Analysing Free Legal Aid in India from the Lens of

Professional Ethics

Submitted to:
Dr. Ankit Awasthi
Assistant Professor of Law

Submitted by:
R Rohan, B.A. LL.B. (Hons.)
Semester – X, Section B, Batch XVIII

Roll no. - 116

Hidayatullah National Law University

Uparwara Post, Atal Nagar
Raipur – 492002, Chattisgarh
 INTRODUCTION
Legal aid in India refers to providing legal services to individuals who cannot avail the services of a
lawyer. The provision of legal assistance is aimed at ensuring equal access to justice for all citizens,
regardless of their socio-economic status.

The notion of legal aid in India is rooted in the Constitution of India, which guarantees every citizen the
right to receive free legal assistance in case they are charged with a criminal offense and cannot afford the
services of a lawyer. The right to legal aid is recognized as a fundamental right under Article 39A of the
Constitution of India.

The Indian legal aid system is administered by the “National Legal Services Authority (NALSA)”, which
is a statutory body established under the “Legal Services Authorities Act, 1987.” NALSA provides free
legal aid to eligible individuals through a network of legal aid clinics, legal services organizations, and
impaneled lawyers.

CHAPTER-I
Background information on legal aid in India

Legal aid refers to the provision of legal services to individuals who are unable to afford the
services of a lawyer. The provision of legal aid is aimed at ensuring equal access to justice for all
citizens, regardless of their socio-economic condition.

The concept of legal aid is rooted in the Constitution of India, which guarantees every citizen the
right to receive free legal assistance in case they are charged with a criminal offense and cannot
afford the services of a lawyer. “The right to legal aid is recognized as a fundamental right under
Article 39A of the Constitution of India.”

However, despite the constitutional guarantee of legal aid, the reality on the ground is that many
citizens in India still struggle to access legal services due to a shortage of resources and a lack of
awareness about the legal aid system. This has led to a growing need for improved and effective
legal aid services in India, especially for marginalized and disadvantaged communities.
 CHAPTER-II
Importance of professional ethics in the provision of legal aid

Professional ethics play a critical role in the provision of legal aid as they provide a framework
for lawyers to conduct themselves in a manner that is in line with the values and principles of the
legal profession. These ethical standards help to ensure that lawyers provide quality and
impartial legal services to their clients and that they uphold the integrity of the legal profession.
The following are some of the key reasons why professional ethics are crucial in the provision of
legal aid:
 Ensuring quality legal services: Lawyers have a professional obligation to provide their
clients with quality legal services. This includes providing competent and diligent
representation, maintaining client confidentiality, and avoiding conflicts of interest.

 Upholding the rule of law: Legal aid providers play a crucial role in ensuring that the
rule of law is upheld by providing legal services to those who would otherwise be unable
to access justice. By adhering to ethical standards, legal aid providers ensure that the
justice system operates fairly and impartially.

 Protecting the rights of clients: Legal aid providers are responsible for protecting the
rights of their clients, including their right to a fair trial and their right to privacy. By
adhering to ethical standards, legal aid providers ensure that they uphold these rights and
provide their clients with the best possible legal representation.

 Promoting public trust in the legal profession: The public trust in the legal profession
is crucial for the functioning of a democratic society. By adhering to ethical standards,
legal aid providers help to maintain this trust and promote the reputation of the legal
profession.

Professional ethics are essential in the provision of legal aid as they help to ensure that
lawyers provide quality and impartial legal services to their clients and that they uphold the
values and principles of the legal profession.
 CHAPTER-III
Overview of the current state of free legal aid in India

The current state of free legal aid in India is a mixed picture, with both successes and challenges.
On the one hand, there have been several positive developments in recent years aimed at
improving the approachability and standard of legal aid services. For example, the government
has established several legal aid clinics and appointed legal aid lawyers across the country to
provide free legal services to eligible individuals. In addition, NALSA has launched several
initiatives aimed at increasing awareness about the legal aid system and making legal services
more accessible to marginalized communities.

On the other hand, several challenges persist in the provision of free legal aid in India. Some of
the major challenges include:

 Lack of resources: The provision of legal aid services is often hindered by a lack of
resources, including financial resources and a shortage of trained legal aid lawyers. This
has resulted in long waiting lists and a limited ability to provide effective legal
representation to those in need.

