CHAPTER III
LEGAL AID A CONSTITUTIONAL MANDATE
3.1
INTRODUCTION
The constitution of India has defined and declared the common goal for its
citizens as “to secure to all the citizens of India, justice – Social, Economic and
Political”. The eternal value of the constitutionalism is the rule of law which has three facets i.e. rule by law, role under law and rule according to law. Under our constitution, it is the primary responsibility of the state to maintain law and order so that the citizens can enjoy peace and security. The preamble speaks of justice, social economic and political and of equality of status and opportunity. It points out that protecting the interest of the poorer section of the society is the constitutional goal.
So this very idea of protecting poor people cannot be promoted without the effective, efficient functions of the legal aid programmes and legal literacy programme. The study relates to the Legal Aid provisions in Constitution and in the code of civil and criminal procedures.
3.1.1
Legal Aid Relevant Constitutional Provisions : Preambular
Aspirations and Legal Aid
The preamble79 to the Constitution summarises the aims and objectives of the
Constitution. It is a legitimate aid in the interpretation of the constitution. It put
79
The Preamble of the Constitution of India declares, WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR DEMOCRATIC,
REPUBLIC and to secure to all its citizens: 1JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the _unity and integrity of the Nation
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT,
ENACT
