Home The Constitution Part IV Article 39A

Art. 39A Part IV: Directive Principles of State Policy

Equal Justice and Free Legal Aid

Exact text — Constitution of India

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. [Added by the 42nd Amendment, 1976]

In Plain English

What this Article actually means

Added in 1976, this Article directly addresses a basic truth: a legal system that only the wealthy can afford to use isn't really delivering 'equal justice'. It directs the State to ensure free legal aid so that poverty or other disadvantage never becomes the reason someone can't access justice.

Why This Matters To You

How it shows up in everyday life

This is the constitutional root of the entire NALSA / State and District Legal Services Authority system, and of the free-legal-aid guarantee built into BNSS Section 341 for criminal defendants — if you've ever used or plan to use a free government lawyer (call 15100), this Article is why that system exists.

How This Is Enforced

Laws and mechanisms that put this Article into practice

Legal Services Authorities Act, 1987

Established NALSA and the State/District Legal Services Authorities that deliver free legal aid nationwide.

Landmark Cases

How courts have interpreted this Article

Hussainara Khatoon v. State of BiharAIR 1979 SC 1369 — A landmark ruling recognising free legal aid as part of the 'reasonable, fair and just procedure' required under Article 21 for undertrial prisoners, directly linking this Directive Principle to an enforceable right. Verify this case

Read alongside this one

Art. 21 — Protection of Life and Personal Liberty Art. 32 — Right to Constitutional Remedies

Frequently Asked

Quick answers about Article 39A

Who qualifies for free legal aid in India?

Broadly: women, children, SC/ST persons, disaster/violence victims, industrial workmen, persons with disabilities, those in custody, and anyone with annual income below a state-specified threshold — call NALSA's 15100 helpline to check your eligibility.

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The text above reproduces Article 39A of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.