Legal Representation: What is Right to Legal Representation?

The right to legal representation is a guaranteed fundamental right in many countries. The right to legal aid can be exercised by an offender during his arrest or trial in the Court. Even if a person is arrested under criminal offence, he has the right to legal representation.

In India, certain persons are entitled to free legal assistance from the Supreme Court Legal Aid Committee. It includes persons with a yearly income of less than Rs.18, 000 or those belonging to Schedule Caste or Schedule Tribe, is a victim of natural calamity, mentally or physically disabled person or a child or woman.

There are a few exceptions to the right to legal representation. For instance, while laws pertaining to the Income Tax Act recognize the right to legal representation, the plea for legal aid can be refused if the matter is very simple. The appearance of a lawyer is restricted under certain statute, such as factory laws. Under the Industrial Dispute Act, the appearance of a lawyer is allowed only after permission from the concerned tribunal. If the statute does not specify the right to legal representation, the decision is left on the discretion of the concerned authority.

Legal Representation: A Case Study on the Right to Legal Representation

In the landmark case of State of A. P .v. Subharajamma, Citation (1989) 1 S. C. C. 197, the advisory board rejected the offender’s plea for representation by a lawyer, based on what was told by several top level police officials in support of the detention. The Supreme Court, however, quashed the detention order.