An Analysis of Legal Aid and Access to Justice in India With Critical Analysis of Role of AI in Criminal Justice System
The blog “An Analysis of Legal Aid and Access to Justice in India with Critical Analysis of Role of AI in Criminal Justice System is written by Mr. Soumik Ash, Asst Prof of MIES R M Law College and Dr Moumita Sarkar, Senior Asst Prof of MIES R.M. Law College affiliated to Vidyasagar University, highlights Access to justice is a foundational element of constitutional democracy and the rule of law. In India, the Constitution guarantees equality before law and equal protection of laws under Article 14, while Article 39A directs the State to provide free legal aid to ensure that justice is not denied due to economic or other disabilities.
Despite constitutional guarantees, millions of citizens continue to face barriers such as poverty, illiteracy, procedural complexity, delay, and inadequate legal representation. At the same time, the Indian justice system is undergoing rapid technological transformation. Artificial Intelligence (AI), machine learning, predictive analytics, and digital platforms are increasingly being introduced into courts, policing, legal research, and prison administration. AI has the potential to democratize legal access, reduce delays, and improve efficiency. However, its use in criminal justice also raises serious concerns regarding privacy, bias, accountability, due process, and constitutional morality. This paper critically examines the framework of legal aid and access to justice in India and analyses the emerging role of AI in the criminal justice system, balancing its promises against ethical and constitutional challenges.
An Analysis of Legal Aid and Access to Justice in India With Critical Analysis of Role of AI in Criminal Justice System
By Dr. Moumita Sarkar, Faculty of Law, AND Soumik Ash, Assistant Professor, MIES R M Law College, Vidyasagar University
At MIES R M Law College, Sonarpur, South Kolkata—one of the leading law colleges in West Bengal—students gain in-depth knowledge of constitutional rights and social justice through its 3-year law program. As a Bar Council of India–approved institution affiliated with Vidyasagar University, the college offers quality legal education in India, supported by an active placement cell, regular internship opportunities, and a well-equipped campus with modern facilities that enhance both academic and professional growth.
Introduction to Role of AI in Criminal Justice System
Access to justice represents the essence of constitutional democracy. It converts the abstract principles of liberty, equality, and fraternity into tangible experiences for everyday citizens. In any legal framework, especially one that operates on an adversarial basis, the assurance of justice cannot be realized unless the involved parties are able to present their cases effectively. Legal aid serves as a practical tool that connects formal legal assurances with substantive justice for marginalized groups. In its absence, the ideals of a fair trial and the right to be heard remain mere aspirations rather than enforceable rights.
Realities facing access to Justice
The justification for legal aid arises from two interrelated realities. Firstly, the law is inherently intricate. Legal proceedings require a specialized understanding of statutes, precedents, evidentiary rules, and procedural standards. To expect an average citizen—especially one who is impoverished, illiterate, or socially marginalized—to navigate these processes without assistance is to predispose them to failure. Secondly, access to justice comes at a high cost. Litigation entails not only the expense of hiring legal representation but also costs associated with court fees, documentation, travel, and lost income during the proceedings. For those in poverty, these obstacles are insurmountable, resulting in their exclusion from the justice system. Legal aid confronts both of these structural barriers by ensuring that a lack of resources does not equate to a denial of justice.
Legal aid serves as a mechanism to transform the concept of “equal justice” into a tangible reality, guaranteeing that the opportunity for a hearing is not reserved for a select few. It should be a right accessible to everyone. This paper will analyze the developments in India, charting its progression into a constitutionally acknowledged and state-supported right. It will also investigate innovative practices from various jurisdictions to showcase different models for facilitating access to justice. The objective is to position legal aid not just as an act of charity, but as an instrument for upholding constitutional principles.
Plight of Poverty is a Predicament to Availing Justice by the Commons.
The prevailing socio-economic conditions indicate that approximately 15.5%[1] of the Indian population lives below the poverty line. According to the World Population Review, this figure is estimated to be 21%. This highlights the reality that a substantial segment of the population lacks the financial means to secure private legal representation. A former Chief Justice of India brought attention to this concern, pointing out that in a nation where 70% of the populace is marginalized, only about 10-12% of criminal cases are addressed by the National Legal Services Authority (NALSA).
He further noted that the remaining marginalized individuals, in urgent need of legal assistance, often resort to mortgaging their properties or selling personal belongings such as jewelry, resulting in severe financial strain that perpetuates a cycle of poverty and injustice. In this context, India’s approach to legal aid is noteworthy. Despite being a developing nation with limited resources, India enshrined the right to free legal aid as a Directive Principle of State Policy in 1976 and, through judicial interpretation, has elevated it to a fundamental right under Article 21. Consequently, the evolution of legal aid in India serves as an important case study on how constitutional guarantees, judicial activism, and legislative frameworks can work together to ensure access to justice.
