The Supreme Court in M.H. HOSKOT v. STATE OF MAHARASHTRA, AIR 1978 SC 1548 held that:
Alegal aid is only available to the wealthy (cf. M.H. Hoskot v. State of Maharashtra, AIR 1978 SC 1548) (cf. M.H. Hoskot v. State of Maharashtra, AIR 1978 SC 1548)
BRIGHT TO FREE LEGAL AID is a fundamental right under Article 21 read with Article 39A; State has constitutional duty to provide legal aid to indigent accused
Clegal aid is only for serious offences (cf. M.H. Hoskot v. State of Maharashtra, AIR 1978 SC 1548) (cf. M.H. Hoskot v. State of Maharashtra, AIR 1978 SC 1548)
Dlegal aid is purely charitable (cf. M.H. Hoskot v. State of Maharashtra, AIR 1978 SC 1548) (cf. M.H. Hoskot v. State of Maharashtra, AIR 1978 SC 1548)
Answer & Solution
Correct answer: B. RIGHT TO FREE LEGAL AID is a fundamental right under Article 21 read with Article 39A; State has constitutional duty to provide legal aid to indigent accused
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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