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wn in every capital case where the accused is unrepresented the trial is vitiated.'

To revive the programme, the Government of India formed an Expert committee for Legal Aid in 1972, under the chairmanship of Justice Krishna Iyer [14] . The committee submitted a report in 1973 on Legal Aid known as the 'Processionals Justice to Poor' [15] . This report came to mark the cornerstone of Legal Aid Development in India. The report dealt with the nexus between law and poverty, and spoke of PIL in this context. It emphasized the need for active and widespread legal aid system that enabled law to reach the people, rather than requiring people to reach the law. The report clearly laid down that it is an obligation of the State to ensure that the legal system becomes an effective tool in helping secure the ends of social justice. [16] 

Justice Krishna Iyer rightly observed that, 'Such a consummation, a proposition to which we are constitutionally dedicated is possible only through an activist scheme of legal aid, conceived wisely and executed vigorously.' [17] Â He even said that Law and Justice cannot be regarded as two separate wings any longer and that it had become necessary that they together work towards restoring the faith of the poor man in the legal system by providing him with adequate legal assistance.

Justice Krishna Iyer regarded the Legal Aid program as a catalyst which would enable the aggrieved masses to re-assert State responsibility under Part IV of the Constitution. He also said that poverty is a creation of unjust institutions and unjust society. Thus the legal aid programme aimed at revamping the socio-economic structure by way of removing the socially unjust institutions and creating a new order based upon the ethos of human liberty, equality and dignity of mankind.

He realised the fact that though the system had been flagged off under the term 'We the people of India' it had no longer continued in the same direction want of procedural formalities had taken precedence over the people at the cost of which justice often suffered casualties

The expert committee appointed under the chairmanship of justice Krishna Iyer has made significant contribution toward the development of the concept of legal aid in India.

A national legal service authority accountable to the parliament but protected from official control was recommended. Simplification of the legal procedure and an emphasis on conciliated settlement outside court has to be the policy of legal aid schemes. The report adopted the three fold test laid down for determining eligibility: Means test- to determine people entitled to legal aid Prima facie test- to determine whether there was a prima facie case to give legal aid or not Reasonableness test- to see whether the defence sought by a person is ethical and moral.

In criminal proceedings the committee is not in favour of guaranteeing legal aid to habitual offenders and in cases, which essentially involve private claims. Regular arrangement for aid and advice to the undertrials was to be provided. A liberalized bail policy which was not to be dependent on financial consideration Legal services were to be extended to investigation as well as post conviction stage. Legal services should also include rehabilitative services. In criminal legal aid, the committee was in favour of salaried lawyers. T本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。