What Is Article 39a Of The Indian Constitution?

To ensure that all citizens have access to justice, Article 39A requires the State to offer free legal aid. Legal assistance is defined as "such legal aid" as the state may offer in accordance with the Legal Services Authorities Act of 1987 or any other currently in effect statute. Thus, the only restriction on the right to free legal aid is the amount of money the government makes available in any given year.

The State must make sure that the operation of the legal system promotes justice on the basis of equal opportunity in order to guarantee that no citizen is denied the chance to pursue justice owing to financial or other limitations. Particularly, the State is required to offer unrestricted access to legal representation through suitable policies, initiatives, or other means.

Poverty and illiteracy are major problems in India. This is a significant barrier to accessing justice. Many people are unaware of their legal rights; in other cases, they may be aware of them, but because of their precarious situation, they are unable to approach a court of law. Legal assistance is a tool for everyone to have access to justice. Legal assistance is offered to the impoverished, illiterate, and uneducated.

Article 39A is required.

When the Indian constitution's draft was being created, it was decided not to include Article 39A. By the time the Constitution went into effect, however, it was clear that this item was missing. Article 39A needs to be viewed as a step in a process rather than as a means in and of itself if the objective of providing legal aid to everyone is to be achieved. The goal is to provide everyone with equal justice and opportunity under the law without discriminating on the basis of religion, race, caste, or sex.

Features of Article 39A of the 42nd Amendment (Free Legal Aid):

It establishes the right to seek legal assistance and states that it is the state's responsibility to protect that right.
Legal remedies cannot be used effectively without access to legal aid. Any real resolution of complaints must start with access to justice. all affected persons whose entitlement to legal aid is refused will have no voice in the matter, and all attempts to remedy the situation will be ineffective.
According to Article 39 A, free legal assistance should be offered at a reasonable cost, taking into account the time and place. This indicates that the government and the person in question must agree on the appropriate charge amount. Only after that can it provide the right conditions for access to happen in that specific area.
It must be kept in mind that only those who need it have the right to free legal assistance. A lawyer will be appointed as amicus curiae to represent litigants in person when they are unable to hire an attorney and are not eligible for free legal aid.
The Supreme Court has made it clear that providing free legal aid is not a need for the state in all circumstances and that it would depend on whether it was provided by the federal or state governments. There should be no consideration for any other use for any additional award made according to Article 39A other than the provision of legal aid.

What is covered under Article 39A?

It requires the Indian government to establish a national legal aid authority as well as regional authorities for each state and union territory. The National Legal Services Authority (NALSA) shall be the name of the national authority, and the State Legal Services Authority (SALSA) shall be the name of all other authorities. The National Legal Services Authority will help other state legal services agencies set up their state-level legal services committees.

These Authorities will be established to offer free legal assistance to the less fortunate members of society and those with impairments. For those who are unable to pay for their own legal representation, the authority will also offer free assistance. The authority will be in charge of defending and advancing everyone's rights to free legal assistance.

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