Free legal aid is part of which part of the Indian Constitution?

The correct answer is Directive Principles.

Key Points

• Free legal aid in India is enshrined under Article 39A of the Directive Principles of State Policy (DPSP), which emphasizes ensuring justice for all, particularly the weaker sections of society.
• The provision directs the state to promote equal justice and provide free legal aid to economically weaker sections to ensure no citizen is deprived of justice due to economic or other disabilities.
• The Directive Principles are non-justiciable in nature, meaning they are not legally enforceable by the courts but act as guiding principles for governance.
• This commitment towards free legal aid was further institutionalized through the Legal Services Authorities Act, 1987, leading to the establishment of the National Legal Services Authority (NALSA).
• Free legal aid is a cornerstone of ensuring access to justice, a fundamental aspect of a welfare state as envisioned by the Indian Constitution.

Additional Information

• Directive Principles of State Policy (DPSP):
  • DPSPs are included in Part IV of the Indian Constitution and are drawn from the Irish Constitution.
  • They aim to create a framework for a welfare state and guide the state in formulating policies that promote social and economic justice.
  • While they are non-justiciable, they hold significant moral and political importance.
• Legal Services Authorities Act, 1987:
  • This Act was enacted to provide free and competent legal services to the weaker sections of society.
  • It established the National Legal Services Authority (NALSA) to oversee and implement free legal aid programs.
  • Legal aid is provided for various categories, including women, children, SC/ST communities, and persons with disabilities.
• Article 39A:
  • Article 39A was added by the 42nd Amendment Act, 1976, and focuses on promoting equal justice and free legal aid.
  • It upholds the principle of ensuring that opportunities for securing justice are not denied to any citizen based on economic or other disabilities.
• Fundamental Rights vs. Directive Principles:
  • Fundamental Rights (Part III) are justiciable and enforceable by courts, while DPSPs (Part IV) are non-justiciable.
  • However, both are complementary, and the state is expected to balance them for achieving socio-economic justice.