BAR COUNCIL OF PUNJAB & HARYANA SEEKS ROLLBACK & REVIEW OF LEGAL AID DEFENCE COUNSELS (LADCS) SCHEME IN STATES OF PUNJAB, HARYANA & U.T. CHANDIGARH
The Voice of Chandigarh News
The General House Meeting of the Bar Council of Punjab and Haryana was held at Law Bhawan, Sector 37-A, Chandigarh, regarding the Legal Aid Defence Counsel System (LADCS) whereby all members unanimously committed to free and effective legal aid as a constitutional obligation. At the same time, the Council expressed serious concern that the present structure and implementation of LADCS has created a parallel State-funded criminal defence mechanism which has adversely affected the independent Bar by diverting substantial criminal work, particularly in smaller districts, reducing opportunities, concentrating legal aid work in a limited number of salaried defence counsels, and diminishing the role of traditional legal aid panels. Bar Council noted that the Legal Aid Defence Counsel System (LADCS) is presently handling approximately 10–18% of the criminal cases instituted annually in several districts of Punjab, with thousands of criminal matters being represented each year by salaried Legal Aid Defence Counsels. The House observed that this has resulted in a substantial diversion of criminal litigation away from the independent Bar, disproportionately affecting young advocates who traditionally build their practice through trial court work. It was further noted that, in the absence of any stipend or financial support scheme for advocates during the formative years of practice, the existing LADCS framework has had a severe adverse impact on the livelihood and professional growth of the younger members of the Bar. Bar Council further noted concerns regarding institutional advantages, eligibility verification, concentration of ancillary criminal work, and the absence of meaningful consultation with Bar Councils and Bar Associations prior to the implementation of the scheme.
While resolving to meet concerned quarters to place the concerns of the legal fraternity before them, it was resolved to request an immediate review and rollback of the existing LADCS framework, recommend withdrawal of the present structure after comprehensive consultation with Bar Councils and Bar Associations, restore and strengthen the traditional panel advocate system with rotational inclusion of young advocates, and ensure equitable distribution of legal aid work amongst practising advocates while preserving effective access to justice. A Sub-Committee comprising Karanjit Singh, Karamjeet Singh, Sharmila Sharma, Gurtej Singh Grewal, Dr. Vijender Singh Ahlawat, Dayal Pratap Singh Randhawa, Rajni Nanda and Amarjit Kaur with Rakesh Gupta, Amit Rana and Harpreet Singh Multani was constituted to pursue the matter before the appropriate authorities.
Following the meeting, the Sub-Committee of the Bar Council met Hon’ble Mr. Justice A.K. Mishra, Acting Chief Justice of the Punjab and Haryana High Court, and placed the concerns before him.
The Legal Aid Defence Counsel System (LADCS) is a legal aid model introduced by the National Legal Services Authority (NALSA) to provide free legal representation in criminal cases to persons who are eligible under Section 12 of the Legal Services Authorities Act, 1987. It follows a public defender model, under which full-time, salaried lawyers are appointed by the District Legal Services Authorities exclusively to handle criminal legal aid matters, from the stage of arrest and remand to trial, appeal and regular prison visits. Unlike traditional legal aid panel advocates, LADCS lawyers are not permitted to maintain private practice and are supported by a dedicated office and administrative staff. The scheme was initially introduced as a pilot project in 2020 and was later expanded across the country under the Modified LADCS Scheme, 2022. The Legal Aid Defence Counsel System (LADCS), initially introduced as a pilot project in 17 States/UTs (and made functional in 13 States), has since been expanded nationwide and is presently operational through approximately 680 district LADC offices across 37 States and Union Territories under the aegis of NALSA.
