Article 39A in Constitution of India
39A. Equal justice and free legal aid
[After article 39 of the Constitution, the following article shall be inserted
article 31C. 5. Insertion of new article 31D. 6. Insertion of new article 32A. 7. Amendment of article 39. 8. Insertion of new article 39A ... anti-national activity.'. 6. Insertion of new article 32A.-
After article 32 of the Constitution, the following article shall be inserted, namely:- "32A. Constitutional validity
introduction of the LSA Act . The
obligation of the State under Article 39A of the Constitution was found to have
been discharged by enactment ... created by the LSA Act should strive to give life to Article
39A of the Constitution, which could fructify if an expanded meaning is given
life and liberty guaranteed under Article 21 and right to free legal aid as contemplated under Article 39A of the Constitution of India ... Constitution aforesaid. In this perspective, we hold that Article 21 read with Article 39A of the Constitution mandates or castes a duty on the State
above, we have to consider the
combined effect of Article 21 and Article 39A of the
Constitution of India. The right to free legal ... Article 21 read with Articles
41 , 45 and 46 alone came up for consideration. The scope of
Article 21 in the light of Article 39A
that:
“17. …… we have to consider the combined effect of Article 21 and
Article 39A of the Constitution of India. The right to free legal ... under Article 21 of
the Constitution. The preamble to the Constitution of India assures
'justice, social, economic and political'. Article 39A
defended by, a legal practitioner of his choice.
Article 39A.
The State shall secure that the operation of the legal system promotes justice ... What indeed is the context of the Constitutional right contemplated under Article 39A is the surviving question and that we examine
Pravinkumar Lalchand Shah vs State Of Gujarat And Anr. on 3 August, 1981
Equivalent citations
September, 2009
J U D G M E N T
Article 39A of the Constitution of India, forming part of the
Directive Principles of State ... policy of providing legal aid to the needy as envisaged in Article
39A. That duty was mainly performed by non-governmental and
voluntary organisations apart
individuals seems to be to
cater to the need of Article 39A of the Constitution of India; however the
legislature seems to have lost sight ... Article 19(1)(g).
With reference to para 25 of the writ petition, the
Respondent states that no fundamental right, including Article
39A , has been