Question:
Legal aid for an accused is
Legal aid for an accused is
Updated On: Aug 12, 2025
- Fundamental right
- Legal right
- Directive Principles of State Policy
- Discretion of State
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The Correct Option is A
Solution and Explanation
Legal aid for an accused is a Fundamental right under the Indian Constitution. It is guaranteed by Article 39A of the Constitution, which directs the state to provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen due to economic or other disabilities. This is part of the right to access justice, which is essential for upholding the rule of law and ensuring fairness in the judicial process.
Article 21 of the Constitution, which ensures the right to life and personal liberty, has also been interpreted by the Supreme Court to include the right to legal representation. In the landmark case of Hussainara Khatoon vs. State of Bihar (1979), the Supreme Court ruled that an accused person who cannot afford legal assistance is entitled to receive free legal aid.
The correct answer is: Fundamental right, as legal aid is considered a fundamental right under Article 39A and the broader framework of access to justice in India.
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