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

Describing legal aid as a moral duty and not merely an act of charity, Chief Justice of India BR Gavai on Sunday said those engaged in this movement must approach their role with view to ensure that the rule of law extended to every corner of India.

Speaking at the valedictory function of a national conference on ‘Strengthening Legal Aid Delivery Mechanisms’ and celebration of ‘Legal Services Day’, CJI Gavai suggested creation of an advisory committee at NALSA and SLSAs, respectively, comprising the current executive chairpersons and two or three future executive heads to ensure continuity in policy planning.

“At the same time, those engaged in the legal aid movement, whether officers, administrators, or volunteers, must approach their role with an administrative imagination. Legal aid is not merely an act of charity but a moral duty. It is an exercise in governance, in ensuring that the rule of law extends to every corner of our country,” he said in the presence of CJI designate Surya Kant, Justice Vikram Nath and other top court and high court judges.

“Before I demit my office in two weeks, I would like to leave a message for all the judicial officers who come on deputation to the legal services authorities. Judicial training often teaches us to maintain a certain distance, to weigh evidence dispassionately, and to apply reasoned judgment. But the work of legal aid demands the opposite sensibility: it requires empathy, collaboration, and the ability to see beyond procedure into the conditions that produce injustice,” CJI Gavai said.

CJI-designate Justice Surya Kant—who will take oath as the 53^rd CJI on November 24 -- said the notion of “access to justice” is not an abstract ideal, rather a sapient right that must be continuously nurtured through institutional strength, professional competence, and compassionate engagement.

Lauding National Legal Services Authority’s (NALSA’s) new initiative Legal Aid Defence Counsel System, he said, it signified a shift from individualised and often fragmented representation to a structured and accountable system of defence.

“Over the course of this conference, what has emerged most clearly is an unequivocal understanding that the notion of ‘access to justice’ is not an abstract ideal, rather a sapient right that must be continuously nurtured through institutional strength, professional competence, and compassionate engagement.

“Each deliberation conducted over this weekend has illuminated a facet of this larger mission, and together they have painted a compelling picture of how far we have travelled and how much further we must go,” he said.

Justice Kant said empanelled legal aid counsels are often the first responders in the legal aid ecosystem, and this session reminded that to bolster the justice delivery system, investment must be made not only in infrastructure and policy, but also in human capital.