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. 

The correct answer is Both 1 and 2.

Key Points

• Under the Constitution of India, the right to have legal aid is provided under the Directive Principles of State Policy.
• This is mentioned specifically in Article 39A of the Constitution, which obliges the state to secure that the operation of the legal system promotes justice on the basis of equal opportunity and shall, in particular, provide free legal aid.
• It is also the duty of the police to inform the nearest Legal Aid Committee immediately after the arrest of a person in order to ensure that the arrestee has access to legal representation.
• The Legal Services Authorities Act, 1987, mandates legal aid to ensure that justice is not denied to any individual due to economic or other disabilities.

Additional Information

• Directive Principles of State Policy (DPSP):
  • The Directive Principles of State Policy are guidelines or principles given to the federal institutions governing the state of India, intended to be kept in mind while framing laws and policies.
  • They are contained in Part IV (Articles 36–51) of the Constitution of India.
  • The principles have been borrowed from the Irish Constitution.
  • Although the DPSPs are not justiciable in a court of law, they are fundamental in the governance of the country, making it the duty of the state to apply these principles in making laws to establish a just society.
• Article 39A of the Constitution:
  • It directs the state to ensure that the legal system promotes justice, on a basis of equal opportunity, and provides 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.
  • The main objective is to ensure that the operation of the legal system promotes justice for all and does not become a tool for the oppression of the disadvantaged sections of society.
• Legal Services Authorities Act, 1987:
  • This Act was enacted to constitute legal services authorities to provide free and competent legal services to the weaker sections of society and to organize Lok Adalats to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
  • The Act has led to the creation of National Legal Services Authority (NALSA), State Legal Services Authorities, District Legal Services Authorities, and Taluk Legal Services Committees, which provide legal aid services at various levels.
• Role of Police in Legal Aid:
  • While the primary responsibility for providing legal aid to underprivileged individuals lies with legal services authorities, the police also play a crucial role in ensuring that detainees and arrestees are informed about their right to legal aid.
  • The Standard Operating Procedures for Police Officers may include the requirement to inform the nearest Legal Aid Committee or relevant legal services authority upon the arrest of a person.
  • This ensures that legal representation is made available at the earliest opportunity, thus preserving the due process and protecting the rights of the accused.