Article 39A of the Constitution of India, forming part of the Directive Principles of State Policy lays down thus:

"39A. 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 schemes 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."

2. Prior to coming into force of the Legal Services Authorities Act, 1987, there was no statutory body for implementation of this policy of providing legal aid to the needy as envisaged in Article 39A. That duty was mainly performed by non-governmental and voluntary organisations apart from the Kerala State Legal Aid and Advice Board, a body constituted by the Government by executive orders. At the time various voluntary and non- governmental organisations engaged in providing legal aid to the needy were not supported by the Government. In fact by a letter dated 28.6.1985 the Secretary to the Government, Law Department, Government of Kerala directed the District Collectors in the State that they need not render any assistance to voluntary organisations to conduct legal aid camps other than the Kerala State Legal Aid and Advice Board. This led to some litigation and some voluntary organizations approached the Supreme Court of India challenging the stand of the Government. The Supreme Court in the decision of Centre for Legal Research v. State of Kerala 1986 SCC (Cri) 246 rendered the following judgment:

"This writ petition raises a queation 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 39-A 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 nto charity or bounty but it is a social 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 people's participation and involvement in the legal aid programme, we think the best way of securing it is to operate through voluntary organisations and social action groups. These organisations are working amongst the deprived as 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 definetely 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 justic