ACCESS TO JUSTICE: EXAMINING THE IMPACT AND CHALLENGES OF FREE LEGAL AID IN INDIA

Abstract

Access to Justice and Legal Aid are indispensable for an efficient and effective functioning of the judicial system in the country. Article 39 A of the Constitution of India guarantees equal justice and free legal aid. The government of India also came up with exclusive legislation namely National Legal services Authority Act, 1987 to fulfill the objectives of equal justice and free legal aid. Various legal services authorities have initiated and implemented a range of welfare oriented programmes aimed at assisting the underprivileged, in furtherance of the objectives outlined by the National Legal Services (NALSA) and the State Legal Services Authorities (SALSA). These objectives are deeply rooted in the constitutional vision of India, particularly the principles of social justice, equality and access to justice as envisaged by the framers of the Constitution. Accordingly, these initiatives reflect a conscious effort to operationalise constitutional mandates by ensuring that legal aid and justice delivery mechanisms remain inclusive, equitable and responsive to the needs of the marginalised sections of the society. The paper seeks to examine the methods and mechanisms through which legal aid can be made accessible to marginalised communities, enabling them to effectively avail themselves of remedies provided under the law. However, there is a large gap between assurance and access, which underlines the problem of unmet legal needs.