article 38 and 39 of the indian constitution

 ARTICLE 38 AND 39 OF THE INDIAN CONSTITUTION

INTRODUCTION

INDIAN CONSTITUTION AND ITS PREABLE TALKS ABOUT SOCIALIST WHICH IS

THE BASIS OF THE DEVOLOPMENT OF SOCIAL STRUCTURE IN THE NATION .

SOCIALISM MEANS SOCIAL DEVELOPMENT AND INCLUSION OF ALL THE

VARIED SECTIONS OF THE SOCIETY WHICH WILL CONTRIBUTE FOR THE

DEVELOPMENT OF THOSE AND TO INCLUDE THEM IN THE MAINSTREAM

STRATA .

ARTICLE 39 OF THE CONSTITUTION LAYS DOWN SIX DIRECTIVE PRINCIPLES

THAT FOCUS ON ENSURING EAQUAL MEANS OF LIVELIHOOD TO THE PEOPLE

OF THE NATION .

ARTICLE 39A WHICH WAS INDUCED THROUGH AN AMENDAMENT ACT OF 1976

PROPOSED A MANDATE FOR THE STATE TO TO PROVIDE JUSTICE AND FREE

LEGAL AID TO THE PEOPLE .

SCOPE OF ARTICLE 39 A WHICH PROVIDES FOR FREE LEGAL AID BY THE

STATE TO ENSURE JUSTICE TO THE PEOPLE , THE ARTICLE IN ITS

PREROGATIVE TALKS ABOUT THE REASONABLE , FREE AND VALUABLE

JUSTICE , ANY DENIAL TO THIS WILL LEAD TO THE QUESTIONS UNDER

ARTICLE 21 OF THE CONSTITUTION .

ARTICLE 21 WHICH TALKS ABOUT RIGHT TO LIFE TO EVERY CITIZEN IS OFTEN

READ ALONG THE ARTICLE 39 A , ANY DENIAL TO THE LATTER WILL LEAD TO

ACTION UNDER THE VIOLATION OF THE FUNDAMENTAL RIGHTS . THE RIGHT

TO FREE LEGAL AID WAS PROVIDED FOR IUNDER THE CASE OF MANEKA

GANDHI VS UNION OF INDIA .

ALTHOUGH ARTICLE 39 A IS NOT UNFORCEABLE BUT STILL IT HOLDS

CERTAIN IMPORTANCE AS IT IS READ ALONG THE ARTICLE 21 , THE STATE IS

BOUND TO PROVIDE FOR LAWYERS AND NOBODY CAN BE DENIED LEGAL

ASSISTANCE ON THE GROUNDS OF THE CRIME COMMITTED BU HIM /HER ,

INDIAN CO STITUTION IS JUST IT IS EVIDENTR FROM THE INSERTED

PROVISION THROUGH THE 42 ND AMENDAMENT ACT 1976 . IN FURTHERANCE TO

THE AETICLE 39 A THE STATE HAS FORMULATED THE STATUTE CALLED THE

LEGAL SERVICES AUTHORITTY ACT 1987 .

CONCLUSION AND SUGGESTIONS

IT IS EVIDENT THAT IN INDIA THERE HAS BREEN LACK OF FAST JUDGEMENTS

WHICH IS A BIG DRAWBACK OF OUR JUDICIARY AS IT LEADS TO THE LOSS OF

INTEREST OF PEOPLE IN JUDICIARY AND IT IS AVERY MEAN FOR CREATION

OF A DISORIENTED SOCIETY . THE JUDGEMENTS OF SUPREME COURT IN THIS

REGARD SHOULD BE VALUED WHICH IN TURN WILL INCREASE THE

CHSANCES OF THE PROVISION OF SOCIAL JUSTICE IN THE NSATION AND

PEOPLE WILL FALL BACK ON TRACK .

FREE LEGAL AID HELPS IN THE PROVIDING OF JUSTICE IN THE INCREASED

AND ENHANCED MANNER WHICH IS THE FUNDAMENTAL RIGHT OF THE

CITIZENS . THE PROBLEMS THAT HAVE COME IN BETWEEN SHOULD BE TAKEN

CARE OF AND DEVELOPMENTS BE MADE TO INCREASE THE CHANCES OF

PROVIDING SPEEDY JUSTICE WHICH IN TURN WILL MAKE US A STRONG

DEMOCRACY AND ENHANCE OUR CHANCES OF GROWTH ON INTERNATION

FORUMS AND IT WILL LEAD TO SUPPORTING THE LEGAL PROINCIPLES AS

PROMISED UNDER THE STATUTES AND BY THE CONSTITUTION . THERE NEEDS

TO BE ACCOUNTABILITY IN THE CONSTITUTION WHICH IS A MUST AND HERIN

RESPONSIBLE FOTR THE GROWTH OF OUR NATION AS A DEMOCRACY .