New Delhi:
A Judge of the Supreme Court has emphasised that free legal aid provided to economically weaker sections must be effective, competent and meaningful, and should not be reduced to a mere formality. The Judge observed that access to justice loses its true purpose if the quality of legal aid is compromised. The observations were made while underlining the broader responsibility of the justice delivery system to ensure that financial incapacity does not result in inferior legal representation.
Free Legal Aid Cannot Mean Inferior Representation
The Court underscored that legal aid is a constitutional obligation and not an act of charity. It was noted that merely appointing a lawyer, without ensuring proper preparation, sincere effort and professional competence, does not satisfy the constitutional mandate of justice. The Judge further observed that a litigant’s economic status cannot be a determining factor for the quality of legal assistance, as any such distinction directly affects fairness and equality before law.
Role of the Legal Profession
Highlighting the collective responsibility of the Bar, the Judge stated that members of the legal profession, particularly senior advocates, must actively contribute to strengthening the legal aid framework. Such participation would not only improve the quality of representation but would also serve as mentorship for young advocates.
Young Lawyers and Legal Aid Clinics
Emphasising capacity building, the Court pointed to the significant role that young advocates and law school legal aid clinics can play in improving access to justice at the grassroots level. Proper training and meaningful engagement were identified as essential to making legal aid effective and impactful.
Constitutional Perspective
Reiterating the constitutional foundation of free legal aid, the Judge observed that it flows from the principle of equal justice enshrined under Article 39-A of the Constitution. Legal aid, therefore, must be result-oriented and capable of delivering real justice, rather than being limited to procedural compliance.
Legal Significance
The observations serve as a reminder that justice is not achieved merely through formal processes, but by ensuring that every individual, irrespective of economic status, receives competent, sincere and effective legal representation.