Right to Legal Representation (Indian Polity)
Right to Legal Representation (Indian Polity)Why In News:The Faizabad/Ayodhya Bar Association passed a resolution barring its members from defending eight persons accused in an alleged Ram Mandir donation embezzlement case, threatening a ₹5 lakh fine and expulsion for any member who violates the boycott. The episode has revived the constitutional debate on an accused person's right to legal representation, with commentators recalling a landmark 2010 Supreme Court observation built on Article 22(1) of the Constitution.Constitutional Basis of the Right to Legal RepresentationArticle 22(1): Guarantees every arrested person the right to consult, and to be defended by, a legal practitioner of their choice.Article 21: The right to a fair trial, as expansively read since Maneka Gandhi v Union of India (1978), includes the right to competent legal representation.Article 39A: Added by the 42nd Constitutional Amendment Act, 1976, directs the State to secure equal justice and provide free legal aid to those who cannot afford it.Article 14: Equality before law rules out denial of counsel based on the nature or gravity of the alleged offence.Institutional FrameworkThe legal profession is governed by the Advocates Act, 1961, and the professional conduct rules framed by the Bar Council of India (BCI). While an individual advocate may decline a brief for personal reasons before accepting it, a collective institutional boycott by a Bar body is legally impermissible. Free legal aid is institutionally secured through the National Legal Services Authority (NALSA).
NALSA
The National Legal Services Authority (NALSA) was established in 1995 under the Legal Services Authorities Act, 1987 to implement and monitor legal aid programmes across the country.It is responsible for laying down policies, principles, and frameworks for providing free and competent legal services to weaker sections of society.NALSA also allocates funds and grants to State Legal Services Authorities and NGOs to support the effective functioning of legal aid mechanisms.
Objectives of Legal Services Authorities
Legal Services Authorities aim to provide free legal aid and advice to economically weaker and marginalized sections of society.They work to spread legal awareness and educate citizens about their rights and entitlements.They organise Lok Adalats to facilitate speedy and cost-effective dispute resolution.They promote Alternative Dispute Resolution (ADR) mechanisms, including arbitration, conciliation, mediation, and judicial settlement, to reduce the burden on courts.They also ensure compensation to victims of crime through appropriate legal frameworks and schemes.