#Prison Constitutional Provisions of Prison State Subje | Judiciary UP

#Prison
Constitutional Provisions of Prison

State Subject: 'Prisons/persons detained therein' is a State subject under Entry 4 of List II of the Seventh Schedule to the Constitution of India.

Administration and management of prisons is the responsibility of respective State Governments.

However, the Ministry of Home Affairs provides regular guidance and advice to States and UTs on various issues concerning prisons and prison inmates.

Article 39A: Article 39A of the Constitution directs the State to ensure 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.

Right to free legal aid or free legal service is an essential fundamental right guaranteed by the Constitution.
It forms the basis of reasonable, fair and just liberty under Article 21 of the Constitution of India, which says, “No person shall be deprived of his life or personal liberty except according to procedure established by law”.

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