India, which is known to be the second most populated country in the world, has the majority of illiterate. As said by Justice Harry Blackmun, “The concept of seeking justice cannot be equated with the value of dollars. Money plays no role in seeking justice”. The major part of individuals doesn’t know about the legal system of the nation and, furthermore, their protected rights. Even though individuals know about it, they are not in a circumstance to manage the cost of giving their monetary and social backwardness. They are in a defenceless circumstance to be able to afford the service of legal counsellors, which has turned into an expensive affair.
The focus point of legal aid is on distributive justice, the successful execution of welfare advantages and the end of social and basic oppression of poor people. It works as per the Legal Services Authorities Act 1987, which goes about as the rule of the rendering of free justice. The prime object of the state ought to be “equivalent justice for all”. In this way, legal aid endeavours to guarantee that the constitutional pledge is satisfied in its letter and soul and that equivalent justice is made accessible to the oppressed and weaker sections of the general public.
The State shall secure that the task of the legal system advances justice on the basis of equivalent chance and shall, specifically, give free legal aid by appropriate enactment or plans or in some other manner to guarantee that open doors for securing justice are not denied to any citizen by reason of financial or any other disabilities.
The preamble of the Indian constitution fundamentally means to secure for the general population of India justice – financial and political. His Lordship Justice P.N. Bhagwati appropriately expressed that legal aid means giving a course of action to the general public, which makes the machinery of administration of Justice easily available and in reach of the individuals who need to depend on it for the requirement of rights given to them by law. Article 38(1) affirms that the State will advance the welfare of the general population by verifying and ensuring the social order, including justice. Article 21 plainly says that each individual has an equal right to life and liberty except according to the procedure.
ARTICLE 39A– It is the obligation of the State to see that the legal system advances justice based on equal opportunity for its entire citizen. It should therefore give free legal aid to individuals who can’t get justice because of financial and other disabilities.
SECTION 304 OF CODE OF CRIMINAL PROCEDURE,1973
If the accused does not have adequate means to draw in a legal advisor, the court must give one to the protection of the accused at the expense of the state.