THE RIGHT TO ACCESS JUSTICE: A CONSTITUTIONAL MANDATE IN INDIA
AUTHOR – PRINCE YASHWANT RAMESH, STUDENT AT GAUTAM BUDDHA UNIVERSITY, GREATER NOIDA
BEST CITATION – PRINCE YASHWANT RAMESH, THE RIGHT TO ACCESS JUSTICE: A CONSTITUTIONAL MANDATE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 480-484, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
The Right to Access Justice in India has evolved from a procedural entitlement into a substantive, enforceable Fundamental Right, rooted in the constitutional guarantees of equality, liberty, and dignity. This paper examines how the Supreme Court, through progressive interpretation of Articles 14, 21, and 39A, has institutionalized access to justice as an essential component of the rule of law. It traces the historical development of the concept—from mere access to courts to a broader framework encompassing affordability, accessibility, effectiveness, and speedy adjudication, as articulated in Anita Kushwaha v. Pushap Sudan. The paper further explores how Article 14 combats arbitrariness, how Article 21 mandates fair and reasonable procedures including free legal aid and speedy trial, and how Article 39A provides the constitutional foundation for equal justice through mechanisms like NALSA under the Legal Services Authorities Act, 1987. Despite a strong constitutional and judicial framework, challenges such as judicial backlog, poor legal awareness, and inconsistent quality of legal aid hinder realization of this right. The study concludes that effective implementation, infrastructural strengthening, and enhanced legal literacy are essential to ensure that the promise of justice—social, economic, and political—reaches every citizen.
Keywords – Access to Justice; Article 14; Article 21; Article 39A; Free Legal Aid; Equality Before Law; Fair Procedure; Speedy Trial; Judicial Activism; Public Interest Litigation (PIL); Legal Services Authorities Act, 1987; NALSA; Substantive Justice; Rule of Law; Constitutional Mandate.