Right to Legal Aid Includes Timely Appeals: Supreme Court Enforces Mandatory Deadlines to End Filing Delays

Case Name: Shankar Mahto v. State of Bihar
Citation: 2026 INSC 369
Date of Judgment/Order: 16 April 2026
Bench: Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh

Held: The Supreme Court held that systemic delays in filing legal aid appeals and Special Leave Petitions violate the constitutional mandate of access to justice under Articles 21 and 39A, and accordingly mandated strict timelines and implementation of a structured Standard Operating Procedure (SOP) for translation, digitisation, and transmission of records, with binding timelines and enhanced digital coordination to ensure timely access to appellate remedies for convicts.

Summary: The matter originated from a death sentence appeal where the Court noticed recurring delays in filing petitions through the Supreme Court Legal Services Committee (SCLSC), particularly affecting indigent convicts. Over multiple hearings, the Court engaged stakeholders including NALSA, High Courts, and legal aid authorities, and appointed an amicus curiae to identify systemic issues. Data revealed delays due to incomplete documentation, lack of coordination between agencies, translation bottlenecks, and inefficiencies in communication and monitoring. The Court traced the constitutional foundation of legal aid to Article 39A and Article 21, reiterating that access to justice must be real and effective. It examined prior jurisprudence affirming legal aid as a fundamental right and emphasized the need for structural reforms. The Court approved a comprehensive SOP formulated through consultations, covering categorisation of cases, mandatory timelines, translation standards, digital integration, monitoring mechanisms, and coordination between courts, legal services authorities, and prisons. The SOP specifically addressed delays in record preparation, translation, and filing processes, with prioritisation of serious criminal cases and incorporation of digital tracking systems.

Decision: The Supreme Court directed all High Courts to consider and implement the SOP, declared the timelines under the SOP as binding for legal aid matters, mandated creation of digital infrastructure and monitoring mechanisms, required incorporation of delay-explanation formats in appeals, and ordered compliance reports from all stakeholders, while continuing to monitor the matter for further directions.