Which Constitutional Amendment Act introduced a provision to the state to provide free legal aid to the poor?

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  1. 39th Constitutional Amendment Act
  2. 46th Constitutional Amendment Act
  3. 44th Constitutional Amendment Act
  4. 42nd Constitutional Amendment Act

Answer (Detailed Solution Below)

Option 4 : 42nd Constitutional Amendment Act
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The correct answer is 42nd Constitutional Amendment Act.

Key Points

  • The 42nd Constitutional Amendment Act of 1976 is also known as the ""Mini-Constitution"" due to its extensive changes to the Indian Constitution.
  • One of the significant additions was Article 39A, which mandated the state to ensure that the operation of the legal system promotes justice on the basis of equal opportunity and, in particular, to provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
  • This amendment aimed to make the preamble more comprehensive by adding terms like ""Socialist"", ""Secular"", and ""Integrity"".
  • It also introduced changes to the Seventh Schedule, which expanded the scope of the central government over various subjects.

Additional Information

  • Constitutional Amendments
    • Constitutional amendments are changes made to the Constitution to address new issues or to correct existing issues within the document.
    • In India, the process of amending the Constitution is laid out in Article 368, which provides for different procedures for different types of amendments.
    • Amendments can be proposed by either house of Parliament and must be passed by a majority of the total membership of that house and by a majority of not less than two-thirds of the members present and voting.
  • Article 39A
    • Article 39A was added to the Directive Principles of State Policy by the 42nd Amendment Act in 1976.
    • It directs the state to secure that the operation of the legal system promotes justice on a basis of equal opportunity and to provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
    • This was aimed at making the judicial process more accessible to the underprivileged sections of society.
  • Directive Principles of State Policy (DPSP)
    • The Directive Principles of State Policy are guidelines or principles given to the central and state governments of India, to be kept in mind while framing laws and policies.
    • They are non-justiciable in nature, meaning they are not enforceable by any court for their violation.
    • However, they are considered fundamental in the governance of the country, aiming to create social and economic conditions under which the citizens can lead a good life.
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