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The Indian constitution promises equality for all and these rights extend to free legal advice as well! But this was not always the case. Less than half a century ago, Indian citizens were left stranded to their own devices, legal aid a faraway dream. It seemed like the law only applied to those in power and with the financial power to afford it for themselves. As a democratic nation, this was not something that could be allowed.

Justice P.N.Bhagwati

It was the sentiment of the honorable Justice P.N.Bhagwati that free legal advice and legal aid should be available to all, regardless of funds or knowledge of the law! With the aim of bringing legal dispute resolution to the masses, Justice Bhagwati introduced Legal Aid to India in 1971.

Committee for the Implementation of Legal Aid Schemes (CILAS)

Soon thereafter in 1976, constitutional article 39A was introduced, stating clearly that legal aid can not be considered a charity, but rather is a constitutional obligation and the right of every Indian citizen. Legal compliances for legal aid were set in place and a regulatory body formed in form of a Committee for the Implementation of Legal Aid Schemes (CILAS), with Justice P.N.Bhagwati leading the group.

Eligibility Criteria

For enormous populations like that of India’s, providing free legal advice and legal aid to all is very difficult to do logistically. Instead, a set of eligibility criteria has been defined by the government to provide aid to those in most dire need of the same. It is provided for:

• The Poor
• Scheduled Castes and Tribes
• Inhabitants of Scheduled Areas
• Labour Class Workers
• Soldiers and Armed Forces
• Women and Children
• Victims of Natural and Industrial Disasters
• Disabled Persons
• People With Income < Rs 50,000 per annum
• Human Trafficking Victims

Service Coverage

Free legal advice is just the beginning of what legal aid promises. Here is the full extent of coverage under the Legal Aid scheme.

• Full payment of court fees, process fees and charges incurred during the proceedings.
• Provision of an advocate for the legal proceedings.
• Supply of certified copies for all contracts and legal documentation
• Preparation for appeal

Ineligibility

Applications for legal aid may be rejected on the following grounds.

• The person has enough money to afford a lawyer.
• Applicant does not fall under any of the eligibility criteria.
• No legal case can be made or the case doesn’t merit any legal action.

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