CHETANKUMAR T. M.
ASSISTANT PROFESSOR, RAJA LAKHAMGOUDA LAW COLLEGE, TILAKWADI, BELAGAVI – 590006. KARNATAKA
Introduction
‘[H]is own suit upon his own bottom and at his own expense’. Those who are poor – of small means – can bring their cases at the expense of the state. They can have them conducted by lawyers of their own choice without making any contribution out of their own pocket.[1] Law is one of the most accurate reflections of the social, economic and political principles of the particular era. Law is not eternal, because it is undergoing to the profound changes from time to time. State now places a high priority on the rights to equality, liberty, and justice. The basic responsibility of the state, which serves as society’s welfare organ, is to create an environment in which every individual has the chance to develop his abilities.[2] It is imperative for the state to show special concern for those persons who are unable to protect their rights and interest. [3] Roosevelt the then President of America also have the same view in different words, the state should try hard to establish a social order which should ensure “freedom from wants” and “freedom from for all”[4] After independence, India adopted the concept of welfare, as a result it cannot be indifferent towards legal system. The administration of justice system of the present day lacking more defects especially the expense and causing of the delay in delivering of the justice. To uphold the healthy democratic values, the contribution of legal aid is more, which is based on the principles of equality and dignity. Without legal aid, the rule of law is nothing but a fake slogan and myth.
[1] Lord Denning, What Next in the Law, (London: Butterworths, 1982), p. 92.
[2] S.S Sharma, Legal Aid to the poor, (New Delhi: Deep & Deep Publications, 1993), p. 2
[3] A.V. Dicey, Law and Public Opinion in England, (London: Macmillan & Co. Ltd., 1962), p. 261.
[4] http://www.americanrhetoric.com/speeches/fdrthefour freedoms.htm.