Constitution of India Article 39A: What It Says, Why It Exists, and How It Works
Article 39A of the Constitution of India deals with equal justice and free legal aid. It was added in 1976 through the 42nd Amendment. The article says the state must ensure that the legal system promotes justice for everyone, rich or poor, and that no one should be denied legal support just because they can’t afford a lawyer.
This article doesn’t just talk about rights—it pushes the state to actively make legal aid available to people who need it.
What Article 39A Says in Simple Terms
The full text of Article 39A reads:
“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.”
In plain English:
Everyone should have the chance to get justice in court, and the government must make sure that money—or the lack of it—isn’t a barrier.
Why Article 39A Was Added to the Constitution
Before Article 39A, there was no clear direction in the Constitution that said legal aid was a duty of the state. But over time, it became obvious that without free legal help, poor and marginalized people couldn’t fight for their rights in court.
The 42nd Amendment in 1976 brought this article in, as part of a broader push to add more social justice goals into the Constitution’s Directive Principles.
This was especially important in a country like India, where:
- A large part of the population lives below the poverty line
- Legal processes are complex and expensive
- People often don’t even know what their legal rights are
How Free Legal Aid Works Under Article 39A
To carry out this article in real life, the Legal Services Authorities Act, 1987 was passed. It led to the formation of the National Legal Services Authority (NALSA), and state legal aid authorities.
These bodies are responsible for:
- Giving free legal representation to those who can’t afford it
- Spreading legal awareness
- Organizing legal literacy camps
- Offering help in family courts, consumer disputes, labor issues, and more
Eligibility is based on income limits, caste, gender, disability, and other social vulnerabilities.
Who Is Entitled to Free Legal Aid in India
Under the Legal Services Authorities Act, the following groups qualify for free legal aid:
- People with an annual income below the prescribed limit
- Women and children
- Members of SC/ST communities
- Persons in custody or facing trial
- Victims of human trafficking or beggary
- People with mental illness or physical disability
- Industrial workmen in labor disputes
So, if you fall into any of these categories, you have a legal right to free legal services.
Article 39A Is a Directive Principle—So Is It Enforceable?
No, Article 39A is not enforceable in court, because it’s part of the Directive Principles of State Policy. That means it guides the government on what it should do, but it’s not a fundamental right you can demand through a writ.
However, courts have used it to interpret and strengthen the right to equality (Article 14) and the right to life (Article 21). Over the years, Indian courts have made it clear that access to legal aid is now a necessary part of the right to a fair trial.
Why Article 39A Still Matters Today
The gap between rich and poor in access to justice hasn’t gone away. In fact, with delays in the justice system and rising legal costs, Article 39A is even more relevant today.
Legal aid isn’t just charity, it’s a foundation of democracy. And Article 39A sets the moral and constitutional basis for it.
In Summary: What to Remember About Article 39A
- Purpose: Guarantee justice for all, regardless of financial or social status
- Added by: 42nd Amendment in 1976
- Supported by: Legal Services Authorities Act, 1987
- Led to: the creation of NALSA and state legal aid services
- Impact: Made free legal aid a national policy and social duty
