Supreme Court Justice A.S. Chandurkar recently that free legal aid extended to indigent litigants must match the standards of competence and diligence expected of legal representation secured by well-off litigants.
Emphasising the constitutional dimension of free legal services, Justice Chandurkar said that such assistance is not a matter of charity but an essential facet of access to justice.
"Legal aid to the poor does not mean poor legal aid. There should not be any compromise on the quality of legal aid that is provided to those who cannot have access to the legal system on account of economic or other disabilities.”
The judge made the remark while delivering the keynote address at the 20th edition of a lecture held in memory of Professor S.P. Sathe at ILS Law College, Pune.
He added that legal aid offered merely as a formality, without ensuring quality and commitment, would serve no meaningful purpose.
Justice Chandurkar further called for greater involvement of senior members of the Bar in providing free legal assistance to those in need.
“If senior professionals take up one or two legal aid matters in a month, they would not only be rendering human social service but would also be leading by example. The junior members of the bar can thus be guided by them to put in more effort and render meaningful legal aid," he said.
The judge highlighted a clear imbalance in the legal system. While many capable young lawyers struggle to build their practice due to lack of resources, a large number of litigants are unable to afford proper legal representation.
He said this gap can be addressed by better utilising young and upcoming lawyers and involving them more actively in the legal aid system.
Justice Chandurkar reiterated that free legal aid is a vital part of a fair and just legal process and is inherent in Article 21 of the Constitution.
He also stressed that free legal aid cannot be treated as a mere formality, and that the quality of legal assistance provided must not be compromised.
Concluding his address, Justice Chandurkar emphasised the importance of law school legal aid clinics in improving access to justice.
"A legal aid clinic in a law school serves as a window to students for practical training accompanied by necessity, expertise, and supervision," he noted.
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