Article 39-a A Brief Overview

Coverage of this Article

Introduction 

-Article 39-A is a provision in the Constitution of India that deals with equal justice and free legal aid.

Merits of Article 39-A

-Access to justice: One of the primary merits of Article 39-A is that it provides for the provision of free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

Limitations of Article 39-A

-Limited scope of legal aid: The legal aid provided under Article 39-A is limited to those who are unable to afford legal services.

Landmark cases of Article 39-A

-Hussainara Khatoon v. State of Bihar (1979): In this case, the Supreme Court of India held that the right to free legal aid is a fundamental right of every person, and that it is the duty of the state to provide free legal aid to those who cannot afford it.

Conclusion 

-Article 39-A of the Constitution of India provides for the provision of free legal aid to those who cannot afford it, in order to ensure that access to justice is not restricted to only the privileged sections of society.

Introduction 

Article 39-A is a provision in the Constitution of India that deals with equal justice and free legal aid. It was inserted by the 42nd Amendment Act in 1976 and came into effect from 3 January 1977. The article states that 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.

The provision is aimed at ensuring access to justice for all, especially the economically and socially weaker sections of society. It recognizes that the cost of legal proceedings can be a major barrier to justice, and seeks to remove this obstacle by providing free legal aid.

The article also lays down certain principles for the legal system, such as that the procedure in courts should be simple and easy to understand, and that every person should be able to defend themselves in court or have legal assistance, if required. Furthermore, the article emphasizes that the state should take steps to organize the legal system in such a way that it is responsive to the needs of the people, and that the resources of the legal system are deployed in an efficient and effective manner. To give effect to the provisions of Article 39-A, the Legal Services Authorities Act, 1987 was enacted. The Act provides for the constitution of legal services authorities at the national, state, and district levels, and for the provision of free legal aid to eligible persons. Article 39-A is a significant provision in the Indian Constitution that seeks to ensure equal access to justice for all citizens, especially those who are economically and socially disadvantaged. Its implementation through the Legal Services Authorities Act, 1987 has been instrumental in providing free legal aid to millions of people who would otherwise have been unable to afford it.

The historical development of Article 39-A can be traced back to the Indian freedom struggle and the post-independence era. The Indian Constitution, which was adopted on 26 January 1950, enshrined the principles of justice, liberty, and equality, and sought to establish a democratic and egalitarian society.

The idea of providing free legal aid to the poor and marginalized sections of society was first proposed by Mahatma Gandhi, who believed that justice should be accessible to all, regardless of their economic or social status. This idea was later taken up by other leaders of the Indian freedom struggle, such as Dr. B.R. Ambedkar and Jawaharlal Nehru.

The provision of free legal aid was also a key recommendation of the Report of the Law Commission of India on Legal Aid, which was submitted in 1956. The report highlighted the need for legal aid to be provided to the poor and marginalized sections of society, who were often unable to access justice due to their inability to pay for legal services.

In 1973, the Supreme Court of India delivered a landmark judgment in the case of Hussainara Khatoon v. State of Bihar, in which it held that the right to free legal aid is an integral part of the right to life and personal liberty under Article 21 of the Constitution. The judgment emphasized the need for legal aid to be provided to all persons who are unable to afford it, and called for the establishment of legal aid committees at the district and taluka levels. Subsequently, in 1976, the Constitution was amended by the 42nd Amendment Act, which inserted Article 39-A into the Constitution. The article provides for the provision of free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. To give effect to the provisions of Article 39-A, the Legal Services Authorities Act, 1987 was enacted, which provides for the constitution of legal services authorities at the national, state, and district levels, and for the provision of free legal aid to eligible persons. The Act has been instrumental in providing access to justice to millions of people who would otherwise have been unable to afford it.

Merits of Article 39-A

Article 39-A of the Constitution of India has several merits, some of which are as follows:

• Access to justice: One of the primary merits of Article 39-A is that it provides for the provision of free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. This ensures that all citizens, regardless of their economic or social status, have access to justice and are able to defend their rights in a court of law.
• Equality before the law: Article 39-A seeks to promote equality before the law by ensuring that legal aid is provided to all citizens, regardless of their economic or social background. This promotes a more just and egalitarian society, where everyone is equal before the law.
• Simplicity in legal procedures: Another merit of Article 39-A is that it emphasizes the need for simple and easy-to-understand procedures in courts. This makes the legal system more accessible and user-friendly, especially for those who may not have a legal background.
• Efficient and effective deployment of legal resources: Article 39-A recognizes that the legal system must be organized in such a way that it is responsive to the needs of the people, and that the resources of the legal system are deployed in an efficient and effective manner. This promotes the efficient use of legal resources and ensures that justice is delivered in a timely and cost-effective manner.
• Protection of fundamental rights: By providing free legal aid, Article 39-A helps to protect the fundamental rights of citizens, such as the right to life, liberty, and equality before the law. This ensures that citizens are able to defend their rights and hold the government accountable for any violations of their rights.

