Chief Justice BR Gavai: Legal Aid Is A Moral Duty And Constitutional Mandate For Justice

Chief Justice of India BR Gavai emphasized that legal aid is a moral duty rather than mere charity, calling for sustained institutional vision in legal services. Speaking at NALSA's 30th anniversary, he proposed advisory committees to ensure continuity in legal aid initiatives and urged judicial officers to approach legal services with empathy and collaboration rather than mere adjudication, highlighting the importance of bridging legal principles with citizens' lived realities.

Legal Aid Not Merely Act Of Charity But Moral Duty: Chief Justice BR Gavai

New Delhi:

Chief Justice of India BR Gavai emphasized on Sunday that providing legal aid transcends charitable acts, representing a moral obligation. He urged those involved in legal aid initiatives to approach their responsibilities with administrative creativity to ensure the rule of law reaches every part of the nation.

During the concluding ceremony of the national conference on 'Strengthening Legal Aid Delivery Mechanisms' and 'Legal Services Day' celebrations, CJI Gavai proposed establishing advisory committees at both NALSA and SLSAs. These committees would include current executive chairpersons and several future executive leaders to maintain consistency in policy development.

"Individuals engaged in legal aid work—whether officers, administrators, or volunteers—must bring administrative imagination to their roles. Legal aid isn't simply charity but a moral responsibility. It represents governance in action, ensuring the rule of law extends throughout our country," he stated.

The Chief Justice further emphasized that those involved should think as justice administrators, strategizing, coordinating, and innovating to ensure that every expenditure, visit, and intervention genuinely helps someone in need.

Gavai highlighted the necessity for legal services authorities to develop and implement their efforts with long-term institutional vision. Currently, he observed that priorities often change with each executive chairperson's limited tenure, bringing diverse ideas but challenging continuity and sustained implementation, as noted during the program organized by NALSA (National Legal Services Authority) marking its 30th anniversary.

"To address this challenge, I recommend creating an advisory committee at both NALSA and SLSAs, consisting of current executive chairpersons and two or three incoming executive chairpersons. This committee could convene quarterly or biannually to discuss and oversee projects with long-term perspective," he suggested during the event, which was attended by CJI designate Surya Kant, Justice Vikram Nath, and other high-ranking judiciary members.

CJI Gavai, who will conclude his term on November 23, reflected that during his tenure as NALSA's executive chairman, he collaborated closely with Justices Surya Kant and Vikram Nath, traveling throughout various regions of India.

"Such an arrangement would help institutionalize vision-based planning and ensure key programs related to justice access, awareness, or digital transformation continue consistently despite administrative changes. It would also foster collaboration among legal services authorities, enabling collective decision-making and shared accountability," he explained.

He added that while leadership may change, the constitutional mandate to provide justice for all citizens remains unchanged. A sustained, coordinated, forward-looking approach is vital to strengthen both reach and resilience in legal aid efforts, the CJI emphasized.

He continued, "Before completing my term in two weeks, I wish to share a message with judicial officers on deputation to legal services authorities. Judicial training teaches maintaining distance, weighing evidence dispassionately, and applying reasoned judgment. However, legal aid requires the opposite: empathy, collaboration, and seeing beyond procedures to understand conditions creating injustice.

"When serving in legal service institutions, we shouldn't merely adjudicate but connect, coordinate with government department officials, build civil society partnerships, and approach citizens with compassion and clarity," he stated.

The CJI noted that throughout his travels, he observed exceptional cooperation from government officials in promoting legal aid and ensuring government benefits reach those in need.

Advocating for dignified treatment of volunteers and legal aid counsel, CJI Gavai emphasized that the sustainability and success of legal aid initiatives depend on these dedicated individuals.

He concluded, "The past three decades demonstrate that when compassion meets commitment, and law meets human experience, genuine transformation becomes possible. Yet our journey remains incomplete. Every citizen who feels unheard or unrepresented reminds us how much further we must go." He added that the challenge involves not only sustaining achievements but envisioning future possibilities.

The CJI called for enhanced collaboration between judiciary, executive, and civil society, utilizing technology without losing human connection, and measuring success not merely numerically but through restored dignity to those served.

"The legal aid movement represents one of the finest expressions of our Constitution's essence, bridging the gap between legal principles and people's lived experiences," he concluded.

Source: https://www.ndtv.com/india-news/legal-aid-not-merely-act-of-charity-but-moral-duty-chief-justice-br-gavai-9603831