1.

Trace the development of the concept of free legal aid in India.

Answer»

Since 1952, the Government of India started addressing the question of legal aid for the poor in various conferences of Law Ministers and Law Commissions. 

The 14th Report of the Law Commission of India mooted the idea of providing free legal aid to the poor by the State. The Report highlighted the responsibility of the legal community to administer legal aid scheme and the State to fund legal representation to the accused in criminal proceedings, appeals and jails. 

In 1960, the Union Government initiated the national legal aid scheme which faced financial shortages and died a natural death. 

In 1973, in the second phase, the Union Government constituted a committee under the chairmanship of Justice Krishna Iyer to develop a legal aid scheme for states. The Committee devised a strategy in a decentralized mode with legal aid committees in every district, state and the centre

A committee on judicature was set up under the chairmanship of Justice P N Bhagwati to implement the legal aid scheme. This Committee suggested legal aid camps and nyayalayas in rural areas and recommended the inclusion of free legal aid provision in the Constitution. 

Article 39A of the Constitution - inserted by the 42nd Amendment Act in 1976 - Directed the state to provide free legal aid by suitable legislation or schemes or in any other way, to ensure that opportunities to secure justice are not denied to any citizen by reason of economic or other disabilities. Legal aid schemes were floated across states through legal aid boards, societies and law departments thereafter. 

Subsequently, the Parliament enacted the Legal Services Authorities Act, 1987



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