ISSN 2581-5369
HeinOnline, MANUPATRA, Google Scholar Indexed
Legal Aid to the Poor should not be Poor Legal Aid’: Realizing Article 21’s Promise of Fair Procedure
-
Srivathsan N
Student at SASTRA Deemed University, Thanjavur, Tamil Nadu, India
Abstract
In India, legal aid evolved from weal measure to abecedarian right under Composition 21 . In Maneka Gandhi (1978), Composition 21 expanded from narrow to" fair, just, reasonable" procedure . Courts were suitable to interpret the right to free legal aid as a necessary element of a fair trial thanks to this reinterpretation . 42nd Amendment (1976) introduced Composition 39A, calling free legal aid to insure justice access anyhow of profitable/ social walls . Landmark cases (Hoskot 1978, Hussainara 1979, Khatri 1981, Suk Das 1986) established State's duty to give legal aid to penurious indicted under Composition 21 fair procedure .These cases exposed Systemic shafts, like dragged undertrial detention and unrepresented trials, were exposed by these cases . 1987 Legal Services Authorities Act established NALSA to institutionalize free legal aid . Legal aid as abecedarian right realizes indigenous equivalency, guarding marginalized from legal rejection.
Keywords
- Article 21
- Legal Aid
- Fair Procedure
- NALSA
- Suk Das
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 9, Issue 2, Page 437 - 452
DOI: https://doij.org/10.10000/IJLMH.1111550Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2021