Kathmandu School of Law Review

P-ISSN : 2091-2110, E-ISSN : 2773-8159, DOI : 10.46985, Publisher : Kathmandu School of Law, Nepal
Annual flagship journal of Kathmandu School of Law, Nepal

Volume 2, Issue 1, April 2013
Articles

Legal Aid System in India and Nepal: An Overview

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  • T .P. Singh
    ,
  • Parihar Vandana
T .P. Singh
Professor of Law and Principal, Rajiv Gandhi College, Bhopal
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Parihar Vandana
LLM (IV SEM) Student, Rajiv Gandhi Law College, Bhopal
Bio

Published 2013-04-30

Keywords

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How to Cite

Singh, T. .P., & Vandana, P. . (2013). Legal Aid System in India and Nepal: An Overview. Kathmandu School of Law Review, 2(1), 60–66. Retrieved from https://kslreview.org/index.php/kslr/article/view/1033

Abstract

Through this Article, an effort is made to understand the existing legal aid system of concerned countries, i.e. India and Nepal. The Constitution of India and the Interim Constitution of Nepal are the sources of social justice and the aim and objective of this Article is to draw focus on them. Both the countries have changed their domestic law to harmonize with international covenants. The co-relation between human rights and the fundamental rights is necessary to a proper social justice. This article assesses the legal aid system of India and Nepal. Legal Aid Act 1997 of Nepal and Legal Service Authority Act 1987 of  India are functioning in the forefront but the soul lies in the Constitution of the respective countries. The article presents comparative legal view on the systems. Likewise, the article attempts to find out the strength and weakness of the Legal Aid System and solutions to overcome the shortcoming of the system.

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References

  1. The Constitution 42nd (Amendment ) Act 1976.
  2. Ellanath Sahu v. State of Orrisa (1990) CLT 358.
  3. ICCPR (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS171.
  4. Danish Institute of Human Right, embassy of Denmark and European Union are the donor.
  5. Hussainara Khatoon v. Home Secretory, State of Bihar SCC (1980) 98.
  6. M.H.Hoskot v. State of Maharashtra AIR (1978) 81.
  7. Indira Gandhi v. Raj Narin AIR (1977) 69.
  8. State of Maharashtra v. Manubhai Pragaji Vashi AIR (1995) 730.
  9. Yagya Murti Banjade v. Bagmati Special Court NLR (1970) 157.