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Q113 (CDS-II/2008) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Right to Equality Answer Verified

Consider the following statements 1. Article 46 of the Constitution of India provides for free legal aid to Scheduled Castes and Scheduled Tribes. 2. Article 14 of the Constitution of India provides for equality before law. Which of the statements given above is/are correct ?

Result
Your answer: —  Â·  Correct: B
Explanation

Statement 1 is incorrect because Article 46 of the Constitution of India focuses on promoting the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections, and protecting them from social injustice [t2][t6]. It does not explicitly provide for free legal aid. Instead, free legal aid is specifically mandated under Article 39A, which was added by the 42nd Amendment Act of 1976 to ensure that justice is not denied to any citizen due to economic or other disabilities [c1][c3][t2]. Statement 2 is correct as Article 14, located in Part III of the Constitution, guarantees 'Equality before law' and equal protection of the laws to all persons within the territory of India [c3][t4][t6]. While Article 39A and Article 14 together form the basis for the legal aid system in India, the specific provision for free legal aid is not found in Article 46.

Sources

  1. [1] https://legalaffairs.gov.in/sites/default/files/IV.CONSTITUTIONAL%20PROVISIONS%20FOR%20SOCIO-ECONOMIC%20CHANGE%20FUNDAMENTAL%20RIGHTS%20AND%20DIRECTIVE%20PRINCIPLES%20OF%20STATE%20POLICY.pdf
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 9: Directive Principles of State Policy > NEW DIRECTIVE PRINCIPLES > p. 110
  3. [3] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 38: Lok Adalats and Other Courts > NATIONAL LEGAL SERVICES AUTHORITY' > p. 374
  4. [4] https://www.indiacode.nic.in/bitstream/123456789/16124/1/the_constitution_of_india.pdf
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