Importance of Legal Aid in India
When one party lacks representation while the other benefits from the expertise of a trained prosecutor or a professional, it transforms the constitutional right to be heard into a mere theoretical assurance. Legal aid seeks to rectify this imbalance by offering legal representation, thus promoting an equitable environment. The importance of this principle was exemplified by the provision of legal aid counsel to Ajmal Kasab, the prime accused in the 26/11 terrorist attack in Mumbai, ensuring a fair trial and reinforcing the essential element of a strong legal system, which is independent of the nature of the alleged offense. Therefore, legal aid should not be viewed as a social service, but rather as a fundamental requirement for the effective administration of justice.
Directive Principle of State Policy & Legal Aid
This structural recognition was achieved with the addition of Article 39A to the Constitution of India in 1976 through the 42nd Amendment Act. As a Directive Principle of State Policy, Article 39A required the state to ensure that the functioning of the legal system fosters justice based on equal opportunity. Furthermore, it specifically mandated the provision of free legal aid through appropriate legislation, schemes, or other means, to guarantee that no citizen is denied the opportunity to obtain justice due to economic or other disabilities.[2]
Transformation of Legal Aid as DPSP to Fundamental Right
Although the aforementioned amendment established a basis, it was the Supreme Court that raised the provision of legal aid to the level of a fundamental right and interpreted it to encompass the Right to Life and Personal Liberty as outlined in Article 21.
The landmark decision in M.H. Hoskot v. State of Maharashtra,[3] established that the right to legal aid falls under the scope of Article 21, with the court notably stating that it is the “State’s duty, and not Government’s charity.” This pronouncement elevated legal aid from a simple policy guideline to a constitutionally enforceable obligation.
In the case of Sunil Batra v. Delhi Administration4[4], the Supreme Court broadened the definition of legal aid to encompass not only trial and appellate phases but also prison administration. Sunil Batra, a convict on death row, sent a letter to a judge of the Supreme Court expressing his grievances regarding torture and inhumane treatment at Tihar Jail. This letter was subsequently treated as a writ petition under Article 32, prompting the Court to investigate whether prisoners have the right to legal aid in both administrative and judicial contexts. This landmark case expanded the scope of legal aid jurisprudence, emphasizing that access to justice extends beyond the confines of courtrooms.
Right to Speedy Trial & Legal Aid
The doctrinal expansion persisted with Hussainara Khatoon v. State of Bihar,[5] in which the right to a speedy trial was incorporated into Article 21. Furthermore, the court emphatically advocated for a thorough legal service program grounded in the provisions of Articles 14, 21, and 39A.
Building upon the perspective established in Sunil Batra, the broadest interpretation emerged in Khatri v. State of Bihar,[6] where the court broadened the state’s constitutional duty to offer free legal services throughout all phases of the legal process, rather than solely at the trial stage, asserting that a failure to provide such services would “invalidate the trial itself.” This judicial activism established a legally enforceable and strong framework for legal aid that existed prior to formal legislation.
The Legal Services Authorities Act, 1987
This right, mandated by the judiciary, was later put into effect through the enactment of the Legal Services Authorities Act, 1987.[7] The Act established a formal and standardized framework for legal assistance programs aimed at economically disadvantaged groups, thereby creating a legislative foundation for the rights that had already been acknowledged by the judiciary.
Initiative of NALSA & Other Legal Services Authority
The National Legal Services Authority (NALSA) was established under the Legal Services Authorities Act,1987 to offer free legal services to the underprivileged segments of society and to organize Lok Adalats for the amicable resolution of disputes.
NALSA is located at the Supreme Court of India, Tilak Marg, New Delhi – 110001. The NALSA Centre for Citizen Services is situated at Jaisalmer House | 26 Man Singh Road, New Delhi-110011. It operates during office hours on all working days.
In each State, a State Legal Services Authority has been formed to implement the policies and directives of NALSA, providing free legal assistance to the public and conducting Lok Adalats within the State. The State Legal Services Authority is led by the Hon’ble Chief Justice of the respective High Court, who serves as the Patron-in-Chief of the State Legal Services Authority. The most senior Judge of the High Court is appointed as the Executive Chairman of the SLSA.
In every District, a District Legal Services Authority has been established to carry out Legal Services Programmes within the District. The District Legal Services Authority is located in the District Courts Complex of each District and is chaired by the District Judge of that District. A Judicial Officer from the Civil Judge Cadre is appointed as Secretary on a full-time basis.
