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7 J. Nat'l L. U. Delhi 7 (2020)

handle is hein.journals/jrnludel7 and id is 1 raw text is: Article Access to Legal Aid Jour naf National La Unvrsity Delhi Services for Undertrials' © 12 7-,20 University Delhi Reprints and permissions: in.sagepub.com/journals-permissions-india DOI: 10.1177/22774017221104270 journals.sagepub.com/home/jnl @JSAGE Hon'ble Justice Anup Jairam Bhambhani2 Legal aid for the poor, should not be poor legal-aid! This quote should be the motto of all persons associated with legal-aid services, whether as administrators, legal-aid lawyers or other resource persons engaged in the process. We are all well aware of the constitutional and statutory framework on which the scheme of providing legal-aid services is based. For a quick summary, Article 21 of the Constitution of India is the fount of the constitutional guarantee that no one shall be deprived of his right to life or personal liberty, except in accordance with law; and the right to fair trial and the attendant right to legal-aid has been read into this constitutional assurance by the Hon'ble Supreme Court. Then there is the mandate of Article 22 of the Constitution, which assures to an accused person the right to be defended by a legal practitioner of one's choice. Articles 14 and 39A which speak of equal justice and free legal-aid, are also part of the constitutional scheme, with Article 39A having been added by way of the 42nd Amendment to the Constitution made in 1976 w.e.f. 03.01.1977. A reference to the wording of Article 39A is relevant: 39A. Equal justice andfree legal-aid The State shall secure that the overation o fthe legal system promotes justice, on a basis of equal opportunity and sha, in particular, provide free legal aid. by suitable legislation or schemes or in any other way, to ensure that opportunities for securin? justice are not denied to any citizen by reason of eco- nomic or other disabilities. (emphasis supplied) We also have section 304 of the Code of Criminal Procedure 1973 which mandates that legal-aid shall be provided to accused persons under trial before a Court of Sessions (and by State Government notification, to other undertrials) at State expense. The constitutional and statutory guarantee has thereafter been detailed and enacted by way of the Legal Services Authorities Act 1987, the main object ' Transcript of the key-note address delivered by Hon'ble Jus.Anup Jairam Bhambhani at a national webinar organised by the National Law University, Delhi, on 28th November 2020. 2 Judge, High Court of Delhi.

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