Article 39A is a provision of the Indian Constitution, specifically a Directive Principle of State Policy (DPSP), which mandates the State to promote equal justice and provide free legal aid. It was not part of the original Constitution of 1950 but was inserted by the Constitution (Forty-second Amendment) Act, 1976. The provision was created to address the problem of unequal access to justice, ensuring that economic or other disabilities do not deny any citizen the opportunity to secure justice.
The mechanism of Article 39A requires the State to secure that the operation of the legal system promotes justice on a basis of equal opportunity. It specifically directs the State to provide free legal aid through suitable legislation or schemes. This constitutional directive led to the enactment of the Legal Services Authorities Act, 1987, which provides the statutory framework for free legal services. The Act established the National Legal Services Authority (NALSA) at the national level, along with State and District Legal Services Authorities, to implement the mandate of Article 39A.
Article 39A is connected to the constitutional vision of equality before the law (Article 14) and the protection of the right to life and personal liberty (Article 21), with judicial interpretations elevating the essence of free legal aid to a fundamental right under Article 21. It is one of the new articles, along with Article 43A and Article 48A, added to the DPSP by the 42nd Amendment Act, 1976. The provision itself has not been replaced or amended since its insertion in 1976.