Question:
Free legal aid is a constitutional mandate under
Free legal aid is a constitutional mandate under
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While Article 39A is technically a non-enforceable DPSP, judicial active interpretation has elevated the right to free legal aid to the status of a fundamental right under Article 21.
Updated On: Jul 7, 2026
- Art 39
- Art 39 A
- Art 31A
- Art 41
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The Correct Option is B
Solution and Explanation
Step 1: Understanding the Question:
The question asks us to identify the specific constitutional provision that mandates the state to provide free legal aid to ensure that justice is not denied to any citizen due to economic or other disabilities.
Step 2: Key Concepts and Approach:
Equal access to justice is a cornerstone of a welfare state.
We need to look at the Directive Principles of State Policy and identify the amendment that inserted a specific mandate for free legal aid.
Step 3: Detailed Explanation:
• Article 39A: This article was inserted by the 42nd Constitutional Amendment Act of 1976.
• The Mandate: It directs the State to ensure that the operation of the legal system promotes justice on a basis of equal opportunity. It specifically commands the State to provide free legal aid through suitable legislation or schemes.
• Statutory Implementation: This directive was implemented by Parliament through the enactment of the Legal Services Authorities Act, 1987, which established NALSA, SALSA, and Lok Adalats.
• Relation with Article 21: In cases like Hussainara Khatoon v. State of Bihar, the Supreme Court held that the right to free legal aid is also an essential ingredient of a "reasonable, fair, and just" procedure under Article 21, making it a fundamental right.
Step 4: Final Answer:
Free legal aid is a constitutional mandate under Article 39A of the Constitution. Therefore, Option B is correct.
The question asks us to identify the specific constitutional provision that mandates the state to provide free legal aid to ensure that justice is not denied to any citizen due to economic or other disabilities.
Step 2: Key Concepts and Approach:
Equal access to justice is a cornerstone of a welfare state.
We need to look at the Directive Principles of State Policy and identify the amendment that inserted a specific mandate for free legal aid.
Step 3: Detailed Explanation:
• Article 39A: This article was inserted by the 42nd Constitutional Amendment Act of 1976.
• The Mandate: It directs the State to ensure that the operation of the legal system promotes justice on a basis of equal opportunity. It specifically commands the State to provide free legal aid through suitable legislation or schemes.
• Statutory Implementation: This directive was implemented by Parliament through the enactment of the Legal Services Authorities Act, 1987, which established NALSA, SALSA, and Lok Adalats.
• Relation with Article 21: In cases like Hussainara Khatoon v. State of Bihar, the Supreme Court held that the right to free legal aid is also an essential ingredient of a "reasonable, fair, and just" procedure under Article 21, making it a fundamental right.
Step 4: Final Answer:
Free legal aid is a constitutional mandate under Article 39A of the Constitution. Therefore, Option B is correct.
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