Legal aid to the poor should not become poor legal aid: Supreme Court Justice Atul Chandurkar

Free legal aid extended to poor litigants must meet the same standards of competence and diligence as legal representation secured by well-off litigants, Supreme Court Justice AS Chandurkar observed recently

Emphasising the constitutional dimension of free legal services, Justice Chandurkar said,

"Legal aid to the poor does not mean poor legal aid. There should not be any compromise on the quality of legal aid that is provided to those who cannot have access to the legal system on account of economic or other disabilities.”

The judge made the remark while delivering the keynote address at the 20th edition of a lecture held in memory of Professor SP Sathe at the ILS Law College, Pune.

He added that providing legal aid only for the sake of providing it would serve no purpose at all.

Justice Chandurkar also called for greater participation by senior members of the Bar in extending free legal aid to those in need of it.

“If senior professionals take up one or two legal aid matters in a month, they would not only be rendering human social service but would also be leading by example. The junior members of the bar can thus be guided by them to put in more effort and render meaningful legal aid," he said.

The judge went on to note that on the one hand, there are thousands of capable young lawyers who struggle to establish their practice due to the availability of limited resources, while on the other hand are innumerable litigants who are unable to afford proper legal representation.

He said that efforts must be made to tap the young talent that is available in the form of budding lawyers to strengthen the legal aid system.

Justice Chandurkar reiterated that the right to free legal aid services is an essential part of a reasonable, fair and just procedure, and is implicit in Article 21 of the Constitution.

He further noted that courts have consistently emphasised that when it comes to free legal aid, the quality of legal assistance is also a relevant aspect and the same cannot be compromised.

As he concluded his address, Justice Chandurkar underscored the role and significance of law school clinics.

"A legal aid clinic in a law school serves as a window to students for practical training accompanied by necessity, expertise, and supervision," he noted.

He added that such activities could help future lawyers develop confidence and a clear understanding of social realities while giving concrete effect to constitutional guarantees.