Consider the following statements regarding the right to legal defence for an accused person in India:
- Article 22(1) of the Constitution grants an arrested person the right to consult and be defended by a legal practitioner of their choice.
- The constitutional basis for free legal aid is derived from Article 39-A, which is a Fundamental Right enforceable by courts.
- As per the Uttarakhand High Court's ruling in Kuldeep Agarwal v. State of Uttarakhand (2019), a Bar Association can collectively decide to refuse representation to a particular accused due to the "special circumstances" clause in the Bar Council rules.
Which of the statements given above is/are correct?
Explanation – India's Constitution provides strong protection for an accused person's right to be defended: Article 22(1) guarantees every arrested person the fundamental right to consult and be defended by a legal practitioner of their choice. Article 14 ensures equality before law and equal protection of laws for everyone in India. Article 21 — the Supreme Court has recognised the right to a fair trial as part of the right to life and personal liberty. Article 39A, a Directive Principle of State Policy (not a Fundamental Right), requires the state to ensure justice is not denied to any citizen due to economic or other disabilities. This is the constitutional basis for free legal aid.
What Have Bar Council Rules Said? The Bar Council of India's "Standards of Professional Conduct and Etiquette" state that an advocate is bound to accept any brief in courts or tribunals, at a fee suited to their standing and the nature of the case. The rules do allow refusal in "special circumstances" — but courts have clarified what this actually means. In Kuldeep Agarwal v. State of Uttarakhand (2019), the Uttarakhand High Court held that "special circumstances" apply only to an individual advocate deciding not to take up a case personally. It does not give a Bar Association the power to collectively ban all its members from representing a particular accused.
Explanation – India's Constitution provides strong protection for an accused person's right to be defended: Article 22(1) guarantees every arrested person the fundamental right to consult and be defended by a legal practitioner of their choice. Article 14 ensures equality before law and equal protection of laws for everyone in India. Article 21 — the Supreme Court has recognised the right to a fair trial as part of the right to life and personal liberty. Article 39A, a Directive Principle of State Policy (not a Fundamental Right), requires the state to ensure justice is not denied to any citizen due to economic or other disabilities. This is the constitutional basis for free legal aid.
What Have Bar Council Rules Said? The Bar Council of India's "Standards of Professional Conduct and Etiquette" state that an advocate is bound to accept any brief in courts or tribunals, at a fee suited to their standing and the nature of the case. The rules do allow refusal in "special circumstances" — but courts have clarified what this actually means. In Kuldeep Agarwal v. State of Uttarakhand (2019), the Uttarakhand High Court held that "special circumstances" apply only to an individual advocate deciding not to take up a case personally. It does not give a Bar Association the power to collectively ban all its members from representing a particular accused.