The Supreme Court in M.H. HOSKOT v. STATE OF MAHARASHTRA, AIR 1978 SC 1548 held that:
Answer & Solution
Correct answer: B.
1. In M.H. Hoskot v. State of Maharashtra (1978), the Supreme Court (per Krishna Iyer J.) held: RIGHT TO FREE LEGAL AID is a fundamental right under Article 21.
2. Article 39A (DPSP, inserted by 42nd Amendment 1976): the State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid by suitable legislation or schemes.
3. Implementation: the Legal Services Authorities Act 1987 established the National Legal Services Authority (NALSA), State Legal Services Authorities, District Legal Services Authorities, Taluk Legal Services Committees.
4. Section 12 LSA Act enumerates categories entitled to legal services (women, children, SC/ST, victims of trafficking, mental illness, persons with disabilities, victims of mass disasters, industrial workmen, persons in custody, persons whose annual income does not exceed Rs 9000 — varies by State).
5. Hence option B is correct.
_Source: International HR Treaties + Indian Constitutional Jurisprudence — M.H. Hoskot v. State of Maharashtra, AIR 1978 SC 1548_
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