Right to life as guaranteed under Article 21 of the Constitution of India, includes right to Legal aid. Legal aid also embodied in the directive principle of state. Article 39 A of Constitution provides equal justice and free legal aid as follows: - 'The State shall secure that the operation of the legal system promotes justice, on a basis of 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’.

Article 22 of the Constitution and Section 304 of the Criminal Procedure Code prescribes the right of the accused to engage a lawyer of his choice to defend him in the Criminal cases.

Advocate Act also gives importance to the Legal Aid. Section 9A of Advocate Act provides: - (l). A Bar Council may constitute one or more legal aid committee each of which shall consists of such member or members not extending 9 but not less then 5 as may be prescribed. (2) The qualification, the method of the selections and terms of the office of the Legal Aid committee shall be such as may be prescribed.

Bar Council of India also provides rules/ethics for Advocate in providing Legal Aid. Rule 46 of section-VI of Bar Council of India Rule states: - 'Every Advocate shall in practice of the profession of law, bear in mind that anyone genuinely in need of a lawyer is entitled to legal assistance even though he cannot pay for it fully or adequately and that within the limits of an advocate's economic condition, free legal assistance to the indigent and oppressed is one of the highest obligation an advocate owes to the society.

Bar Council of India Rules also cautioned the advocates not to provide legal service in charity to the undeserving persons. Rule 38 of the Section IV of the Bar Council of India speaks:- 'An advocate shall not accept a fee less then the fee taxable under the rules when the client is able to pay the same’.

In order to fulfill the Constitutional obligation, the Legal Service Authority Act 1987 was enacted to provide free and competent legal services to the weaker section of the society. The Act further meant to organise Lok Adalats to secure the operation of the legal systems to promote justice on basis of equal opportunity.

This Act prescribes different legal service committee and also provides for formation of legal aid fund at national level, state level and district level etc. Section 12 of the Legal Service Authority Act provides the criteria for entitlement to legal service as follows: (i). A member of schedule cast and schedule tribe.(ii) A victim of trafficking human being or beggar as referred to Article 23 of the Constitution. (iii) A women or child. (iv) A disable person. (v) Victim of mass disaster, ethnic violence, flood, drought, industrial disaster,(vi) industrial workman,(vii) person in custody, (viii) person having annual income less than nine thousand or higher as prescribed by the State Govt.

A person desires to get legal aid must satisfy any or all of the criteria having a prima-facie case.
Different Govt. have framed different legal aid schemes.

Legal aid popularly known as legal aid at free of cost. The concept "legal aid" also includes legal aid at reasonable cost with qualitative legal service.

Supreme Court legal aid committee has taken a step for legal aid to the poor at free of cost but legal aid for middle-income group at a reasonable cost. According to this scheme person having income of Rs10,000/- per month or Rs.1,20,000/- per annum are entitled to legal aid. Under the Chairmanship of a sitting Judge of Supreme Court, a society was formed as Legal Aid Society For Middle Income Group, where a panel of advocates on record are available. Person shall engage a lawyer from among this panel and pay the prescribed lawyers fees as well as court fee. Which is very reasonable, practical and self supported.

From our practical experience we feel the urgent need of competent and qualitative legal aid, not absolute free but with a reasonable cost. Legal aid activity is suffering from lack of Human resources, machinery and funds etc.

Human resources are very vital for operation of legal aid. The skill and competence of lawyers, Judges and clerical staffs should be improved and updated. More staffs should be provided to Judges for legal aid activities including a permanent Lok Adalat. Computers and other communication facilities should be provided for smooth function of legal aid and required budgetary allocation is to be made.

All the persons involved in promoting legal aid need to co-ordinate properly. The legal aid should not be a responsibility and monopoly of legal fraternity. The corporate sector and NGO should participate in the activity of the legal aid with dedication. Lethargic attitude and red-tapism should not be tolerated.

Some of the cases may be cited as - AIR 1979 SC 1369: The supreme Court emphasizes that free legal services is an inalienable element of reasonable, fair and just procedure. Without it a person suffering form economic or other disabilities would be denied justice.

AIR 1983 S.C. 378 : Legal assistance to a poor or indigent accused under arrest and put in jeopardy of his life and personal liberty is a constitutional imperative mandated not only by Art.39-A but also by Arts. 14 and 21. Lawyers must positively reach out to those sections of humanity who are poor, illiterate and ignorant and who, when they are placed in a crisis such as an accusation of crime and arrest or imprisonment, do not know what is arrest or imprisonment, do not know what to do or where to go or to whom to turn.
A.I.R.1986 S.C. 1322: Voluntary organizations and social action groups engaged in legal aid programs must be encouraged and supported by the State.

For more detail Contact:- legalaid@madhusudanlaw.com