Explain the evolution of legal aid in criminal law from pre independence India to post independence India.
Answers
Explanation:
Post-Independence India, Legal aid was held-
Article 39A of the Indian Constitution ensured justice for all and provided for free law aid for the "poor and weaker sections of society". Under "Article 14 and 22 (1)" of the Constitution, it is the responsibility of the state to ensure equal opportunities for all.
The Legal Services Authorization Act was passed in the year 1987 to establish a mechanism to provide competent legal services to the "weaker sections of the society" on the basis of equality. Under this, the "National Legal Services Authority" (NALSA) was formed. Its task is to implement and support legal monitoring programs. Also, it is also its job to provide legal services under this Act.
Explanation:
pre independence judiciary:
The British exploited India’s traditional judicial systems to their own advantage for some time. A need was arisen for dispensing civil as well as criminal matters. And so subsequently in 1772, a civil court (Diwani Adalat) and a criminal court (Faujdari Adalat) was formed in every district by Warren Hastings. The civil court was presided over by a collector, who administered justice with the help of Indian subordinates.
post independence judiciary:
The first move after post-Independence was the abolition of Privy Council. The Indian Constituent Assembly passed the Abolition of Privy Council Jurisdiction Act in 1949 to abolish the jurisdiction of the Privy Council in respect of appeals from India and also to provide for pending appeals.
Presently the Courts in Indian legal system, broadly consist of
1) The Supreme Court at its top
2) The High Courts in the middle
3) The Subordinate Courts