Question:

Mention the Article of Free Legal Aid.

Updated On: Jun 3, 2023
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Article 39A
The provision of free legal aid varies across different legal systems and jurisdictions. However, there are several international legal instruments and domestic laws that recognize the importance of providing free legal aid to those who cannot afford legal representation. One notable international instrument is the Universal Declaration of Human Rights (UDHR), which does not specifically mention free legal aid but emphasizes the right to a fair trial and the principle of equality before the law. This implies that individuals should have access to legal assistance, which may include free legal aid for those who cannot afford it. Another significant document is the International Covenant on Civil and Political Rights (ICCPR), which explicitly recognizes the right to legal assistance in certain criminal cases. Article 14(3)(d) of the ICCPR states that everyone charged with a criminal offense has the right to "have adequate time and facilities for the preparation of his defense and to communicate with counsel of his own choosing." This provision implies that if an accused person cannot afford legal representation, they should be provided with free legal aid. In domestic laws, many countries have legislation or constitutional provisions that address free legal aid. The specific articles or provisions may vary, but they generally aim to ensure equal access to justice. For example, in India, Article 39A of the Constitution of India states that 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 to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. It is important to note that the availability and scope of free legal aid may differ from country to country, and specific laws and regulations should be consulted to understand the provisions in a particular jurisdiction.

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Concepts Used:

Legal Professionin India

The legal profession in India plays a crucial role in upholding the rule of law, providing legal services, and ensuring access to justice for individuals and entities. Here is an overview of the legal profession in India:

Advocates: Advocates, also known as lawyers or attorneys, are the primary professionals in the legal profession. They are licensed to practice law and represent clients in courts of law, tribunals, and other legal forums. Advocates are regulated by the Bar Council of India, which sets standards of professional conduct and ethics.

Bar Councils: The legal profession in India is regulated by separate Bar Councils at the national and state levels. The Bar Council of India is the apex regulatory body that oversees legal education, admission to the legal profession, and professional conduct of advocates. Each state has its own State Bar Council to regulate the legal profession within its jurisdiction.

Legal Education: Legal education in India is imparted through law schools and universities. The primary law degree is the Bachelor of Laws (LLB), which is a three-year course for graduates or a five-year integrated course after completing high school. To practice as an advocate, one needs to enroll with the respective State Bar Council and pass the All India Bar Examination (AIBE).

Senior Advocates: Senior advocates are distinguished advocates recognized for their experience and expertise in specific areas of law. They are designated by the respective High Courts and the Supreme Court of India. Senior advocates have certain privileges, such as a distinctive dress code and the right to be heard before other advocates in court.

Law Firms: Law firms in India range from small boutique practices to large multinational firms. They offer legal services in various areas of law, including corporate law, litigation, intellectual property, taxation, and more. Law firms may employ a team of lawyers who work together on cases and provide legal advice and representation to clients.

Legal Aid: The legal profession in India also plays a vital role in providing legal aid to marginalized and economically disadvantaged sections of society. Legal Aid Services, both at the national and state levels, ensure that individuals who cannot afford legal representation are provided with free legal assistance and access to justice.

Professional Ethics: Advocates in India are bound by a code of professional ethics, which requires them to maintain high standards of conduct, integrity, and confidentiality. They have a duty to act in the best interests of their clients, maintain professional independence, and uphold the rule of law.

The legal profession in India is diverse and dynamic, offering opportunities for specialization in various areas of law and providing legal services to individuals, businesses, and the government. Advocates play a critical role in representing their clients' interests, ensuring access to justice, and upholding the principles of justice, fairness, and the rule of law in the Indian legal system.