 Inadequate awareness: Despite the constitutional guarantee of legal aid, many citizens
in India are still unaware of the legal aid mechanism and the services it provides. This has
led to low utilization of legal aid services, particularly among marginalized communities.

 Quality of legal services: The quality of legal services provided through the legal aid
system has been a matter of concern in recent years. There have been reports of
inexperienced and untrained legal aid lawyers providing substandard legal representation
to clients.

 Access to justice: Despite the provision of legal aid services, many citizens in India still
struggle to access justice due to the complex and time-consuming nature of the legal
system. This has resulted in a large number of people being unable to receive the legal
assistance they need.
The present state of free legal aid is a mixture of positive developments and ongoing challenges.
While there have been some efforts to improve the legal aid system, much more needs to be done
to ensure that all citizens have access to quality and effective legal services.

CHAPTER-IV
The impact of professional ethics on the provision of legal aid

Professional ethics play a crucial role in the provision of legal aid in India. Adherence to ethical
standards helps legal aid providers deliver high-quality legal services that are impartial,
competent, and in line with the values and principles of the legal profession. Ethical conduct
helps to ensure that legal aid providers protect their clients' rights, maintain public trust in the
legal profession, and promote the reputation of the legal system. This, in turn, helps to improve
access to justice and ensure that legal services are delivered fairly and impartially. Professional
ethics also help to ensure that legal aid providers act in accordance with the principles of the rule
of law, which is crucial for maintaining a democratic society and ensuring that justice is served.
In short, professional ethics have a profound impact on the provision of legal aid and are
essential for ensuring that legal services are of the highest quality and in line with the values and
principles of the legal profession.

CHAPTER-V
Challenges faced by legal aid providers in adhering to ethical standards

There are several challenges that legal aid providers face in adhering to ethical standards,
including:

 Limited resources: Legal aid providers often operate in resource-constrained

environments, with limited financial and human resources. This can make it difficult to
provide high-quality legal services and adhere to ethical standards, particularly in cases
that require extensive research, investigation, or travel.

 Conflicts of interest: Legal aid providers may face conflicts of interest when
representing clients with competing interests. For example, a legal aid lawyer may
 represent a client in a criminal case while also representing a victim in a related civil
case. Adhering to ethical standards in such situations can be difficult and requires careful
management of the lawyer-client relationship.

 Pressure from clients: Legal aid providers may face pressure from clients to take actions
that are not in line with ethical standards. For example, a client may ask a legal aid
lawyer to withhold evidence or to present false testimony in court. Legal aid providers
must be able to resist such pressure and maintain their professional integrity.

 Cultural and social biases: Legal aid providers may also face cultural and social biases
that can impact their ability to provide impartial and culturally sensitive legal services.
For example, legal aid providers may hold prejudices against certain groups, such as
women, minorities, or people with disabilities, which can impact their ability to provide
fair and impartial legal services.

 Lack of awareness: Legal aid providers may also face challenges in adhering to ethical
standards due to a lack of awareness about ethical standards and best practices. This can
result in legal aid providers engaging in practices that are not in line with ethical
standards, such as disclosing confidential information or engaging in conflicts of interest

Addressing these challenges requires careful management, including the development of

effective policies and procedures for managing ethical issues, providing training and support to
legal aid providers, and promoting public awareness about the importance of ethical conduct in
the legal profession.
 Conclusion
&
Recommendations

To improve the ethical standards in the provision of legal aid in the country, the Bar Council of
India and the “National Legal Services Authority (NALSA)” can take several steps. They can
develop and enforce ethical codes of conduct for legal aid providers, provide training and
support to legal aid providers, monitor and enforce ethical standards, encourage public awareness
about the importance of ethical standards in the legal profession, and promote pro bono work. By
doing so, the legal profession can help to ensure that legal aid providers deliver high-quality
legal services that are impartial, competent, and in line with the values and principles of the legal
profession. This will help to increase access to justice and promote the rule of law, and ensure
that legal aid providers maintain their professional integrity and serve the best interests of their
clients.

Free legal aid plays a crucial role in ensuring access to justice for marginalized and
underprivileged communities in India. The provision of legal aid is governed by a set of ethical
principles and standards, including professionalism, impartiality, confidentiality, and
competence. However, the challenges faced by legal aid providers in adhering to ethical
standards, such as limited resources, conflicting interests, and lack of awareness and training, can
have a negative impact on the quality of legal services provided.