Article 39A of the Indian Constitution is a Directive Principle of State Policy (DPSP) that embodies the constitutional mandate to ensure that the legal system operates in a manner that promotes justice on a basis of equal opportunity. It specifically directs the State to provide free legal aid to citizens who are unable to access justice due to economic or other disabilities. This article is a cornerstone of the constitutional commitment to socio-economic justice and aims to bridge the gap between formal rights and actual access to the justice delivery system.
Inserted into the Constitution by the 42nd Amendment Act, 1976, Article 39A underscores the principle that poverty or disadvantage should not be a barrier to seeking and obtaining justice. It is a recognition that equal opportunity in the pursuit of justice is essential for the effective enjoyment of fundamental rights and for the functioning of a just society.
Original Text
Article 39A. Equal justice and free legal aid.
The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
Detailed Explanation
Article 39A is a crucial Directive Principle of State Policy found in Part IV of the Indian Constitution. It was not part of the original Constitution but was added through the 42nd Amendment Act in 1976, reflecting an increased focus on social justice during that period.
The article places a dual obligation on the State:
- Ensure the Legal System Promotes Justice on Equal Opportunity: This is a broad directive asking the State to constantly review and reform its legal system (including laws, procedures, and institutions) so that it does not inherently disadvantage any section of society and actively works towards providing equal opportunities for everyone to seek and receive justice.
- Provide Free Legal Aid: This is a specific mandate requiring the State to take concrete steps to offer free legal services. The purpose is to ensure that citizens are not deprived of the opportunity to secure justice merely because they are poor or face other forms of disability (like physical disability, gender, social backwardness, etc.) that might hinder their access to legal resources. The provision can be implemented through legislation, schemes, or any other appropriate means.
This article is deeply connected to fundamental rights, particularly Article 14 (Equality before Law and Equal Protection of Laws) and Article 21 (Protection of Life and Personal Liberty), which has been interpreted by the Supreme Court to include the right to a fair trial and the right to live with dignity. Without access to legal representation and the ability to navigate the legal system, these fundamental rights can become meaningless for disadvantaged sections of society. Article 39A provides the necessary constitutional basis for the State to proactively remove these barriers and make justice accessible to all. The enactment of the Legal Services Authorities Act, 1987, is a direct outcome of the mandate under Article 39A, establishing a nationwide network for providing free legal services.
Detailed Notes
- Included in Part IV of the Indian Constitution (Directive Principles of State Policy).
- Inserted by the Constitution (Forty-second Amendment) Act, 1976.
- Objective: To promote social justice and ensure access to justice for all citizens.
- It casts a duty upon the State.
- Directs the State to ensure the legal system promotes justice based on equal opportunity.
- Specifically mandates the State to provide free legal aid.
- Purpose of free legal aid: To ensure opportunities for securing justice are not denied.
- Beneficiaries: Any citizen.
- Reasons for denial of opportunity that need to be addressed by aid: Economic or other disabilities.
- Implementation methods: Suitable legislation, schemes, or any other way.
- Connects DPSPs with Fundamental Rights, particularly Article 14 and Article 21.
- Recognized by the Supreme Court as essential for realizing the promise of justice (social, economic, and political) mentioned in the Preamble.
- Led to the enactment of the Legal Services Authorities Act, 1987.
- The 1987 Act established the National Legal Services Authority (NALSA) at the central level.
- Also led to the establishment of State Legal Services Authorities (SLSAs), District Legal Services Authorities (DLSAs), and Taluk Legal Services Committees.
- These authorities provide free legal services to eligible persons (based on income criteria, categories like women, children, SC/ST, etc.).
- Plays a crucial role in providing legal awareness, counseling, and representation.
- Facilitates Lok Adalats (People’s Courts) for alternative dispute resolution, promoting speedy and cost-effective justice.
Additional Comments
- Although a DPSP and non-justiciable in itself, Article 39A is considered fundamental in the governance of the country and influences legislation and state policies.
- The judiciary, particularly the Supreme Court, has used Article 39A to interpret the scope of fundamental rights, emphasizing that the right to a fair trial under Article 21 includes the right to free legal aid for the poor accused in criminal cases.
- The implementation of Article 39A through the Legal Services Authorities Act, 1987, represents a significant step towards making the right to justice a reality for the disadvantaged sections of society.
- The phrase “other disabilities” in the article is interpreted broadly to include social, physical, and other disadvantages that might prevent a person from accessing the legal system effectively.
Summary
Article 39A is a Directive Principle directing the State to ensure the legal system promotes equal justice and to provide free legal aid to citizens facing economic or other disabilities. This provision, added by the 42nd Amendment, aims to prevent poverty or disadvantage from becoming barriers to accessing justice, thereby upholding the principles of social justice and equal opportunity enshrined in the Constitution. It has been instrumental in the enactment of laws like the Legal Services Authorities Act, 1987, establishing a framework for providing free legal services across the country and strengthening the link between constitutional rights and their practical realization.