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Under which Article of the Indian Constitution the Supreme Court has declared the right to free legal aid and speedy trial as a fundamental right ?
1. Article – 14
2. ​Article – 19
3. ​Article – 21
4. ​Article – 32

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Correct Answer - Option 3 : ​Article – 21

The correct answer is ​Article – 21.

  • Speedy trial is a fundamental right implicit in the guarantee of life and personal liberty enshrined in Article 21 of the Constitution and any accused who is denied this right of speedy trial is entitled to approach the Supreme Court under Article 32 for the purpose of enforcing such right.

 

​Article  21 - Protection of life and Personal Liberty

  • Article 21 declares that no person shall be deprived of his life or personal liberty except according to procedure established by law.
  • This right is available to both citizens and non-citizens.
  • The Supreme Court has expanded the scope of the Right to Life its various judgement and declared the following rights as part of Article 21.

 

Article 14 - Equality before law and equal protection of laws.

  • Article 14 says that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
  • This provision confers rights on all persons whether citizens or foreigners.
  • Moreover, the word ‘person’ includes legal persons, viz, statutory corporations, companies, registered societies, or any other type of legal
  • person.

​Article 19 - Guarantees to all citizens the six rights.

  1. Right to freedom of speech and expression.
  2. Right to assemble peaceably and without arms.
  3. Right to form associations or unions or co-operative societies.10
  4. Right to move freely throughout the territory of India.
  5. Right to reside and settle in any part of the territory of India.
  6. Right to practice any profession or to carry on any occupation, trade, or business.

Originally, Article 19 contained seven rights. But, the right to acquire, hold and dispose of the property was deleted by the 44th Amendment Act of 1978.

​Article  32 - Right to Constitutional Remedies

  • The Supreme Court (under Article 32) and the High courts (under Article 226) can issue the writs of Habeas corpus, Mandamus, Prohibition, Certiorari, and Quo-warranto.
  • Dr. B. R. Ambedkar said Article 32 is the Heart and Soul of the Constitution.

 

  • Fundamental Rights of the Indian constitution were borrowed from the USA Constitution.
  • National Constitution Day - 26 November.
  • Father of Indian constitution - Dr. B. R. Ambedkar.
  • Article 32 - Heart and Soul of the Constitution.

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