Why in the News?

The Supreme Court fined Rs. 1 Lakh on a dishonest person who kept filing unnecessary and baseless cases. The Court said that while everyone has the right to go to court, it should be used responsibly.

What are the other provisions related to the Right to Access to Justice?

• Article 14 (Equality before the law): This article guarantees that everyone is treated equally under the law, regardless of their background or status.
  • A notable example is the Maneka Gandhi v. Union of India case (1978), where the Supreme Court held that the right to life and personal liberty under Article 21 also includes the right to fair procedure.
• Article 21 (Right to life and personal liberty): This article protects the fundamental right to life, which has been interpreted by the Supreme Court to include the right to a fair and just legal process.
  • In the State of Maharashtra v. Chandrabhan (1983) case, the Supreme Court ruled that access to justice is a key aspect of the right to life under Article 21, emphasizing the importance of protecting personal liberty.
• Legal Services Authorities Act, 1987: This Act ensures free legal aid for the poor and disadvantaged, promoting equality in accessing justice.
  • A significant example is the National Legal Services Authority v. Union of India (2014) case, where the Supreme Court directed the implementation of effective legal aid programs for the marginalized, making access to justice easier for underprivileged groups.
• Article 39A (Free legal aid): This article mandates the state to provide free legal assistance to ensure that no one is denied justice due to financial incapacity.
  • An example is the Laxmi v. Union of India (2014) case, where the Supreme Court directed the government to ensure legal aid is available for victims of acid attacks, recognizing that financial constraints should not prevent victims from seeking justice.
• Judicial Precedents (Supreme Court Decisions): The Supreme Court has consistently expanded the concept of access to justice. In Delhi Domestic Workers Forum v. Union of India (2016), the Court recognized the need for legal protection for domestic workers, expanding access to justice for marginalized groups.
• National Legal Services Authority (NALSA): NALSA has played a crucial role in ensuring legal aid for marginalized communities.
  • For instance, in the NALSA v. Union of India (2014) case, the Court ordered the government to set up legal aid camps and ensure access to justice for tribals and marginalized groups, further solidifying NALSA’s role in promoting equality and fairness in the legal system.

What are the essential elements for the Right to Access to Justice?

• Availability of Legal Remedies: Individuals must have access to effective legal remedies that can address their grievances.
• Affordability: Legal services should be financially accessible, with provisions for free legal aid where necessary.
• Awareness and Information: Citizens should be informed about their rights and the legal processes available to them.
• Fair Procedures: The judicial process must be transparent and fair, providing all parties an equal opportunity to present their case.
• Physical and Legal Access: This includes not only the ability to enter courts but also having the necessary support systems in place, such as legal representation and knowledge of the law.

Way forward: 

• Strengthening Legal Aid and Awareness Programs: Expand the reach of legal aid services and increase awareness campaigns to ensure marginalized groups are informed about their rights and legal remedies.
• Reforming Judicial Infrastructure: Enhance the accessibility and efficiency of judicial systems by addressing delays, improving court infrastructure, and ensuring the availability of affordable legal representation for all citizens.

Mains PYQ:

Q Judicial Legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian Constitution. In this context justify the filing of large number of public interest petitions praying for issuing guidelines to executive authorities. (UPSC IAS/2020)

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