Question

Which article of the Constitution places a duty on the state to provide a lawyer to any citizen who is unable to engage one due to poverty or other disability?
A.Article 39A
B.Article 22
C.Article 43
D.Article 67

Answer 1

Hint: According to Article 14 of the Indian Constitution, the state shall not deny to any person equality before the law or the equal protection of law within the territory of India. This is only achievable when everyone is given the right to counsel. Article 20 of the Constitution which provides for protection in respect of conviction for offences also states that the accused must be informed that they have a right to call a lawyer before answering any of their questions. However, if an individual cannot afford a lawyer or does not have access to one due to some reason, the State is obliged to provide free and competent legal services in such cases.

Complete Step by Step answer:
Option A: is correct. Article 39 A of the Constitution provides that the State shall provide free legal aid, by suitable legislation or schemes, to ensure that the opportunity for securing justice is not denied to any citizen because of economic or other disabilities. This Article was inserted by the 42nd Constitutional Amendment in 1976. The Legal Services Authorities Act of 1987 is the legislation made in this regard. It provides for the establishment of a body called the National Legal Services Authority by the Central government which shall be responsible for framing policies and principles for making legal services available under the provisions of this Act.
Option B: is incorrect. Article 22 under Fundamental Rights, provides protection against arrests and detentions.
Option C: is incorrect. Article 43 under Directive Principles of State Policy, enjoins upon the state the responsibility to secure by legislation, a living wage for workers and a decent standard of life.
Option D: is incorrect. Article 67 states the term of the Vice-President and the procedure of his resignation and removal.

Hence, The correct answer is Option A.

Note: Right to counsel is also considered a human right by the United Nations. The eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in 1990 adopted among its basic principles that governments shall ensure that efficient procedures and responsive mechanisms for effective and equal access to lawyers are provided for all persons within their territory.