VAANAMAE ELLAI

The 42nd Amendment brought in the Article 39A of the Constitution that provides that the State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure the opportunities for securing justice are not denied to any citizen by reason of economic and other disability. This Article emphasises that free legal service is an inalienable element of 'reasonable, fair and just' procedure, for without it a person suffering from economic or other disabilities would be deprived of the opportunity for securing justice. This was indirectly provided by the Article 14 and 22(1) of the Constitution however this specifically reiterated the demand for free legal aid to the deserved, poor, downtrodden and the weaker sections of the society. Even the Preamble envisaged, "to secure to all its citizens JUSTICE, social, economic and political" and hence,..