Which one of the following was later incorporated into the guiding principles of state policy?
- AOption (a)
Formation of Gram Panchayats
- BOption (b)
Free legal aid
- COption (c)
Uniform Civil Code
- DOption (d)
Ban on cow slaughter
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Correct answer
Free legal aid
Why this answer is correct
The correct answer is Free legal aid.
Key Points
- Free legal aid is mentioned under Article 39A of the Directive Principles of State Policy (DPSP) in the Indian Constitution.
- Article 39A was introduced by the 42nd Amendment Act of 1976 to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
- The provision mandates the state to promote justice on a basis of equal opportunity and provide free legal aid by suitable legislation or schemes.
- This provision aims to ensure that the legal system promotes justice, accessible to all segments of the population, particularly the marginalized and disadvantaged groups.
- The incorporation of free legal aid into the guiding principles of state policy highlights the importance of equality before the law and access to justice as fundamental principles in a democratic society.
Additional Information
- Directive Principles of State Policy (DPSP):
- The DPSPs are enshrined in Part IV of the Indian Constitution, covering Articles 36 to 51.
- These principles are non-justiciable, meaning they are not legally enforceable by the courts, but they act as guiding principles for the state in governance and policymaking.
- The aim of DPSPs is to establish a welfare state by ensuring social and economic democracy.
- Article 39A:
- This article was added by the 42nd Constitutional Amendment Act, 1976, emphasizing the state's duty to provide equal justice and free legal aid to economically weaker sections.
- The state is expected to implement this through suitable legislation, schemes, or policies.
- It reflects the constitutional value of equality and aims to reduce the gap between the privileged and underprivileged in accessing justice.
- Free Legal Aid in Practice:
- The Legal Services Authorities Act, 1987 was enacted to establish statutory bodies to provide free legal services to the weaker sections of society.
- The National Legal Services Authority (NALSA), formed under this act, coordinates the implementation of legal aid programs across the country.
- Eligible beneficiaries include Scheduled Castes, Scheduled Tribes, women, children, disabled persons, victims of human trafficking, and others below the poverty line.
- Other Related Articles in DPSP:
- Article 38: Promotes justice and minimizes inequalities in income, status, and opportunities.
- Article 41: Ensures the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disablement.
- Article 43: Promotes living wages and decent standards of life for all workers.
Important Points
- Formation of Gram Panchayats:
- It is addressed under Article 40 of the DPSP, which directs the state to organize village panchayats and endow them with powers for self-governance.
- While it is a DPSP, it is distinct from the provision of free legal aid under Article 39A.
- Uniform Civil Code (UCC):
- Under Article 44 of the DPSP, the UCC directs the state to secure a uniform code applicable to all citizens, irrespective of religion, to ensure national integration.
- However, it is not directly related to free legal aid.
- Ban on Cow Slaughter:
- This is addressed under Article 48 of the DPSP, which directs the state to prohibit the slaughter of cows and calves and improve their breeds.
- It is unrelated to the provision of free legal aid.