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RAS question

Article 39A, which provides for free legal aid, was added by which Amendment?

Correct answer: (D) 42nd Amendment.

Article 39A, on equal justice and free legal aid, was inserted by the Constitution (Forty-second Amendment) Act, 1976.

  1. (A)

    86th Amendment

  2. (B)

    44th Amendment

  3. (C)

    91st Amendment

  4. (D)

    42nd Amendment

Explanation

Article 39A was added through the Constitution (Forty-second Amendment) Act, 1976. The Act inserted a new Article 39A after Article 39, titled "Equal justice and free legal aid". Its purpose is to direct the State to make the legal system promote justice on the basis of equal opportunity. It specifically requires 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. This makes the 42nd Amendment the relevant amendment, not a later education, ministerial-size, or rollback-focused amendment.

Why the other options are wrong

  • (A) The 86th Amendment is linked in the question data to Article 21A on the Right to Education, not to the insertion of Article 39A on free legal aid.
  • (B) The 44th Amendment reversed some provisions of the 42nd Amendment, whereas Article 39A itself was inserted by the 42nd Amendment Act, 1976.
  • (C) The 91st Amendment is associated in the question data with limiting the size of the Council of Ministers, not with equal justice or free legal aid.

Concept

This tests the Directive Principles of State Policy and their amendment history. RAS repeatedly asks such provisions because they connect constitutional text with welfare duties of the State.

Source

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