Rule of law is meaningless unless there is access to justice for the common
people. Access to justice is one of the constitutionally recognized human and
fundamental rights. Access to justice means to reach justice easily by legally
proceedings in appropriate time. Delivery of justice should be impartial and
non-discriminatory, state to taking all necessary steps to provide fair,
transparent, effective, and accountable service that promote access to justice
for all. legal aid programs are a central component of strategies to enhance
access to justice.
Access to justice is often used as a term for access to the
formal institution of the legal system by those in search of a remedy either
individuals in a particular civil or criminal case or collectively in a group of
action or constitutional challenges.
It is essential today for not only the effectiveness of the rule of law but also
enhancing access to justice.
Access to justice…?, In the civil justice system, it means that a person can
learn about her right and then give voice to them through a neutral and
nondiscriminatory formal or informal process that determine the fact, applies
the rule of law and enforce result. Viewed through the lens of human right
access to justice is the obligation of states to “construct a legal and
institutional framework which facilitates access to independent and effective
judicial and adjudicatory mechanisms and ensure a fair outcome for those seeking
redress without discrimination of any kind”.
The universal declaration of right, 1948. Gave recognition to two rights
pertaining to access to justice in following ways:
Article 8: Everyone has the right to an effective remedy by the competent
national tribunal for acts violating the fundamental rights granted to him by
constitution or by law.
Article 10: Everyone is entitled in full equality to a fair and public hearing
by an independent and impartial tribunal in the determination of his rights and
obligations and of any criminal charge against him.
In Anita kushwaha v. Pushap sudan
[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
- The state must provide an effective adjudicatory mechanism.
- The mechanism so provided must be reasonably accessible in term of
- The process of adjudication must be speedy.
- The litigants, access to the adjudicatory process must be affordable.
'But still unfortunately in India can claim to have adequate courtroom and
adequate number of judges and judicial magistrate. There are still many number
of cases are pending before trial courts and high courts because of lack of
judges in courtrooms. These are the major problem in India for delivery a good
speedy access to justice. There has been continuous inordinate delay in
appointment of higher and lower judiciary which in turn piles up cases and delay
Martin luther king jr, used the phrase in the form “justice too long delayed is
Access to justice not only about people seeking justice by court, but also endow
justice within reasonable time period.
Preamble of the constitution of India also enshrined justice: social, economic,
and political which means provide justice or access to justice to citizens of
India in different aspect of social, economic, political.
Article 39 also help to fulfill the concept of access to justice which also
enshrined equal justice and free legal aid for promotes justice.
Article 32 of Indian constitution which is also known as heart of our
constitution, provide concept of PIL (public interest litigation) which helps to
achieve the goals of access to justice. The PIL cannot be used in solving
disputes of private nature. PIL was evolved with a view to render justice to
poor & pauper, depraved, the illiterate and downtrodden who have either no
access to justice or had been denied justice. PIL has been evolved by apex court
of our country to bringing justice within easy reach of the poor.
If we look at criminal procedure code section 304 says that, legal aid to
accused at state expense in certain cases: where, in a trial before the court of
session, the accused is not represented by a pleader, and where it appears to
the court that the accused has not sufficient means to engage a pleader, the
court shall assign a pleader for his defence at the expense of the state.
State and Central government is established some authority to provide free legal
service help to people as follows:
- National legal service authority (NALSA)
- State legal service authority
- District legal service authority
- Supreme court legal service committee
- High court legal service committee
'These are the various governmental organization mechanism to provide free legal
aids plus speedy trials before court which helps to reach access to justice
I would like to conclude this blog here, that access to justice is one of the
most important object of our democratic country. ordinary peoples expects this
from court that they will get justice in the court, that's why peoples say so I
will see you in the court
because they hope that they will get access to
justice through the court. Judiciary always play a vital role in democracy when
no one listens to people, their court listens. Judiciary is free from bias and
always protect citizens fundamental rights, civil, political, social, economic
rights through access to justice.
A Judges is a very responsible person because
he is directly or indirectly influence the society at large by deliver a
judgments, order, bail, decree, etc. and peoples only hope that the decision
will come in their favor. if people won't have access to justice, then rule of
law is idle in democracy….thank you!
Written By Akhil Shrivastava -
Currently A 4th Year Law Student In
Dr.Harisingh Gour Vishwavidyalaya, Sagar. (M.P).