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Question

Legal Studies Question on Legal Services

Mention the Article of Free Legal Aid.

Answer

Article 39A
The provision of free legal aid varies across different legal systems and jurisdictions. However, there are several international legal instruments and domestic laws that recognize the importance of providing free legal aid to those who cannot afford legal representation. One notable international instrument is the Universal Declaration of Human Rights (UDHR), which does not specifically mention free legal aid but emphasizes the right to a fair trial and the principle of equality before the law. This implies that individuals should have access to legal assistance, which may include free legal aid for those who cannot afford it. Another significant document is the International Covenant on Civil and Political Rights (ICCPR), which explicitly recognizes the right to legal assistance in certain criminal cases. Article 14(3)(d) of the ICCPR states that everyone charged with a criminal offense has the right to "have adequate time and facilities for the preparation of his defense and to communicate with counsel of his own choosing." This provision implies that if an accused person cannot afford legal representation, they should be provided with free legal aid. In domestic laws, many countries have legislation or constitutional provisions that address free legal aid. The specific articles or provisions may vary, but they generally aim to ensure equal access to justice. For example, in India, Article 39A of the Constitution of India states that 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 to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. It is important to note that the availability and scope of free legal aid may differ from country to country, and specific laws and regulations should be consulted to understand the provisions in a particular jurisdiction.