Article 39a And The Right To Free Legal Aid: Implementation Challenges And Judicial Activism
- IJLLR Journal
- Jan 26
- 1 min read
Shilpa Bhimrao Chintewar & Dr. Kranti D. Deshmukh
ABSTRACT
This research paper provides a comprehensive analysis of Article 39A of the Indian Constitution and its role in establishing the right to free legal aid as a fundamental aspect of access to justice. Inserted through the 42nd Constitutional Amendment in 1976, Article 39A mandates that the State shall ensure that the operation of the legal system promotes justice on a basis of equal opportunity and shall provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
The paper examines the constitutional and statutory framework governing legal aid in India, critically analyses the implementation challenges that have plagued the system for decades, and explores the transformative role of judicial activism in expanding and enforcing legal aid rights. Through detailed examination of landmark judgments, legislative frameworks, and ground realities, this study reveals significant gaps between constitutional promises and practical implementation, while highlighting how judicial intervention has been instrumental in bridging these gaps and expanding the scope of legal aid beyond its original conception.
Keywords: Article 39A, Legal Aid, Access to Justice, Constitutional Law, Judicial Activism, NALSA, Directive Principles, Equal Justice
