Bridging The Gap Between Law And Justice: An In-Depth Examination Of Article 39A And The Right To Free Legal Aid In India
Year: 2025
Type: article
Abstract: Article 39A of the Indian Constitution enshrines the directive principle of state policy to provide free legal aid, aiming to ensure equal access to justice for all citizens, particularly the economically disadvantaged. This research undertakes an in-depth examination of the practical implementation of this constitutional mandate, scrutinizing the existing legal framework and its efficacy in bridging the gap between law and justice. The study analyzes the challenges faced in delivering effective legal aid, including issues related to awareness, resource allocation, and the quality of legal representation. Through a comprehensive review of relevant case laws, statutory provisions, and reports from legal aid authorities, this research identifies the discrepancies between the constitutional ideal and the ground realities. It explores the systemic barriers that hinder the realization of equitable justice, such as procedural complexities, bureaucratic inefficiencies, and socio-economic disparities. Furthermore, the study investigates the impact of the National Legal Services Authority (NALSA) and State Legal Services Authorities in operationalizing Article 39A, evaluating their performance in extending legal assistance to marginalized communities. It also examines the role of civil society organizations and pro bono initiatives in supplementing state efforts. Finally, this research proposes recommendations for strengthening the legal aid system, advocating for enhanced funding, improved infrastructure, and greater public awareness to ensure that the constitutional promise of free legal aid translates into tangible justice for all in India, thereby bridging the existing chasm between law and its equitable realization.
Authors: Abdul Samad Suhail, Ashish Kumar Singhal
Institution: ICFAI University, Dehradun
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4409194565