Article 39-A has several merits, including the promotion of access to justice, equality before the law, simplicity in legal procedures, efficient deployment of legal resources, and the protection of fundamental rights. These merits have made a significant contribution to the development of a just and egalitarian society in India.

Limitations of Article 39-A

While Article 39-A of the Constitution of India has several merits, there are also some limitations that need to be addressed. Some of the limitations of Article 39-A are:

• Limited scope of legal aid: The legal aid provided under Article 39-A is limited to those who are unable to afford legal services. This means that those who may not fall within this category, but still face significant barriers in accessing justice, may not be eligible for legal aid.
• Lack of awareness: Another limitation of Article 39-A is that many people who are eligible for legal aid may not be aware of its availability. This can result in a lack of uptake of legal aid services, and may prevent eligible individuals from accessing justice.
• Underfunding: The provision of legal aid under Article 39-A is dependent on government funding, which can be limited in some cases. This can result in a lack of resources for legal aid providers, and may limit the availability and quality of legal aid services.
• Lack of uniformity: The implementation of Article 39-A can vary from state to state, and there may be a lack of uniformity in the provision of legal aid services. This can result in disparities in access to justice for different sections of society, and may limit the effectiveness of legal aid as a tool for promoting social justice.
• Limited access to quality legal services: Legal aid under Article 39-A may not always result in the provision of high-quality legal services. This can result in a lack of effective representation for those who are eligible for legal aid, and may limit the effectiveness of legal aid as a means of promoting access to justice.

While Article 39-A has several merits, there are also some limitations that need to be addressed. These limitations include the limited scope of legal aid, lack of awareness, underfunding, lack of uniformity, and limited access to quality legal services. Addressing these limitations can help to improve the effectiveness of legal aid in promoting access to justice and protecting the fundamental rights of citizens.

Landmark cases of Article 39-A

There have been several landmark cases in India that have helped to shape the interpretation and implementation of Article 39-A of the Constitution of India. Some of these cases are:

• Hussainara Khatoon v. State of Bihar (1979): In this case, the Supreme Court of India held that the right to free legal aid is a fundamental right of every person, and that it is the duty of the state to provide free legal aid to those who cannot afford it.
• Suk Das v. Union Territory of Arunachal Pradesh (1986): In this case, the Supreme Court of India held that the right to legal aid is an essential element of the right to a fair trial, and that the state has a duty to provide legal aid to those who cannot afford it.
• State of Maharashtra v. Manubhai Pragaji Vashi (1995): In this case, the Supreme Court of India held that the state has a duty to ensure that legal aid is provided at every stage of the proceedings, and that legal aid should not be restricted to only certain stages of the trial.
• M. C. Mehta v. Union of India (1987): In this case, the Supreme Court of India held that access to justice is a fundamental right, and that the state has a duty to provide free legal aid to those who cannot afford it.
• State of Punjab v. Jagdev Singh Talwandi (2003): In this case, the Supreme Court of India held that legal aid should not only be restricted to criminal cases, but should also be available in civil cases, particularly in cases involving the poor and marginalized sections of society.

These landmark cases have played a significant role in shaping the interpretation and implementation of Article 39-A of the Constitution of India, and have helped to ensure that the right to legal aid is a fundamental right that is accessible to all citizens, regardless of their economic or social background.

Conclusion 

Article 39-A of the Constitution of India provides for the provision of free legal aid to those who cannot afford it, in order to ensure that access to justice is not restricted to only the privileged sections of society. The article lays down the principle that the state shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

The article also provides for the appointment of legal aid committees at the national, state and district levels, to promote the provision of legal aid services to those who are in need of such services. The committees are tasked with identifying the poor and vulnerable sections of society who are in need of legal aid, and with providing them with the necessary legal assistance.

Overall, Article 39-A seeks to ensure that access to justice is a fundamental right that is accessible to all citizens, regardless of their economic or social background, and that the legal system promotes justice on a basis of equal opportunity.