RAS question
Article 39A, which directs the State to provide free legal aid, was added by which Amendment?
Correct answer: (D) 42nd Amendment, 1976.
Article 39A, which directs the State to secure equal justice and provide free legal aid, was inserted by the Constitution (Forty-second Amendment) Act, 1976.
Explanation
Article 39A was inserted by the Constitution (Forty-second Amendment) Act, 1976. Section 8 provided for a new Article 39A to be inserted after Article 39 under the heading "Equal justice and free legal aid". It directs the State to ensure that the legal system promotes justice on the basis of equal opportunity. The State must also provide free legal aid through suitable legislation, schemes, or other means so that no citizen is denied the opportunity to secure justice because of economic or other disabilities. The National Legal Services Authority (NALSA) was established in 1987 to give practical effect to this constitutional direction.
Why the other options are wrong
- (A) The 86th Amendment, 2002 did not insert Article 39A; the provision was inserted by the Forty-second Amendment, 1976.
- (B) The First Amendment, 1951 did not insert Article 39A; the provision was inserted by the Forty-second Amendment, 1976.
- (C) The 44th Amendment, 1978 did not insert Article 39A; the provision was inserted by the Forty-second Amendment, 1976.
Concept
This question tests understanding of the Directive Principles of State Policy, especially the constitutional basis of equal justice and free legal aid. It is relevant to RAS because constitutional amendments, Directive Principles, and access to justice are recurring themes in Constitution and governance.