4. Violations of Natural Justice and the Right of Due Process 4.2.2 Legal Aid As of January 2025, there were 85,162 cases pending before the FTs in Assam.279 With new references and remanded cases adding to the backlog, FT matters account for about 14% of Assam’s total pendency—nearly equivalent to all other civil cases combined (17%).280 This scale of adjudication makes access to effective legal aid critical, both for institutional efficiency and for upholding fair trial guarantees. Article 39A of the Constitution mandates the State to provide free legal aid to ensure that no citizen is denied justice due to economic or other disabilities. The Supreme Court has recognised this as part of the right to life under Article 21,281 and held that the right to legal aid extends to foreign nationals.282 In Suk Das v. Union Territory of Arunachal Pradesh, the Supreme Court elaborated that the State has a duty to inform persons facing deprivation of liberty of their right to legal aid.283 Given that a finding of non-citizenship can result in detention or deportation—restrictions that directly engage the right to life and personal liberty—this right is even more crucial. The Gauhati High Court has even affirmed that this right applies to FT proceedings.284 International law underscores the same principle. Article 14(3)(d) of the ICCPR requires states to provide free legal assistance where interests of justice so demand.285 General Comment No. 32 encourages extending this guarantee to non-criminal matters where legal aid is essential for access to justice.286 Similar protections are found in Article 6(3)(c) of the European Convention on Human Rights, Article 8(2)(e) of the American Convention on Human Rights, and Article 7(1)(c) of the African Charter. 98 Despite these clear obligations, most defendants in FTs—largely poor, landless, illiterate persons engaged in subsistence labour—remain without meaningful legal assistance. There are formal barriers to availing State legal aid since there is no structured manner to approach lawyers practicing FT cases. The bifurcation of DLSA empanelment into civil and criminal panels leaves no clear pool of lawyers for FT cases. The Legal Aid Defence Counsel Scheme (2022) establishes a public defender system for criminal cases,287 but excludes FT matters. There is also no public record of FT-specific empanelled lawyers, leaving litigants with no information on whom to approach. Statutorily, under Section 12(h) of the Legal Services Authorities Act, 1987, persons earning below ₹300,000 annually—and groups like SCs, STs, women, children, and victims of ethnic violence—are 279 Assam Legislative Assembly, ‘Report on Demands for the Grant No. 19 for the year 2025-26’ (n 7). ‘National Judicial Data Grid - Assam, India’ <https://njdg.ecourts.gov.in/njdg_v3//?p=home/index&state_code=18~6&dist_code=&app_ token=0102acb6ada374427c541d3d85b0454681361f0396d11726f52dd9ed845a9973> accessed 24 June 2025. 281 Hussainara Khatoon v. State of Bihar (1980) 1 SCC 81 [7]. 282 Mohd. Hussain @ Julfikar Ali v. NCT of Delhi (2012) 9 SCC 408; Ajmal Kasab v. State of Maharashtra (2012) 9 SCC 1. 283 Suk Das v. Union Territory of Arunachal Pradesh (1986) 2 SCC 401; Khatri and Others (II) v. State of Bihar (1981) 1 SCC 627. 284 In Shariful Islam @ Soriful Islam v. Union of India WP(C) 2780/2019 (Gauhati High Court, 7 June 2019) a Division Bench of the Gauhati High Court observed that access to justice was a fundamental right of the persons against whom reference was made to the FTs. The Gauhati High Court, in the case of Swapan Kumar Dey v. Union of India WP(C) 5648/2009 (Gauhati High Court, 10 September 2013) filed against the order of the FT for non-consideration of material documents to prove citizenship, not only set aside the order and directed a fresh hearing, but also directed the State to provide legal aid to the proceedee in case the proceedee could not afford to engage any counsel. 285 ICCPR (n 235) art 14(3). 286 HRC, ‘General Comment No. 32’ (n 47) para 10. 287 National Legal Services Authority, ‘Legal Aid Defense Counsel Scheme 2022’ (2022) <https://kslsa.kar.nic.in/pdfs/NALSA_schemes/12. Legal%20Aid%20Defence%20Council%20Scheme_2022.pdf> accessed 24 June 2025. 280