Railway · Defence
Which Article of the Constitution provides for 'equal justice and free legal aid'?
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Answer: Option A — Article 39A
Detailed Solution
Article 39A is a Directive Principle of State Policy. It was added to the Constitution by the 42nd Amendment Act, 1976. It says that the State shall secure that the operation of the legal system promotes justice on the basis of equal opportunity, and shall provide free legal aid, by suitable legislation or schemes, to ensure that opportunities for securing justice are not denied to any citizen because of economic or other disabilities.
The idea behind this Article is that justice should not depend on a person's ability to pay for a lawyer. Poor and disadvantaged people should be able to defend themselves and claim their rights in courts.
To give effect to Article 39A, Parliament passed the Legal Services Authorities Act, 1987, which came into force on 9 November 1995. Every year, 9 November is observed as National Legal Services Day. Under the Act:
The National Legal Services Authority (NALSA) was set up at the national level. The Chief Justice of India is its Patron-in-Chief, and the senior-most judge of the Supreme Court after the CJI is its Executive Chairman.
State Legal Services Authorities, District Legal Services Authorities and Taluk Legal Services Committees work at lower levels.
Free legal services are available to women, children, members of SCs and STs, victims of trafficking, people with disabilities, industrial workers, people in custody and those below a certain income level.
Lok Adalats (people's courts) settle disputes through compromise; their awards are final and binding, and no appeal lies against them.
The Supreme Court has also held, in cases such as Hussainara Khatoon (1979), that free legal aid to poor accused persons is part of the right to life and personal liberty under Article 21.
Why not the other options?
- ✗Article 39 lists principles such as equal pay for equal work and preventing concentration of wealth.
- ✗Article 41 deals with the right to work, education and public assistance.
- ✗Article 43A, also added in 1976, deals with workers' participation in management of industries.
Quick tip
Remember: Article 39A = equal justice and free legal aid (added by the 42nd Amendment), Legal Services Authorities Act 1987, NALSA, Lok Adalats and Legal Services Day on 9 November.
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DPSP & Fundamental Duties — Preparation
This question tests your understanding of DPSP & Fundamental Duties, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.
This topic covers the Directive Principles of State Policy in Part IV (Articles 36-51), borrowed from the Irish Constitution, and the Fundamental Duties in Part IV-A (Article 51A), added on the recommendation of the Swaran Singh Committee by the 42nd Amendment in 1976. Questions often ask which article contains a directive (Article 44 on a uniform civil code, Article 40 on village panchayats, Article 45 on early childhood care), how DPSP differ from Fundamental Rights (they cannot be enforced in court), and how many Fundamental Duties there are now (eleven, after the 86th Amendment added the eleventh in 2002). Practise the DPSP and Fundamental Duties questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.