Introduction
The Constitution of India is not just a legal document; it is a vision of justice, equality, and fairness. Among its most important provisions are the Directive Principles of State Policy (DPSPs), which guide the government in shaping policies for a just society. Article 39, in particular, highlights two crucial responsibilities: providing equal justice and ensuring free legal aid. These directives reflect the framers’ understanding that true democracy is not only about political rights but also about ensuring that every individual, regardless of financial or social status, can access justice.
Understanding Article 39
Article 39 falls under Part IV of the Constitution, which deals with DPSPs. It specifically directs the State to ensure that the legal system operates in a way that promotes justice based on equal opportunities. To achieve this, it emphasizes that free legal aid should be available so that no one is denied justice due to financial barriers. This provision links the principle of equality before law (Article 14) and the right to life and personal liberty (Article 21) with the larger goal of social justice.
The framers of the Constitution recognized that laws alone cannot guarantee justice unless people have the means to access them. For someone from an economically weaker section of society, legal proceedings can be daunting and expensive. By making free legal aid a constitutional directive, Article 39 ensures that the justice system remains inclusive and fair.
Equal Justice in Indian Democracy
Justice in India is not meant to be limited to the privileged. The concept of equal justice implies that all citizens whether rich, low-income, urban, or rural, should enjoy equal protection of the laws. This principle aligns with the rule of law, which ensures that no individual or institution is above the law.
Equal justice also has a social dimension. It means that groups who have historically faced discrimination, such as women, marginalized communities, and economically weaker populations, must receive adequate support to enjoy their rights. Article 39 acts as a bridge between constitutional ideals and the real-life struggles of ordinary people.
Free Legal Aid: A Tool for Access to Justice
The second part of Article 39 emphasizes free legal aid. Without legal assistance, rights often remain only on paper. Court procedures are complex, legal language is technical, and litigation costs can overwhelm those with limited financial resources. Recognizing this gap, the Constitution directs the State to provide legal services to those who cannot afford them.
This principle has been institutionalized through the Legal Services Authorities Act, 1987, which established the National Legal Services Authority (NALSA). Today, NALSA and its state units ensure that people with low income, marginalized groups, and those living in rural or remote areas receive free legal help. Legal aid includes services like advice, representation, and access to legal literacy programs.
Judicial Interpretation of Article 39
The judiciary has played a vital role in expanding the scope of Article 39. In the Hussainara Khatoon v. State of Bihar (1979) case, the Supreme Court held that the right to free legal aid is an essential part of Article 21, which guarantees the right to life and personal liberty. This landmark judgment transformed Article 39 from a directive into a practical guarantee of justice.
Similarly, in M.H. Hoskot v. State of Maharashtra (1978), the Court ruled that free legal aid must be provided not only at trial but also at the appellate stage. These rulings have made it clear that legal aid is not charity but a fundamental right linked to human dignity.
Importance of Article 39 in Modern India
Article 39 continues to remain highly relevant in contemporary India. Economic inequality, social exclusion, and lack of awareness still prevent many citizens from accessing justice. Court cases often drag on for years, and legal expenses can cripple families. By making free legal aid a constitutional promise, India ensures that justice is not reserved for the privileged few.
Moreover, Article 39 strengthens democratic governance. A society where only the wealthy can seek justice risks eroding public trust in the rule of law. By supporting equal access, the Constitution safeguards not only individual rights but also the legitimacy of democratic institutions.
Challenges in Implementation
Despite the progress made, implementing Article 39 faces many challenges. Awareness about free legal aid remains low in rural and remote regions. Many people hesitate to approach legal aid centers due to lack of trust or knowledge. Additionally, overburdened courts and shortage of trained legal professionals often delay assistance.
To overcome these barriers, the government and civil society need to expand legal literacy campaigns, strengthen infrastructure, and encourage young lawyers to participate in pro bono services. Digital platforms and online legal aid initiatives can also play a transformative role in bridging this gap.
Frequently Asked Questions
1. Why is Article 39 important for ordinary citizens?
Article 39 ensures that justice is not denied because of economic or social disadvantages. It guarantees that even individuals from low-income backgrounds can access courts and defend their rights.
2. Does Article 39 make free legal aid a right?
While Article 39 itself is a Directive Principle, the Supreme Court has interpreted it as part of the fundamental right to life under Article 21. This means free legal aid is not optional—it is a constitutional obligation.
3. How can someone access free legal aid in India?
People can approach legal aid clinics, District Legal Services Authorities, or NALSA offices. These bodies provide free legal advice, representation, and awareness programs for those who qualify.
Conclusion
Article 39 of the Indian Constitution highlights that justice must be meaningful and accessible to all. By focusing on equal justice and free legal aid, it transforms the legal system into a tool of empowerment rather than exclusion. Judicial interpretations and the creation of NALSA have reinforced its importance, turning it into a working reality. While challenges remain, Article 39 continues to serve as a reminder that the strength of Indian democracy lies not just in lofty ideals but in making justice a living experience for every citizen.
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