Article 39A of Indian Constitution
📜 Article 39A of the Constitution of India
🔹 1. Text of 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."
🔹 2. Nature of the Article
Article 39A is a Directive Principle of State Policy (DPSP), inserted by the 42nd Amendment Act, 1976.
It is non-justiciable, meaning it’s not enforceable in a court of law, but it provides important guidance to the State in law-making and governance.
🔹 3. Purpose of Article 39A
To ensure access to justice for all — especially the poor, marginalized, or disabled.
It recognizes that real justice isn’t possible if people can’t afford to participate in the legal process.
Promotes substantive equality, not just formal equality.
🔹 4. Implementation: Legal Services Authorities Act, 1987
In line with Article 39A, the Parliament passed the Legal Services Authorities Act, 1987, which:
Established National Legal Services Authority (NALSA).
Provides free legal aid to eligible persons (SC/ST, women, children, disabled, etc.).
Organizes Lok Adalats for quick, informal dispute resolution.
🔹 5. Related Case Law
✅ Hussainara Khatoon v. State of Bihar (1979)
Landmark case on undertrial prisoners.
The Supreme Court held that the right to free legal aid is an essential part of Article 21 (Right to Life) and must be available to all accused who cannot afford a lawyer.
Connected Article 39A directly with Article 21, making legal aid a constitutional obligation.
✅ Khatri v. State of Bihar (1981)
Concerned prisoners blinded in custody.
The Court held that even at the first appearance before a magistrate, the accused must be informed of their right to free legal aid.
The State cannot plead financial constraints as an excuse.
✅ M.H. Hoskot v. State of Maharashtra (1978)
The Court ruled that free legal aid is part of a fair trial, and hence, a fundamental right under Article 21.
Reinforced the idea that Article 39A supports this constitutional guarantee.
🔹 6. Significance of Article 39A
Bridges the gap between law and justice.
Ensures that poverty or illiteracy doesn’t become a barrier to justice.
It reflects the constitutional vision of a welfare state.
Supports both access to courts and equality before law (Article 14).
🔹 7. Summary Table
| Element | Description |
|---|---|
| Article | 39A |
| Type | Directive Principle (Part IV) |
| Introduced by | 42nd Amendment Act, 1976 |
| Core Idea | Equal justice & free legal aid |
| Implementing Law | Legal Services Authorities Act, 1987 |
| Key Cases | Hussainara Khatoon (1979), Khatri (1981), Hoskot (1978) |
| Related Fundamental Right | Article 21 – Right to Life and Personal Liberty |
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