Chief Justice of India B R Gavai said on Sunday that “legal aid is not just an act of charity but a moral duty” and “an exercise in governance, to ensure that the rule of law extends to every corner of our country”.
Speaking at the valedictory function of the National Conference on “Strengthening Mechanisms for the Delivery of Legal Aid”, organized by the National Legal Services Authority (NALSA), the CJI said that “the legal aid movement stands as one of the finest expressions of the spirit of our Constitution, as a bridge between the letter of the law and the lived reality.”
Addressing the event, NALSA CEO and CJI-appointed judge Surya Kant said, “The idea of ‘access to justice’ is not an abstract ideal but a rational right that must be continuously nurtured through institutional strength, professionalism and compassionate engagement.”
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Justice Kant said NALSA had evolved “from a body of law into a symbol of constitutional sympathy.”
The CJI said that “legal services authorities should actively collaborate with academic institutions, research organizations and professional bodies to conduct regular social audits of our schemes and interventions” because “such partnerships can help… assess not just how many people we have reached, but how deeply and effectively our interventions have improved their lives”.
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Emphasizing the need for a shared, long-term institutional vision while conceptualizing and implementing legal services authorities, CJI Gavai said that “at present, much of our planning is often shaped by the tenure and priorities of individual CEOs, each of whom may have only a limited period to conceptualize and implement initiatives.” “While this leads to diversity of ideas, it also makes continuity and sustainable implementation a challenge,” he added.
To address this problem, the CJI proposed “establishing an advisory committee in the NALSA and SLAs (State Legal Services Authorities) respectively, consisting of the current CEOs and two or three future or upcoming CEOs. This committee could meet quarterly or every six months to discuss and oversee projects from a long-term perspective.”
“Such an arrangement would help institutionalize vision-based planning and ensure that key programmes, whether related to access to justice, awareness or digital transformation, are implemented continuously, regardless of administrative changes,” he said.
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The CJI noted that while “judicial training often teaches” judges “to maintain a certain distance, weigh evidence impartially, and apply reasoned judgment,” legal aid work requires the opposite sensibilities: empathy, cooperation, and the ability to see beyond procedures to circumstances that produce injustice.”
He advised judicial officers who come to legal services bodies to realize that “their role is not to adjudicate cases, but rather to communicate and coordinate with officials from government departments, build partnerships with civil society organizations, and communicate with citizens with empathy and clarity.”
“…We must learn to listen before we act, to facilitate rather than to direct, and to see ourselves not as authority figures but as partners in the shared task of achieving justice for those who have too long been excluded from the scope of justice…” the ICJ said.
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Recalling his visit to Manipur, where ethnic clashes broke out in May 2023, in his capacity as CEO of NALSA along with some colleagues, CJI Gavai said: “We went to the Meitis and Kukis refugee camps, and we are happy to see a smile on their faces.”
