Legal aid not merely act of charity but moral duty: CJI Gavai

Chief Justice of India BR Gavai has emphasised the need to transform India’s legal aid system through stronger institutional continuity, administrative imagination, and a deeper commitment to justice for the most vulnerable. Speaking at the valedictory event of the national conference on “Strengthening Legal Aid Delivery Mechanisms,” held alongside the celebration of Legal Services Day, the CJI stressed that legal aid must not be viewed as an act of charity but as a moral duty central to democratic governance.

Addressing judges, administrators, and legal aid practitioners assembled under the banner of the National Legal Services Authority (NALSA), the Chief Justice said the rule of law can only be realised when every citizen, regardless of economic or social standing, has meaningful access to legal remedies. Legal aid, he said, is an essential component of that guarantee, and those engaged in its delivery must approach their responsibilities with the seriousness of public administrators and the empathy of social workers.

CJI Gavai highlighted that the legal aid movement demands far more than sporadic interventions. It requires sustained, innovative, and well-coordinated institutional action. In his view, legal aid officers, volunteers, and administrators must think beyond routine procedures and adopt what he described as “administrative imagination”—a willingness to plan strategically, coordinate across institutions, and innovate in service delivery. Every rupee spent and every intervention made, he added, must uplift someone in need and strengthen public trust in justice institutions.

A major portion of his speech was devoted to addressing structural limitations that impede long-term progress within NALSA and the State Legal Services Authorities (SLSAs). One significant challenge, he explained, stems from the limited tenures of executive chairpersons, whose priorities naturally reflect short-term goals. While the influx of fresh ideas is beneficial, it disrupts continuity and delays sustained implementation. To counter this, the CJI proposed the establishment of a new advisory committee at both NALSA and the SLSA level.

This committee, he said, should comprise the current executive chairpersons as well as two or three future or incoming chairpersons. Meeting quarterly or biannually, such a body would ensure consistent oversight of long-term projects, facilitate smooth transitions, and preserve institutional vision even as leadership changes. This model, he added, could institutionalise long-range planning across key areas of legal aid—whether enhancing access to justice, strengthening public legal awareness, or advancing digital transformation within the justice delivery system.

Reflecting on his own tenure as NALSA’s executive chairman, CJI Gavai recalled working closely with Justices Surya Kant and Vikram Nath, travelling across the country and observing legal aid efforts firsthand. He underscored how collaborative leadership can improve consistency and accountability, fostering an environment in which major programmes are not disrupted by administrative turnover. Both Justice Surya Kant—now the CJI designate—and Justice Vikram Nath were also present at the event, along with several judges of the Supreme Court and high courts.

The Chief Justice’s remarks also focused on the broader philosophy that should guide legal aid practices. He noted that judicial officers deputed to legal services institutions often carry with them habits shaped by courtroom adjudication—distance, detachment, and strict procedural reasoning. While essential inside courtrooms, these qualities can become obstacles in legal aid settings. Here, he stressed, the work requires empathy, collaboration, and the ability to recognise the social conditions that give rise to injustice.

He urged officers serving in legal services institutions to embrace a different sensibility: to connect with citizens, coordinate effectively with government departments, build partnerships with civil society, and communicate with clarity and compassion. Legal aid, he said, is not about judging, but about guiding and supporting people who may be intimidated by the legal system or unaware of their rights.

CJI Gavai also acknowledged the cooperative role played by government officials in advancing legal aid initiatives. Wherever he travelled, he said, he observed strong support from district administrations in ensuring government schemes reached the most vulnerable. Such cooperation, he added, is critical to the functioning of legal services authorities, which act as bridges between citizens and state institutions.

A significant portion of his speech was devoted to recognising the contributions of volunteers and legal aid counsel. These individuals, he said, form the backbone of the legal aid movement. Their commitment and perseverance often determine whether people in remote or marginalised communities receive meaningful assistance. He called for treating them with dignity, respect, and institutional support, noting that the sustainability and credibility of the legal aid system depend heavily on their efforts.

As NALSA marks its 30th year, the Chief Justice observed that the journey of the legal aid movement has shown how transformative justice can be when compassion aligns with commitment. Yet, he noted that much remains to be done. Every citizen who feels unheard or unrepresented, he said, is a reminder of the distance the justice system must still travel. The task now is not only to preserve the gains of the past but also to envision new ways of strengthening access to justice in a rapidly changing society.

Looking ahead, CJI Gavai called for deeper collaboration between the judiciary, the executive, and civil society. He emphasised the need to harness technological tools to improve outreach and efficiency, but without losing sight of the human element that lies at the heart of legal aid. Progress, he said, must be measured not merely by statistics or numbers of cases handled, but by the dignity restored to individuals who seek help.

He concluded by describing the legal aid movement as one of the most powerful expressions of the Constitution’s vision of justice. It stands, he said, as a bridge between the letter of the law and the lived realities of ordinary people. To strengthen this bridge, legal services institutions must cultivate continuity, empathy, administrative capability, and a commitment to serving those who have been historically excluded from the justice system.

As CJI Gavai prepares to demit office on November 23, his remarks served as both a reflection on the progress of the legal aid movement over the past three decades and a roadmap for ensuring that the promise of equal justice becomes a lived reality for all.

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