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If any legal system has to ensure equality among the citizens then it is necessary that every citizen is in a position to get his/her rights enforced. If this is not achieved then no matter how well written the laws of a country are they will be discriminatory in nature. Therefore, the concept of legal aid emerged in order to protect the rights of the people who are deprived, disadvantaged and underprivileged. The origin of legal aid can be traced to the lawyer’s movement in Europe in late 19th century to provide pro bono help for the needy.2 In India, the origin of legal aid can be traced in the mass struggle movement for freedom in modern India when Mahatma Gandhi urged the lawyers to represent the Indians pro bono in courts; as they faced major discrimination and problems due to lack of legal knowledge. Since then, various lawyers and jurists have been advocating the concept of legal aid in India. Justice P.N. Bhagwati and Justice V.R. Krishna Iyer deserve a special mention as being two of the major proponents of legal aid in India. In the year 1976, 42nd amendment Act was introduced which brought Article 39A under the Directive Principles of State Policy. Article 39A under the Indian Constitution provides for the concept of legal aid in India. In 1987, Legal Services Authority Act was introduced which gives the structure and functions of the legal aid functionaries. Although the concept of free legal aid is a laid 1 John Rawls, A Theory of Justice (Universal Law Publishing Co. Pvt. Ltd., Delhi, 2000). 2 Sir Henry Brooke “The History of Legal Aid 1945-2010” available at: https://www.fabians. org.uk/wp-content/uploads/2017/09/Bach-Commission-Appendix-6-F-1.pdf (Last visited on December 20, 2018). 2 134 123993/2019/NM down principle, the reality is quite different. It is very crucial to review a policy after a uniform tenure to make it fitting for the altered circumstances and wants. For this, research in the area of policy making becomes an essential and a vital step. Therefore, University School of Law and Legal Studies (USLLS), Guru Gobind Singh Indraprastha University (herein after referred as implementing agency) undertook an action-based research on “Analysis of functioning of Legal Aid Cells in various law schools/ university departments/ private universities.” (herein after referred as “Research Project”) under the ‘Scheme for Action Research and Studies on Judicial Reforms’ of the Department of Justice, Ministry of Law and Justice, Government of India [herein after referred as “Department of Justice” (DoJ)]. The research study analysed the functioning of the legal aid cells by looking into the impact of digitization on the framework and probing into the feasibility of a mandatory certification process of law schools. The Research Project aimed at finding out the ground realities and limitations of these legal aid clinics by visiting a few selected States3 and whether these clinics are actually successful in imparting justice to those who fit the eligibility criteria for receiving free legal aid services. In this study, the methodology (the steps taken as to how to go about the research) of the project undertaken, the findings (as to the analysis of the answers to the questionnaires), the ground realities and analysis are deliberated in detail. 1.2 Research Objectives The research project was undertaken to find out the status of legal aid in the States of Delhi, Uttar Pradesh, Punjab and Himachal Pradesh and their 3 Delhi, Uttar Pradesh, Punjab, Himachal Pradesh. 3 135 123993/2019/NM respective law schools (selected) with an objective to find out the ways to improve it. With the detailed study of the mechanisms used in the legal aid clinics, the research aimed to find out the ground realities, the existing bottlenecks in the system and to suggest an efficacious framework for their development. The role of the advocates, the High Courts of the concerned States and the educational institutions in imparting justice through free legal aid services were probed as a part of this research project. The study also explored the possibilities of introducing a mandatory certification process for law schools and how digitisation can play an imperative role in increasing their effectiveness. The primary objectives of the Research Project in a concise manner are set out below: 1. To analyse the functioning of Legal Aid Cells with respect to framework of improvement of access to justice: Whether the formation of these cells have resulted in any visible and concrete changes as to the access of justice to those eligible and in need for it; and whether the present framework is efficacious enough to make its way forward in the whole of the country. 2. To look into the impact of digitisation on this framework mechanism: Whether digitisation is a contributing factor in bringing out improvement in bridging the gap between the justice accessibility and the downtrodden by helping the sufferers economically. 3. To look into the feasibility of a mandatory certification process for law schools by regulatory authority that can aid in better access to justice: Whether the mandatory certification process in the law schools by the regulatory authority of legal aid will be helpful in reaching its optimum efficiency by imparting the access to justice in an efficient manner. Upon the success of achieving the above objectives, it was found that the mechanism of the legal aid cells in all the States concerned can become more effective once the awareness programmes regarding the existence of this 4 136 123993/2019/NM system are increased to a wider number of people who are eligible for receiving these services along with satisfying the monetary needs of these clinics. It was also visualized that although the advocates associated with the legal aid primarily supported the inclusion of digital modes of communication with their clients, the litigating parties on the other hand, who were mostly illiterate in terms of technology, did not have an idea as to whether digitisation will actually prove to be beneficial for them or not. An attempt was also made in finding to submit the Standard of Procedure (SoP) so that the law schools, their students, lawyers as well as the litigating parties could comprise a larger area of research study to diversify the project responses. 1.3 Research Methodology The methodology of this Research Project is partly doctrinal and partly empirical. The doctrinal research was carried out by studying various reports by the State Legal Services Authority (SLSA), National Legal Services Authority (NALSA), various Non- Governmental Organisations (NGOs) and different Law Schools who have published their annual reports on the functioning of their legal aid cells. The empirical research, on the other hand, involved visits to various law schools, and the functional legal aid cells in the 4 States selected, along with the interaction with various advocates associated with the panel of legal aid by visiting them in the Legal Aid Office in the respective district courts. The litigating parties who are presently seeking or had in the past, availed the free legal aid services for any purpose, were also questioned for the successful completion of this research project. Based on empirical data collected, a comparative analysis of functioning of legal aid clinics in various law schools (National Law Schools, Central, State and private universities), situated in four North Indian States and having 5 137 123993/2019/NM functional legal aid cells was made. The four States covered under this Research Project were: 1. Delhi 2. Uttar Pradesh 3. Punjab 4. Himachal Pradesh The intention was to represent the whole of North India, keeping in mind the feasibility of the region. As Jammu and Kashmir was not feasible, Himachal Pradesh was chosen to represent a hilly area. Delhi, the capital city of the nation is a legal hub and thus, represents the heart of the country, which makes it the perfect city for the present research. As Uttar Pradesh is the largest State of India in terms of population, and had also been the parent State of Uttarakhand, it was chosen for the study. Finally, Punjab being one of the prosperous states was considered apt for this project. Moreover, since all the three States i.e. Punjab, Himachal Pradesh and Uttar Pradesh are the closest to the capital city Delhi, it made it ideal to shortlist them for this Research Study. For the carrying out of this research, various activities were undertaken by the implementing agency, which are herein divided into various stages: Stage 1: Constitution of the Project Implementation Committee and approval by the competent authority GGSIPU.