Context:
The Faizabad Bar Association recently resolved not to provide legal representation to the accused in the Ram Temple embezzlement case. The decision has revived discussion on a 2010 Supreme Court judgment, which held that every accused person, irrespective of the nature of the crime, has a fundamental right to be defended by a lawyer.
Explanation:
- Article 22(1) of the Constitution guarantees every arrested person the right to consult and be defended by a legal practitioner of their choice.
- The right to legal representation is an essential component of natural justice, fair trial, and Article 21 (Right to Life and Personal Liberty).
- In A.S. Mohammed Rafi v. State of Tamil Nadu (2010), the Supreme Court held that Bar Associations cannot pass resolutions preventing advocates from defending any accused, calling such resolutions illegal and against professional ethics.
- The Bar Council of India (BCI) is a statutory body under the Advocates Act, 1961, responsible for regulating the legal profession and prescribing Standards of Professional Conduct and Etiquette.
- Under the BCI Rules, an advocate is generally bound to accept a legal brief unless there are valid reasons for refusal, ensuring equal access to justice.
- Indian criminal jurisprudence follows the principle that an accused is presumed innocent until proven guilty, and legal representation is necessary for a fair adjudication.
- Article 39A (Directive Principles of State Policy) directs the State to ensure equal justice and free legal aid, reinforcing access to legal representation irrespective of economic or social status.
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