Q. Which of the following is / are correct statements with respect to the provisons related to free legal aid in Indian Constitution?
Getting Free Legal Aid is a fundamental right under Part III of the constitution
An arrested person can choose an advocate of his / her choice to get legal aid
Select the correct option from the codes given below:
Answer: Only 2
Notes: Right to legal aid flows from Articles 21 and 22 (1) of the Constitution. As a fundamental right the article 22 explicitly mentions that a person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice. Here "free" word has not been made explicit. Free Legal Aid in India flows via article 39A whereby —The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
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