection of the right to legal aid in the present scenario with authentic references and case law.
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