Right to Legal Aid Is a Fundamental Right: SC Reiterates the Obvious
- ByAdmin --
- 09 Apr 2025 --
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In a powerful 2025 verdict, the Supreme Court reaffirmed that access to a lawyer is not charity — it’s a fundamental right.
Especially for the poor and marginalized, legal aid isn’t a choice—it’s a necessity.
The Case
A man convicted of a serious offence later revealed he had no legal counsel during the trial. He couldn’t afford one, and the court didn’t assign one.
That single lapse violated his entire trial.
What the Court Held
• Article 39A of the Constitution mandates free legal aid for those who can’t afford it
• A trial without legal representation is a mockery of justice
• Courts must proactively ensure that undertrials have access to defence lawyers
What This Means for India
• Court staff and Legal Services Authorities will now face tighter scrutiny
• Undertrials and convicts have new grounds for appeal
• NGOs and law colleges may play a bigger role in pro bono access
Justice must not be sold. It must be served.
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