The cornerstone of the concept of justice is the right to equality. The notion that men are born free and equal has been long recognized by developed nations. The requirement of equality before law and equal protection of law provides that the courts should be open to one and all, without discrimination, for the vindication of legal rights. Irrespective of status, justice should be given to all equally. The legal set-up of a nation should be framed in such a way that it provides legal protection to all irrespective of the economic, social and political status of an individual. Cohn has rightly said "where there is no legal protection, there is in effect no law. So far citizens are precluded from access to courts; the rules of law which they would like to invoke are for them as good as non-existent".

The efficacy of the legal system needs to be evaluated in terms of their ability to cope with population and poverty problems. The basic rights of an individual should not be denied for the reason that he has no sufficient means. Law has to come to the rescue of the indigent persons who cannot afford lawyers on their own. Legal aid is a method which provides that due to lack of funds no one should be debarred from professional help/ advice. Justice Krishna Iyer regards it as a catalyst which would enable the aggrieved masses to re-assert state responsibility, whereas Justice Bhagwati simply calls it "equal justice in action". In India, most of the prisoners belong to the lower and illiterate class, so they suffer silent deprivation of liberty caused by the unreasonable, arbitrary, and unfair procedures behind the ‘iron bars’ and ‘stone walls’. Thus, it becomes essential that these people are made aware of their right to free legal aid. It is one of the fundamental rights guaranteed to all citizens of India.
Since the inception of the Legal Services Authorities Act, a total of 1,58,88,621 have benefited through the Legal services and the advice provided by the State Legal Services Act under Legal Services Authorities as on November 2017. And in the past 1 year, a total of 8, 22,856 people have benefited.

Right to Legal Aid under Constitution of India

Article 14 "The State shall not deny to any person equality before law and equal protection of laws, within the territory of India. "
This article provides that everybody is equal before the law and has the right of equal protection of the laws, whether he may be rich or poor, high official or a layman, educated or uneducated, man or women etc.
Article 21 guarantees for ‘Protection of life and personal liberty’-
“No person shall be deprived of his life or personal liberty except according to procedure established by law.”
An advocate’s service is the most important ingredient of the fair procedure to a prisoner, who has to seek his liberation through the court process. Judicial justice, with procedural intricacies, legal submissions, and critical examination of evidence, leans upon professional expertise; and it will be a failure of equal justice if an advocate’s supportive skills and inputs are not present for the accused.
Article 22 Protection against arrest and detention in certain cases.
" No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest; nor shall be denied to consult and to be defended by a legal practitioner of his choice. "
Article 28 State to secure a social order for the promotion of welfare of the people.
"The state shall strive to promote the Welfare of the people by securing and protecting as effectively as it may, social order in which justice, social, economic and political shall inform all the Institutions of National life. "
Article 39A, a directive principle of state policy, provides for ‘Equal Justice and free legal aid’-
“The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen because of economic or other disabilities.”
This article is an interpretative tool for Article 21.

Judicial Approach

The Judiciary has played an important role in providing the broad Framework for legal aid services in India. However soon after Independence the judicial attitude towards Legal Aid was not progressive. Initially the court took a restrictive review of statutory provisions. Pronouncing upon the right of a person to have legal representation, the court observed:
"This was a privilege given to him (accused) and it is his duty to ask for a lawyer if he wants to engage one or get his relatives to engage one for him. The only duty cast on the magistrate is to afford him the necessary opportunity to do so."

Who is Eligible for Legal Aid Services under the Legal Services Authorities Act

In 1987, Parliament of India passed a statutory Act, i.e., The Legal Services Act (LSA), 1987. Its main aim was to ensure social justice and rule of law.
Section 12 of LSA, 1987 lays down the eligibility for providing legal services:
A person belonging to scheduled caste or scheduled tribe;
Victim of trafficking in human being;
Beggar as defined under Article 23 of the Constitution of India;
Any women or child;
A person with physical/mental disability;
Victim of undeserved circumstances (such as the victim of a mass disaster, ethnic violence, flood, drought, etc)
Industrial worker
Juvenile as defined under the Juvenile Justice Act, who:-
is in the custody of Juvenile Justice home
is in a mental custody
A person whose income is less than Rs.9000 per annum or as defined by the State Government and Rs.50, 000 per annum or as defined by the Central Government.

How to Apply for Free Legal Services

A person who needs free legal services can approach the concerned authority or committee through an application which could either be sent in written form or by filling up the forms prepared by the said authorities stating, in brief, the cause for seeking legal aid or can be made orally, in which case an officer of the concerned legal services authority or a Para-legal volunteer can assist the person.
Also, a person can apply through online mode for getting Legal Aid to any Legal Service Institution within the country by filling up the “Legal Aid Application Form” available online at NALSA’s (National Legal Services Authority) website by going on the ‘Online Application’ Link, along with uploading the necessary documents.

Procedure after Application

Free Legal Aid Service is provided to the deserved persons through Legal Services Authorities existing from the National levels to Taluka levels including the NALSA, State Legal Services Authorities, District Legal Services Authorities, Taluk Legal Services Committee, and High Court Legal Services Committees.
Also, if an application or request for free legal aid is received by NALSA, the authority forwards the same to the concerned authority.
Once the application is submitted with the proper authority, it would be pursued by the concerned legal service institution to examine what action is needed upon the same. The information about the next step would then be sent to the parties concerned.
The action taken on an application received would vary from providing counseling/advice to the parties, providing a lawyer to represent them within the court, etc.

Types of Legal Service Provided

Free Legal Services include free legal aid in civil and criminal matters for those poor and weaker sections who cannot afford the services of a lawyer for the conduct of a case or legal proceedings in any court. It includes:
Representation by a legal practitioner or advocate;
Payment of court fees, process fee, expenses of witnesses, lawyer fee and all other charges payable or incurred in connection with any legal proceedings.
Preparation of pleadings, memo of appeal, paper book including printing of documents in legal proceedings;
Drafting of legal documents, Special Leave Petition (SPL), etc;
Giving legal advice on any legal matter;

Email:--------------: Nadeemkhaliq198@gmail.com