Question

Right to Fare Legal Aid was recognised as a Fundamental Right under Act 21 of Indian Constitution in the case of

• A. Hussaainara Khatoon V/s State of Bihar, AIR 1979 SC 1360
• B. M.H Hoskot V/s State of Maharashtra, AIR 1978 SC 1548
• C. Madhu Mehta V/s Union of India (1989) 4 SC 1548
• D. Rudal Shah V/s State of Bihar (1983) 45 SC 14

Hint:

Article 21's "procedure established by law" was interpreted to mean a "fair" procedure. The Supreme Court, in M.H. Hoskot, held that a procedure cannot be fair if an indigent person is denied legal assistance, thus making free legal aid a fundamental right.

Answer 1

The Correct Option is B

While Article 39A (a Directive Principle) advocates for free legal aid, it was the Supreme Court's interpretation of Article 21 (Right to Life and Personal Liberty) that elevated it to a fundamental right. In M.H. Hoskot v. State of Maharashtra (1978), Justice Krishna Iyer held that the right to a "fair, just and reasonable" procedure under Article 21 is meaningless without legal representation for the poor. Therefore, free legal aid was recognized as an essential and enforceable part of Article 21. The later case of Hussainara Khatoon strongly reiterated this principle in the context of undertrial prisoners.