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
The question asks about the correctness of two statements concerning the right to legal aid in India.
Statement 1 says that under the Constitution of India, the right to have legal aid is given under the Directive Principles of State Policy (DPSP).
Let's examine the Constitution:
This article clearly places the responsibility on the State to provide free legal aid and is included within the chapter on Directive Principles of State Policy.
Therefore, Statement 1 is correct.
Statement 2 says that it is the duty of the police to inform the nearest Legal Aid Committee immediately after the arrest of a person.
Let's look at the rights of an arrested person and the duties of the police:
Based on the standard procedures and legal provisions, the duty is more about informing the person of their right to legal aid and facilitating access, rather than the police being mandated to inform the Legal Aid Committee immediately after every arrest. The phrase "immediately after the arrest" and specifying "nearest Legal Aid Committee" makes this statement, as worded, less accurate as a general rule than Statement 1.
Therefore, Statement 2 is incorrect.
Based on the analysis:
The question asks to select the correct answer using the code provided based on the correctness of the statements.
The options are:
Since only Statement 1 is correct, the option indicating "1 only" is the correct choice.
| Statement | Analysis | Correctness |
|---|---|---|
| 1. Legal aid under Directive Principles of State Policy. | Covered under Article 39A in Part IV of the Constitution. | Correct |
| 2. Police duty to inform Legal Aid Committee immediately after arrest. | Police duty is to inform arrested person of the right to legal aid and facilitate access upon request or necessity, not necessarily inform the committee immediately for every arrest. | Incorrect |
| Aspect | Details |
|---|---|
| Constitutional Basis | Article 39A (Directive Principle of State Policy) |
| Purpose | To provide free legal aid to the poor and weaker sections of society. |
| Goal | To ensure justice is not denied due to economic or other disabilities. |
| Legislation | Legal Services Authorities Act, 1987 |
| Right of Arrested Person | Right to be informed of grounds of arrest, right to consult lawyer, right to free legal aid if eligible. |
| Police Role (Arrest) | Inform arrested person of their rights, facilitate access to legal aid upon request. |
The concept of legal aid and access to justice is crucial in a democratic society. In India, the system is governed by the Legal Services Authorities Act, 1987. This Act established a nationwide network of Legal Services Authorities at the National (NALSA), State (SALSA), District (DLSA), and Taluk (TLSC) levels.
Understanding the constitutional basis (DPSP) and the statutory framework (Legal Services Authorities Act) helps clarify the scope and implementation of the right to legal aid in India.
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