P. N. BHAGWATI, V. KHALID, M. M. DUTT
Centre For Legal Research – Appellant
Versus
State Of Kerala – Respondent
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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 le
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