April 14, 2024 02:57:32 booked.net

09 November 2022, National Legal Services Day: Know The History Of The Day!

In India, 09 November is celebrated every year as “National Legal Services Day” by all legal services authorities to commemorate the enactment of the Legal Services Authorities Act 1987. The day is celebrated to make people aware of the various provisions under the Legal Services Authority Act and the Rights of the litigants.

History Of The Day

On 11 October 1987, the Legal Services Authorization Act 1987 was enacted, while the Act came into effect on 9 November 1995. National Legal Services Authority (NALSA) was constituted under the Legal Services Authorities Act, 1987 on 5th December 1995 to provide free legal services to the weaker sections of the society and to organize Lok Adalats for amicable settlement of disputes.

National Legal Services Day is celebrated to ensure that all citizens of the country have access to a fair, and accessible justice process. The purpose of celebrating this day is to mobilize help and support to the vulnerable and deprived sections of society to get free justice.

It is noteworthy that Justice PN Bhagwati, understanding the importance of legal aid in the Indian context, encouraged the missionary concept of justice (making justice easy and accessible to all people in the society). After this, the Supreme Court of India started celebrating this day every year since 1995.

Provision For Free Legal Aid In India

  • Constitutional Provisions

The Preamble of the Indian Constitution mainly sets out the goal of social, economic, and political justice for the people.

According to Article 21 of the Indian Constitution, “No person shall be deprived of his right to life and personal liberty except according to procedure established by law”.

According to Article 38(1) of the Indian Constitution, “The State shall promote the welfare of the people by securing and protecting the social order including social, economic and political justice.”

According to Article 39 (A) of the Constitution, “The State Government shall endeavor to ensure that a system of justice is implemented so that justice is provided to all equitably and fairly and with the special purpose of providing free legal services.” Do it so that all citizens get equal opportunities to get justice.

  • Court Decisions

Hussainara Khatoon v State of Bihar: In this case, the Court held that “if an accused is not able to afford legal services, he is entitled to free legal aid at the cost of the State”.

Khatri II v State of Bihar (1981): The constitutional duty to render legal aid commences from the moment the accused is produced before a magistrate for the first time and continues till he is produced for remand. Keep going

Madav Hayavadanrao Hoskot Vs. State of Maharashtra: (Madav Hayavadanrao Hoskot Vs. State of Maharastra-1978) In this case, the Court held that “any person has the right to appeal against his sentence, in addition, he has to go to a lawyer. Right to prepare an appeal and argue.

  • Criminal Procedure Code 1973

According to Section 304 of the Code of Criminal Procedure, 1973, “If the accused does not have sufficient resources to engage the services of a lawyer to advocate his case, the court shall, at the cost of the State, provide counsel for the defense of the accused.

  • National Legal Services Authority (NALSA)

The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to provide free legal services to the weaker sections of society.

The Chief Justice of India is its chairman while other senior judges of the Supreme Court are the executive heads of this authority.

It may be mentioned that NALSA also coordinates between various legal State Service Authorities and District Legal Services Authorities along with ensuring free legal aid to the people.