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Q45 (CDS-I/2024) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Directive Principles framework Answer Verified

Which of the following statements with respect to the right to have a legal aid is/are correct? 1. Under the Constitution of India, it is given under the Directive Principles of State Policy. 2. It is the duty of the police to inform the nearest Legal Aid Committee immediately after the arrest of a person.

Result
Your answer: —  Â·  Correct: C
Explanation

The right to legal aid in India is established through both constitutional mandates and judicial interpretations. Statement 1 is correct as Article 39A, introduced by the 42nd Amendment Act, 1976, explicitly provides for free legal aid as a Directive Principle of State Policy (DPSP) to ensure justice is not denied due to economic disabilities [3]. Statement 2 is also correct; the Supreme Court in the landmark case of Sheela Barse v. State of Maharashtra held that it is the duty of the police to inform the nearest Legal Aid Committee immediately after a person's arrest to protect their rights. Furthermore, the judiciary has integrated the right to free legal aid into Article 21 (Right to Life and Personal Liberty), declaring it an essential component of a fair and just procedure. The Legal Services Authorities Act, 1987, was subsequently enacted to operationalize these mandates [1].

Sources

  1. [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 38: Lok Adalats and Other Courts > NATIONAL LEGAL SERVICES AUTHORITY' > p. 374
  2. [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > D I Right to Education > p. 91
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