The right to free legal aid is a fundamental right guaranteed under Article 21 of the Constitution of India. The State is under a mandate to provide a lawyer to an accused person if the circumstances of the case and the needs of justice so required, provided of course the accused person does not object to the provision of such lawyer.

P. S. Mishra, J.

1. Two respondents Jagmohan Singh Toni and Dalip singh have filed two separate applications but similar in contents praying that this Court may modify its order of stay dated 8-9-1989 to permit the Sessions court, Delhi to dispose of and deal with Misc. Applications pending before it and to direct the State of Bihar to pay a sum of Rs.10,000/- per day as counsels fee besides expenses to enable them to be represented by a counsel of their choice.

2. The petitioner has filed a re-joinder stating that any person accused of an offence before a criminal court or against whom proceedings are instituted under the Code of Criminal Procedure may have the right to defend himself by a lawyer of his choice but the court does not come into the picture to give a right of selecting a lawyer of the choice of an accused except under Sec.304 ot the Code of Criminal Procedure, 1973 and that there is no justification, legal or otherwise, for the modification of the impugned order of stay particularly when the case is being heard for final disposal.

3. Respondent No.3, however, has made no such application. A telegram dated 3rd October, 1989, stating that time fixed for hearing the application was too short to make arrangement for appearance and seeking adjournment, however, has been received and kept at ; lage-7.

4. Our constitutional system promotes equal justice Social, Economic and political, is manifest by some Articles including one incorporated in the shape of Article 39-A in part 4 of the Constitution of India. This when introduced by the Constitution (42nd Amendment) Act, 1976 came as a directive principle of State Policy relating to free legal aid stating ;

"equal justice and free legal aid.-The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or scheme or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. " this has been introduced with the obvious and avowed object that the operation of the legal system promotes equal justice. Therefore, free legal aid to those who are in need of such aid and who can not afford the cost of litigation whether on account of economic bankwardness or other reasons is a constitutional promise. The object is to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. Concept of equal justice has been manifest in quite a few Article of Constitution of India including one in Article 21 of the Constitution which state "no person shall be deprived of his life or personal liberty except according to procedure established by law. "

And in Article 14 which states : "the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. " thus the equal protection of the laws and equality before the law, besides action according to procedure established by law to affect any persons life or personal liberty, are constitutional guarantees. To achieve this object the State is obliged to make laws by suitable legislation or frame schemes but in no case can act otherwise which may not secure equal opportunity to some-one who for securing justice may not get necessary funds and if funds are available is otherwise not able to avail the opportunity das to other disabilities. Our laws are for the said reason under gone some changes. Enactments in Sections 303 and the Court, however, has been informed that the State Bar Council has not until now acted to implement Sec.9 (A) of the Advocates Act.

5. There are, however, some voluntary association of Advocate of this court and the State of Bihar who have been extending legal aid as and when possible. A Bench of the Supreme Court in M. N. Hoskot V/s. The State of maharashtra, (AIR 1978 SC 1548) is the authority