Denying free legal aid isa)violation of fundamental rightb)violation o...
Introduction:
Denying free legal aid refers to the act of refusing or withholding the provision of legal assistance to individuals who are unable to afford legal representation. This question pertains to the violation of fundamental rights and directive principles of the Indian Constitution.
Explanation:
I. Violation of Fundamental Rights:
The Indian Constitution guarantees certain fundamental rights to its citizens, and one of them is the right to legal aid. Article 39A of the Constitution states that the State shall provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen due to economic or other disabilities. Denying free legal aid would thus infringe upon this fundamental right.
II. Violation of Directive Principles:
Directive principles of state policy are guidelines given to the State to establish social and economic democracy. They are non-justiciable rights, meaning that they cannot be enforced by the courts. However, denying free legal aid would directly contradict the directive principles laid down in the Constitution.
One such directive principle is Article 39A, which emphasizes equal justice and free legal aid. By denying free legal aid, the State would be disregarding its obligation to promote justice on an equal basis and failing to fulfill its directive principle responsibilities.
III. Contempt of Court:
Contempt of court refers to any act that disrespects or obstructs the functioning of the court. Denying free legal aid could potentially be considered contempt of court since it undermines the principles of justice and fairness.
However, in the context of this question, the correct answer is option B - violation of directive principles. This is because denying free legal aid primarily goes against the directive principles of the Indian Constitution, which promote equal justice and free legal aid.
Conclusion:
Denying free legal aid not only violates the fundamental right to legal aid but also contravenes the directive principles of the Indian Constitution. It undermines the principles of justice and fairness and goes against the spirit of providing equal opportunities for securing justice. Therefore, it is essential for the State to ensure the provision of free legal aid to those who cannot afford it.
Denying free legal aid isa)violation of fundamental rightb)violation o...
Equal justice and free legal aid is dealt under Article 39A of the Constitution of India. It reads as:
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.
Therefore, denying free legal aid is violation of directive principles.
To make sure you are not studying endlessly, EduRev has designed Humanities/Arts study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in Humanities/Arts.