In India, the Legal Services Authorities Act, 1987, provides the legislative and institutional backbone for the country’s legal aid framework. This Act set the foundation of a robust, hierarchical structure designed to provide free and competent legal services to the weaker sections of society. The overarching body is the National Legal Services Authority (NALSA), which is responsible for implementing the country’s legal aid framework. Below NALSA, the institutional network is comprehensive, ensuring the delivery of services from the national level down to the grassroots.
Toll-Free Helpline Number of NALSA
NALSA runs a toll-free helpline (15100), linking beneficiaries to prompt assistance. Several states have implemented online platforms and mobile applications for case registration, progress tracking, and information access. Technology is progressively recognized as a means to close the awareness gap. As indicated by a Global Study on Legal Aid28 from various countries, one in ten high-income nations reports having a telephone hotline that individuals can call for free legal advice.
AI’s role can be an advantageous method in the analysis and Detection of Crime to facilitate Justice.
- AI is capable of delivering predictive analytics by utilizing historical data and statistical techniques to anticipate forthcoming occurrences. Such analytics can aid in reducing crime rates and enhancing public safety. AI plays an important role in forensics which includes various analysis such as analysis of DNA, analysis to detect cybercrime through email, chats analysis etc. The Government of India is spearheading an extensive AI strategy through the India AI Mission, which emphasizes the development of a self-sufficient AI ecosystem, the establishment of computing infrastructure, and the promotion of innovation aimed at achieving social impact.
- Continuous education and training initiatives are crucial, ensuring that law enforcement officials remain informed about the latest advancements in AI technologies and methodologies. These initiatives can be structured to connect traditional investigative methods with contemporary digital tools, facilitating a smooth incorporation of AI into routine law enforcement operations. AI improves the efficiency and integration of India’s criminal justice system; however, it also poses risks of exacerbating biases and infringing on privacy if not properly regulated. The adoption of AI must be ethical, inclusive, and governed by legal standards to ensure fair justice. AI systems are not perfect, and their technical limitations can lead to mistakes or misinterpretations, highlighting the importance of human oversight.
Conclusion of Role of AI in Criminal Justice System
The evolution of legal aid in India exemplifies the dynamic interaction between constitutional vision, judicial creativity, and legislative innovation. From its initial expression in Hoskot and Hussainara Khatoon to its formal establishment under the 1987 Act, legal aid has transitioned from being a charitable endeavour to a fundamental right. The effectiveness of legal aid does not rely solely on an impeccable legislative or institutional framework. On an international scale, India’s obligations under the ICCPR and the UN Principles on Legal Aid are reflected in Article 39-A and the 1987 Act. However, challenges persist: a lack of awareness, inconsistent quality, and financial constraints. For the right to legal aid to hold significance, the State must not only increase funding but also focus on training, monitoring, and enhancing legal literacy.
Legal aid and access to justice are indispensable components of constitutional democracy. Although India has established a comprehensive legal aid framework through constitutional provisions, judicial activism, and statutory institutions like the National Legal Services Authority, significant barriers continue to impede effective justice delivery. Artificial Intelligence presents both an opportunity and a challenge for the criminal justice system. Properly governed AI can improve efficiency, legal accessibility, research capability, and judicial administration. However, unchecked deployment may undermine fairness, transparency, privacy, and judicial independence. The future of justice in India should therefore not be based on replacing human judgment with machines, but on developing a balanced model where technology strengthens constitutional values rather than weakens them.
MIES R M Law College, Sonarpur, South Kolkata, contribution
AI must remain a tool for human-centered justice, guided by ethics, accountability, and the rule of law. MIES R M Law College, Sonarpur, South Kolkata, contributes significantly to this mission by nurturing future legal professionals who are equipped to address issues of education, social justice, and public policy. As a Bar Council of India–approved law college affiliated with Vidyasagar University, the institution emphasizes both academic excellence and practical exposure, preparing students for careers in law, governance, and advocacy. By fostering awareness and critical understanding of fundamental rights like education, MIES R M Law College plays a vital role in shaping a more just, informed, and inclusive society.
[1] World Bank 2022-23.
[2] S. 39A. of the Constitution of India
[3] (1978) 3 SCC 544; 1978 INSC 137.
[4] AIR 1978 SC 1675; 1979 INSC 271
[5] (1980) 1 SCC 98; 1979 INSC 88.
[6] 1981 SCR (2) 408; 1981 SCR (2) 408.
[7] The Legal Services Authorities Act, 1987
