4. Violations of Natural Justice and the Right of Due Process entitled to free legal aid.288 While this should cover most FT litigants, systemic barriers persist. Many are unaware of their right to free legal aid. Neither the FTs nor District Legal Services Authorities (DLSAs) conduct active outreach to inform them.289 Moreover, litigants are often not informed of their rights at first appearance, and most engage lawyers privately after receiving notice, unaware that legal aid is an option. However, even engaging private lawyers is a challenge as quality is compromised. There are fewer number of lawyers who practice before FTs due to structural disincentives since many lawyers see FT cases as falling outside both civil and criminal practice, given their hybrid legal character. Often, those who do take them up exploit litigants—taking advantage of their illiteracy and desperation— and do not provide them with effective legal representation. Review of Gauhati High Court cases reveals that legal representation is a persistent concern. In over 91 writ petitions, litigants cited problems with legal assistance at the FT stage: 21 challenged ex parte orders on grounds of lacking legal aid, and 68 claimed their lawyers failed to provide adequate legal representation to them. Despite these challenges being evident through the judicial record, the Gauhati High Court has not taken any steps to increase the availability and improve the quality of legal aid for FT litigants. State Practice on Legal Representation United Kingdom In proceedings before the Special Immigration Appeals Commission (SIAC), appellants may act in person or be represented by a “Special Advocate” or another individual with the Commission’s leave (Special Immigration Appeals Commission Act, 1997).290 Special Advocates are appointed to represent the appellant’s interests in proceedings from which the appellant and their legal representatives are excluded. When no Special Advocate is appointed, either party may request their appointment under Rule 34(4) of the SIAC Rules.291 South Africa Article 35(3) of the Constitution guarantees the right to a fair trial, including the right to have a legal practitioner assigned by the State at its expense, if substantial injustice would otherwise result.292 This provision ensures legal representation is accessible for vulnerable individuals unable to afford private counsel. Nepal Article 20(10) of the 2015 Constitution provides indigent persons with the right to free legal aid,293 as detailed in the Legal Aid Act, 2054 (1997).294 Eligibility is determined based on an individual’s annual income, with an authorized committee assessing requests for legal aid under Section 3(2) of the Act. Kenya Article 50 of the Constitution establishes the right to a fair hearing,295 including the right to choose and be represented by an advocate promptly. Clause (h) further mandates that an accused person must be assigned state-funded counsel if substantial injustice would otherwise result, ensuring equitable access to justice. Sri Lanka Article 13(3) of the Constitution guarantees that any person charged with an offense is entitled to be heard in person or represented by an attorney-at-law, ensuring fair trial rights within a competent judicial framework.296 288 Government of Assam, Legislative Department, ‘Notification No LGL 165/2018/7’ (28 December 2018). CJP Team, ‘Inadequate Legal Aid for NRC Excluded Persons, CJP Moves Guwahati HC’ (Citizens for Justice and Peace, 1 March 2021) <https://cjp.org.in/inadequate-legal-aid-for-nrc-excluded-persons-cjp-moves-guwahati-hc/> accessed 24 June 2025. 290 Special Immigration Appeals Commission (Procedure) Rules 2003 (UK), r 33(1). 291 ibid r 34(4). 292 Constitution of the Republic of South Africa (promulgated on 18 December 1996, commenced on 4 February 1997) art 35(3). 293 Constitution of Nepal 2015, art 20(10). 294 Legal Aid Act, 2054 (1997) (Nepal), s 3(2). 295 Constitution of Kenya 2010, art 50. 296 Constitution of the Democratic Socialist Republic of Sri Lanka (as amended upto 31 October 2022), art 13(3). 289 99