Access to justice
1. Introduction
Legal access is a fundamental tenet of the rule of law. People cannot exercise their
rights, confront discrimination, make their voices heard, or hold decision-makers
accountable if they do not have access to justice. The High-Level Meeting on the
Rule of Law's Declaration highlights everyone's right to equal access to justice,
including those who belong to vulnerable groups. It also reaffirms Member States'
commitment to doing everything within their power to provide equitable, open,
efficient, accountable, and non-discriminatory services that support justice for all.
The fair distribution of legal resources and remedies to all people, irrespective of
socioeconomic background, is referred to as "access to justice." It embodies the idea
that everyone has the right to use the legal system to seek out and obtain a just
resolution. Financial accessibility, legal aid, and an open legal system are all
included in this idea. Enough access to the legal system upholds the rule of law,
advances social justice, and safeguards individual rights. It is imperative to tackle
obstacles like financial limitations and legal intricacies to guarantee that justice is not
a luxury but rather a fundamental right, promoting a community in which all
individuals can assert their rights with impartiality.[1]
2. History
Legal aid systems saw significant growth and development in the latter half of the
20th century, particularly in the major industrialized democracies of the west that had
just undergone welfare state and constitutional reforms following World War II. The
1970s saw significant advancements in both theory and practice regarding the
provision of legal aid to the underprivileged on numerous continents and in
numerous countries. Around this same period, there was a growing realization that
the legal system frequently excluded non-traditional forms of litigation as well as
members of the middle classes.
An influential study by Mauro Cappelletti, James Gordley, and Earl Johnson Jr. was
published in 1975 and sought to describe and explain the rapidly spreading global
trend of making the legal system available to all citizens, regardless of their financial
situation. The product of their collaboration was "Toward Equal Justice: A
Comparative Study of Legal Aid in Modern Societies" (1975), which is regarded as a
significant turning point in the development of legal aid comparative studies.
Mauro Cappelletti, Bryant Garth, and Earl Johnson Jr. launched the biggest and
most important survey on access to justice to date, building on the creation of new
legal aid models and the expanding popularity of the issue. A multidisciplinary team
of lawyers, sociologists, anthropologists, economists, and policymakers from nearly
thirty different countries came together for the Florence Access-to-Justice Project.
The results of this groundbreaking comparative study were compiled into a fourvolume book called "Access to Justice" (197879).[2]
3. Constitutional provisions on access to justice
Article 32 and Article 226 of the Indian Constitution guarantee an efficient system
and protect everyone's fundamental right to appear in Indian courts. These articles
offer rapid fixes and function as a speed track system. Through Article 32, a person
is free to approach the Supreme Court directly without having to deal with the
inconvenience of going through subordinate courts. Thus, the Constitution
guarantees and preserves our inalienable right to access the legal system. In a
similar vein, Article 226 of the Constitution grants the High Courts authority and
guarantees that anyone may file a case there for any reason, including a violation of
a fundamental right. Comparing Article 32 to Article 226 in this sense, Article 32 is
more restrictive because it can only be used in situations where fundamental rights
have been violated. However, the High Courts can be contacted on any matter
(including those that do not necessarily involve violations of fundamental rights) by
means of Article 226.
One essential tool for ensuring that people can access the courts is legal aid. The
Supreme Court has consistently affirmed the Constitution's guarantee of access to
justice as a fundamental right and has taken progressive steps to advance this goal.
It has achieved this by using a dual approach that involves easing procedural rules in
certain situations and losing the conventional rules of locus standi. The courts have
frequently taken the lead in designating commissioners and expert panels to handle
pro bono cases or situations in which the party requires legal representation. In
essence, the Public Interest Litigation process is used by the courts to hear
complaints from the underprivileged and marginalized groups in society. It is a tool
for airing complaints in public where the society as a whole, rather than an individual
feels aggrieved.[3]
4. Case
In Anita Kushwaha v. Pushap sudan,2016 [i] supreme court held access to justice
a facet of right guaranteed under article 14 and 21 of the constitution of India.
The following are the four facets that constitute the essence of access to justice:
a. The state needs to offer a reliable system of adjudication.
b. The mechanism that is offered must be a reasonable distance away.
c. The adjudication procedure needs to move quickly.
d. Access to the adjudicatory process for litigants must be reasonably priced.
"However, regrettably, India can still boast of having a sufficient number of courts,
judges, and judicial magistrates. Due to a shortage of judges in courtrooms, there
are still a great deal of cases that are pending before trial courts and higher courts.
These are the main issues preventing Indians from having a good, quick access to
justice. The appointment of judges at both the higher and lower levels has been
consistently delayed, which adds to the backlog of cases and slows down the
process.[4]
5. Conclusion
One essential idea that guarantees everyone, irrespective of socioeconomic
background, has access to the legal system is access to justice. It gives people the
ability to defend their rights and pursue justice, making it the cornerstone of a just
and democratic society. Universal access is hampered, nevertheless, by enduring
issues like unequal representation, complicated legal procedures, and financial
barriers. Legal aid must be given priority in any effort to improve access to justice,
along with process simplification and awareness-raising. Adopting technology can
help achieve greater efficiency and reach. In summary, promoting universal access
to justice is essential for maintaining equality, protecting human rights, and
maintaining the rule of law in communities all over the world.
6. Citation
1. Introduction available at https://www.un.org/ruleoflaw/thematic-areas/accessto-justice-and-rule-of-law-institutions/access-to-justice/ (Last visited on 5
December at 10:00 am)
2. History available at https://globalaccesstojustice.com/historical-background/
(Last visited on 5 December at 11:00 am)
3. Constitutional provisions on access to justice available at
https://www.ijlmh.com/wp-content/uploads/2019/03/Access-to-Justice-inIndia.pdf (Last visited on 5 December at 7:00 pm)
4. Case available at https://www.legalserviceindia.com/legal/article-4069-accessto-justice.html (Last visited on 5 December at 8:00 pm)
