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Question Bank
Question
How has the interpretation of Article 21 of the Constitution been expanded to encompass more than just the right to life and liberty?
Solution
The interpretation of Article 21 of the Constitution has been dynamically expanded beyond a mere prohibition against deprivation of life and liberty. The Supreme Court has held that any procedure permitting such deprivation must be reasonable, fair, and just. This means it is not enough for a procedure to be legally prescribed; it must also be equitable in its application. This expanded interpretation forms the bedrock for inferring several derivative rights, most notably the right to a speedy trial and the right to free legal aid for those who cannot afford it, ensuring that the legal process itself does not become an instrument of oppression.
Question
What is the constitutional basis for the right to free legal aid for an accused person, and under what circumstances does this right apply?
Solution
The right to free legal aid is a constitutionally guaranteed right for an accused person, firmly rooted in the expanded reading of Article 21. It is also a direct mandate of Article 39A, a Directive Principle of State Policy, which obligates the State to provide free legal aid to ensure that opportunities for securing justice are not denied due to economic or other disabilities. This right applies to any accused person who is unable to engage a lawyer due to reasons such as poverty, indigence, or incommunicado situation. The State is under a positive duty to provide a lawyer if the circumstances of the case and the needs of justice so require, provided the accused does not object to such representation.
Question
Explain the nature of the State's obligation to provide a speedy trial and whether it can be excused on grounds of financial or administrative inability?
Solution
The State's obligation to provide a speedy trial is absolute and non-derogable. It is a fundamental right implicit in Article 21 and a constitutional mandate that the State must fulfill. The State cannot avoid this obligation by pleading financial or administrative inability. The government's budgetary constraints or operational priorities cannot be used as a justification for denying a citizen this fundamental right. The State is required to take all necessary positive actions, such as augmenting investigative machinery, setting up new courts, and appointing additional judges, to ensure that trials are conducted expeditiously.
Question
What is the legal principle regarding the detention of undertrial prisoners who have already been in jail for a period longer than the maximum possible sentence for their alleged offence?
Solution
The continued detention of an undertrial prisoner beyond a period that is longer than the maximum sentence they could receive if convicted is legally impermissible and a violation of their fundamental right under Article 21. Such detention becomes patently unjust and illegal, as the person would have already served more time than the law prescribes for the offence itself. In such scenarios, the courts have the authority and the duty to direct the forthwith release of the undertrial prisoner, as their detention can no longer be justified under any reasonable, fair, or just procedure.
Question
What broader constitutional vision does the State's duty to provide a comprehensive legal services programme serve?
Solution
The State's duty to institute a dynamic and comprehensive legal services programme serves the broader constitutional vision of equal justice as enshrined in Article 14 (Right to Equality). Its purpose is to transform the law from a mysterious and forbidding instrument—often perceived as "law for the poor"—into a constructive social device that actively confers rights and benefits, truly becoming "law of the poor." This initiative is essential to make the legal system credible for the weaker sections of society, to inject substantive equality into the framework of legality, and to uphold the dignity of the individual, thereby strengthening the very foundations of a free and fair democracy.
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