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Q1: Who are entitled to receive free legal aid? Assess the role of the National Legal Services Authority (NALSA) in rendering free legal aid in India.
Ans: Voltaire aptly stated, “It is better to save a guilty man than to condemn an innocent one.” Judicial justice is the cornerstone of a robust democratic nation. The National Legal Services Authority (NALSA) plays a pivotal role in ensuring proper and equitable availability of judicial justice to all citizens, as envisioned under Article 39A.
Who can receive assistance?
- A member of a Scheduled Caste or Scheduled Tribe
- A woman or a child
- A victim of trafficking or begar as per Article 23
- A mentally ill or otherwise disabled person
- A victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake, or industrial disaster
- An industrial workman
- People earning less than a stipulated amount of annual income which differs across states
Role of NALSA in giving free legal services in India
- Organising ‘Lok Adalat’: Serving as an alternate dispute redressal mechanism in districts, which helps in cordially settling disputes.
- Legal literacy and awareness: Through school legal literacy clubs, Nyaydeep Newsletter, and other programs, NALSA works on enhancing legal literacy and awareness among the masses.
- Increasing accessibility: Utilizing Lok Adalat, legal services app, and legal aids clinic to enhance accessibility.
- Outreach programs: Conducting programs for undertrials and prisoners, providing assistance and increasing awareness, such as the Haq Hamara campaign.
NALSA has made commendable efforts in making legal aid available to the most disadvantaged sections of society. However, for a society as vast and diverse as India, there is still a considerable distance to cover in achieving equitable justice for all.
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FAQs on GS2 PYQ (Mains Answer Writing): Other Constitutional Dimensions - Indian Polity for UPSC CSE
| 1. What are the key features of the Constitution of India that address fundamental rights? |  |
Ans. The Constitution of India enshrines fundamental rights that guarantee individual liberties and promote equality. Key features include the right to equality (Articles 14-18), the right to freedom (Articles 19-22), the right against exploitation (Articles 23-24), the right to freedom of religion (Articles 25-28), cultural and educational rights (Articles 29-30), and the right to constitutional remedies (Article 32). These rights are justiciable, meaning individuals can approach courts for enforcement.
| 2. How does the Constitution of India ensure the separation of powers among the three branches of government? | |
Ans. The Constitution of India establishes a clear separation of powers among the Executive, Legislature, and Judiciary. This is achieved through distinct Articles that outline the functions and powers of each branch. For instance, Articles 52-78 deal with the Executive, Articles 79-122 with the Legislature, and Articles 124-147 focus on the Judiciary. This framework ensures checks and balances, preventing any one branch from becoming too powerful.
| 3. What role does the Directive Principles of State Policy play in the Indian Constitution? | |
Ans. The Directive Principles of State Policy, enshrined in Part IV of the Constitution, serve as guidelines for the state in formulating policies aimed at ensuring social and economic justice. Although not justiciable, these principles encourage the government to work towards the welfare of the people, promoting policies related to education, health, and economic equality. They aim to establish a just society by directing the state to take necessary measures.
| 4. What is the significance of the amendment process in the Indian Constitution? | |
Ans. The amendment process is crucial for the Constitution's adaptability and responsiveness to changing societal needs. Article 368 outlines the procedure for amendments, which can be categorized into two types: those requiring a simple majority and those necessitating a two-thirds majority in Parliament, along with ratification by half of the state legislatures. This ensures that amendments reflect a broad consensus, maintaining the Constitution's integrity while allowing for progressive changes.
| 5. How does the Constitution of India uphold the principle of federalism? | |
Ans. The Constitution of India establishes a federal structure by distributing powers between the central government and state governments. This is articulated through the distribution of subjects in the Union List, State List, and Concurrent List, as per the Seventh Schedule. Federalism is further supported by provisions for intergovernmental relations, financial distribution, and the establishment of an independent judiciary to adjudicate disputes between the two levels of government, ensuring a balanced distribution of authority.
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