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1986 DIGILAW 203 (SC)

Centre For Legal Research v. State Of Kerala

1986-05-02

M.M.DUTT, P.N.BHAGWATI, V.KHALID

body1986
Judgment BHAGWATI, C.J.I. = :- This writ petition raises a question as to whether voluntary organisations or social action groups engaged in the legal aid programme should be supported by the State Government and if so to what extent and under what conditions. There can be no doubt that if the legal aid programme is to succeed it must involve public participation. The State Government undoubtedly has an obligation under Article 39A of the Constitution which embodies a directive principle of State policy to set up a comprehensive and effective legal aid programme in order to ensure that the operation of the legal system promotes justice on the basis of equality. But we have no doubt that despite the sense of social commitment which animates many of our officers in the Administration, no legal aid programme can succeed in reaching the people if its operation remains confined in the hands of the Administration. It is absolutely essential that people should be involved in the legal aid programme because the legal aid programme is not charity or bounty but it is a special entitlement of the people and those in need of legal assistance cannot be looked upon as mere beneficiaries of the legal aid programme but they should be regarded as participants in it. If we want to secure peoples participation and involvement in the legal aid programme, we think the best way of securing it is to operate through voluntary organisation and social action groups. These orginisations are working amongst the deprived and vulnerable sections of the community at the grass-root level and they know what are the problems and difficulties encountered by these neglected sections of Indian humanity. They have their finger on the pulse of the people and they know from their own experience as to what are the unmet legal needs of the people, what are the sources of exploitation and injustice to the under-privileged segments of society and what measures are necessary to be taken for the purpose of ending such exploitation and injustice and reaching social or distributive justice to them. We are therefore definitely of the view that voluntary organisations and social action groups must be encouraged and supported by the State in operating the legal aid programme. We are therefore definitely of the view that voluntary organisations and social action groups must be encouraged and supported by the State in operating the legal aid programme. It is now acknowledged throughout the country that the legal aid programme which is needed for the purpose of reaching social justice to the people cannot afford to remain confined to the traditional or litigation oriented legal-aid programme but it must, taking into account the socio-economic conditions prevailing in the country, adopt a more dynamic posture and take within its sweep what we may call Aid Schemes or the State Legal Aid and Advice Board, but we may make it clear that such voluntary organisation or social action group shall not be under the control or direction or supervision of the State Government or the State Legal Aid and Advice Board because we take the view that voluntary organisations and social action groups operating these programmes should be totally free from any Governmental Control. 2. The writ petition will stand disposed of in these terms. Order accordingly. For Citation AIR 1986 SC 1322 = (1986) 2 SCC 706 =(1986) C.W.R. 238=(1986) 2 U.J. (SC) 445=(1986) 3 SCJ 475.