Consider the following statements regarding free legal aid in India:
1. Providing free legal aid to the poor is a fundamental right directly enforceable by the courts under Part III of the Constitution.
2. It was incorporated into the Directive Principles of State Policy by the 42nd Constitutional Amendment Act of 1976.
Which of the statements given above is/are correct?

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Accepted Answer

Under Article 39A of the Indian Constitution, the state is mandated to provide free legal aid to ensure that justice is not denied to any citizen by reason of economic or other disabilities. Since this provision is part of the Directive Principles of State Policy (Part IV), it is non-justiciable and cannot be directly enforced by courts of law like Fundamental Rights. Article 39A was added to the Constitution by the 42nd Amendment Act of 1976.

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