The Reality behind Free Legal Aid

  • Aaradhya Mittal
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  • Aaradhya Mittal

    LL.M. Student at Indian Education Centre University, India

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Abstract

Access to justice is a fundamental right enshrined in the Constitution of India. However, for millions of marginalized and economically weaker citizens, the realization of this right remains a challenge due to financial, structural, and systemic barriers. This research paper explores the framework, functioning, and effectiveness of legal aid services in India. It begins by examining the constitutional and historical foundation of legal aid, tracing its evolution and the underlying principles that led to its institutionalization. The study analyzes the mechanisms through which legal aid advocates are appointed, the challenges they face—particularly financial constraints—and the broader impact of inadequate support and infrastructure on justice delivery. Through a critical lens, the paper discusses the allocation of resources, availability of legal professionals for aid work, and the per capita spending that highlights significant disparities. Furthermore, it investigates issues such as corruption, mismanagement, and the systemic denial of justice to vulnerable populations. A dedicated case study section provides real-world context to the theoretical findings. The research also offers a set of practical recommendations, including improving transparency in appointments, increasing remuneration, and investing in legal education and awareness. These reforms aim to strengthen the legal aid ecosystem and ensure it fulfills its constitutional promise of equal justice for all. The paper ultimately emphasizes the urgent need for policy-level and institutional reforms to make legal aid more accessible, effective, and trustworthy.

Keywords

  • Legal aid

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 2025 - 2037

DOI: https://doij.org/10.10000/IJLMH.119864

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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.

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