Which of the following statements with respect to the right to have a

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.

Select the correct answer using the code given below.

1 only
2 only
Both 1 and 2
Neither 1 nor 2
This question was previously asked in
UPSC CDS-1 – 2024
The correct answer is C. Both statements 1 and 2 are correct.
Statement 1 is correct as Article 39A, inserted by the 42nd Amendment, provides for free legal aid to the poor and weaker sections of society, ensuring justice is not denied due to economic or other disabilities. This is a Directive Principle of State Policy (Part IV).
Statement 2 is also correct. Following judgments of the Supreme Court and provisions of the Legal Services Authorities Act, 1987, it is a statutory and constitutional mandate that an arrested person must be informed of their right to legal aid, and the police have the duty to facilitate access to legal aid services, which includes informing the relevant Legal Aid Committee.
The right to free legal aid has been recognized as a fundamental right implicit in Articles 14, 21, and 22(1) of the Constitution. The Legal Services Authorities Act, 1987, provides the framework for the provision of free legal services. Police manuals and procedures often require the arresting officer to inform the arrested person of this right and to notify the District Legal Services Authority or nearest Legal Aid Committee.
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