UPSC Prelims 2020 Q9: Indian Polity – Judiciary
In India, Legal Services Authorities provide free legal services to which of the following type of citizens?
1. Person with an annual income of less than Rs 1,00,000
2. Transgender with an annual income of less than Rs 2,00,000
3. Member of Other Backward Classes (OBC) with an annual income of less than Rs 3,00,000
4. All Senior Citizens
Select the correct answer using the code given below:
- (a) 1 and 2 only
- (b) 3 and 4 only
- (c) 2 and 3 only
- (d) 1 and 4 only
Answer: (a) 1 and 2 only
Explanation
Who gets free legal services?
Section 12 of the Legal Services Authorities Act, 1987 lists who is entitled to free legal services.
The income limit is fixed by each State Government.
| Statement | Verdict | Reason |
|---|---|---|
| 1. Person with an annual income of less than Rs 1,00,000 | Correct | Income limits in the States start at about Rs 1 lakh, so such a person is covered |
| 2. Transgender with an annual income of less than Rs 2,00,000 | Correct | Delhi gives free legal aid to transgender persons with income up to Rs 2 lakh |
| 3. Member of Other Backward Classes (OBC) with an annual income of less than Rs 3,00,000 | Incorrect | OBC is not a category under Section 12; only SC and ST members are named |
| 4. All Senior Citizens | Incorrect | Senior citizens are covered only within an income limit set by the State, not all of them |
Section 12: entitled whatever their income:
| Category | Note |
|---|---|
| SC or ST member | No income test |
| Woman or child | No income test |
| Person with disability | No income test |
| Victim of trafficking or begar | No income test |
| Industrial workman; person in custody | No income test |
| Victim of mass disaster, ethnic violence, flood or earthquake | No income test |
Answer: (a) 1 and 2 only.
Why each option is right or wrong
- (a) CORRECT. A person with income under Rs 1,00,000 and a transgender person under Rs 2,00,000 are covered.
- (b) Incorrect. OBC members and all senior citizens are not entitled as a class.
- (c) Incorrect. Statement 3 is false; OBC is not a listed category.
- (d) Incorrect. Statement 4 is false; not all senior citizens are covered.
Key point
Legal Services Authorities Act 1987, Section 12: SC, ST, women, children, disabled, trafficking victims, workmen, persons in custody, and those below the State's income limit. Based on Article 39A.
Remember
Section 12: SC, ST, women, children, disabled, in custody, low income. Not OBC.
Common mistakes
- Adding OBC to the list because SC and ST are there.
- Missing the word 'All' before Senior Citizens; an income limit applies to them.
- Thinking there is one national income limit; each State fixes its own.
Exam tip
The word 'All' is the trap. Free legal aid goes by listed category or by income, not by age alone.
Sources
- Legal Services Authorities Act, 1987 — Section 12 (Criteria for giving legal services)
- National Legal Services Authority (NALSA) — Eligibility for free legal services