Question

What is Article 39A....Answer briefly

Answer 1

Article 39a Session. A session of a court-martial called by the military judge either before the members (jurors) are seated or, after that phase of the trial has begun, without the members of the court being present. ... (Civilian equivalent: sidebar conferences outside the hearing of the jury.)

Answer 2

39A. 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 that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

Article 39A prescribes a duty upon the state to ensure that everyone gets an opportunity for securing justice, that is to say, by reason of merely economic of other disabilities no person should be denied excess to secure justice.

PIL protect and deliver prompt social justice with the help of law. PIL mechanism has loosened the strict "locus standi" requirements to permit filing of petitions on behalf of marginalized and deprived sections of the society by public spirited individuals, institutions and/or bodies.

It makes sure that violations of constitutional or legal rights of large numbers of people who are poor, ignorant or in a socially or economically disadvantaged position should not go unnoticed and un-redressed.

Such socially or economically disadvantaged people either have no appropriate knowledge or money to avail legal help for themselves. Many times they don't even have the knowledge of the violation of their rights. Bu using the tool of PIL, and public spirited person may approach the court on their behalf to secure their rights.

Thus, it secures opportunity to secure justice by everyone, as envisaged by the article 39A.

PIL thus overcome the hurdle of “locus standi”.

The judiciary left no stone unturned for providing a robust basis to pursue a range of issues under PIL. This was achieved by both interpreting existing FRs widely and by creating new FRs. Ever-widening horizon of Art.21 is illustrated by the fact that the Court has read into it, inter alia, the right to health, livelihood, free and compulsory education up to the age of 14 years, unpolluted environment, shelter, clean drinking water, privacy, legal aid, speedy trial, and various rights of under-trials, convicts and prisoners etc.

Thus, the court by its wide interpreted of article 21, helped achieve the noble purpose of PIL......


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