Right to Justice

Introduction

The fundamental goal of the law is to provide justice. The law is merely a written or unwritten form of the rule if it does not render Justice. To check how efficiently the judiciary is working by checking how the justice delivery mechanism of the judiciary works. Providing justice is not enough; being able to easily access a system through which citizens of a society can get justice is also mandatory. The litigant-centric approach is also discussed; this is the approach in which the state itself helps the masses of people who are unable to get justice. 

History of Right to Justice

Right of Access to Justice 

In the twelfth century, in England, during the rule of Henry II, he prompted the concepts of “access to justice” and “rule of law.” Later, he established a system of a writ in which all classes of people could avail themselves of justice from the kings themselves. Later that king’s justice was abused by King John, which led to a rebellion in 1215, and this rebellion led to the Magna Carta, which is the initial source of the British Constitution.

Blackstone said, “It is the function of common law to protect the weak from the insults of the stronger.”

Magna Carta’s three clauses for ‘right to access to court’-

No freeman shall be taken or imprisoned or disseised or outlawed or exiled or in any way ruined, nor will we go or send against him, except by the lawful judgment of his peers or by the law of the land. To no man will we sell, to no one will we deny or delay the right to justice.

Moreover, all those aforesaid customs and liberties, the observance of which we have granted in our kingdom as far as pertains to us towards our men, shall be observed by all our kingdom, as good clergy as laymen, as far as pertains to them towards their men

Wherefore, it is our will, and we firmly enjoin, that the English Church be free, and the men in our kingdom have and hold all the aforesaid liberties, rights, and concessions, well and peaceably, freely and quietly, fully and wholly, for themselves and their heirs, of us and our heirs, in all aspects and all places forever, as is aforesaid. An oath, moreover, has been taken, as well on our part as on the part of the barons, that all these conditions aforesaid shall be kept in good faith and without evil intention. “Given under our hand, the above-named and many others being witnesses, in the meadow which is called Runnymede, between Windsor and Staines, on the fifteenth day of June, in the seventeenth year of our reign,”

Access To Justice in India

In India, access to justice is always there; the mechanism for accessing justice delivery changes from the king’s courtroom (darbar) to the courtroom. It continued from pre-independence to post-independence. Article 372 of the Indian Constitution substantiates it. The two landmark and interesting case from pre-independence India showed access to justice were there-

Justice Madgavkar stated in the Bombay High Court case Re Llewelyn Evans AIR 1926 Bom 551, that “if the end of justice is justice and the spirit of justice is fairness, then each side should have equal opportunity to prepare its case and lay its evidence fully, freely, and fairly before the Court.” This necessarily involves preparation. Such preparation is far more effective from the point of view of justice if it is made with the aid of skilled legal advice, advice so valuable that in the gravest of criminal trials, when life or death hangs in the balance, the very state which undertakes the prosecution of the prisoner also provides him, if poor, with such legal assistance.

Justice Vivian Bose ruled in P.K. Tare v. Emperor, AIR Nagpur 26. ”The right is prized in India no less highly than in England, or indeed in any other part of the Empire, perhaps even more highly here than elsewhere, and it is jealously guarded by the courts.”

Universal Declaration of Human Rights

The Universal Declaration of Human Rights is a universal document adopted by all UN member countries in the General Assembly in 1948; it cherishes the rights and fundamental rights of all people.

Article 8: “Where there is a violation of fundamental rights granted by the Constitution or law, such remedy can be enforced through the competent national tribunals.”  

Article 10: “Everyone is entitled to a fair public hearing by an independent and impartial tribunal in the determination of his rights and liabilities, and against any criminal charge which he is accused of.”

“It is a principle of our law that every citizen has a right to access a court without any hindrance or interference.” The court said that in R. v. Secy. of State for Home.

Articles Enshrined Under the Constitution of India Dealing with Justice

Fundamental Rights-

ARTICLE 21-. life cannot exclude justice. The word ‘life’ in ‘Right to Life’ is in a broad sense.

ARTICLE 14- Not being able to access justice is not able to feel equal. Equality before the law and equal protection of the law both are related to justice.

In Delcourt v. Belgium, the European Court of Human Rights mentioned that “access to justice is a vital human and fundamental right,” which is related to Article 21 of the Indian Constitution.

Supreme Court Power-

Article 32 is a fundamental right that gives all Indian citizens the power to file a case directly in the Supreme Court, which is mainly divided into five writs and also has a limited scope.

ARTICLE 226: It is a constitutional right, and its broader scope for application in the high court includes fundamental and legal rights violations.

ARTICLE 142: The Supreme Court may issue any order necessary to administer justice completely and fairly in the case at hand. In the case Chandrakant Patil & Ors. V State through CBI (1998), the supreme court of India provide two condition-

(1) It can only be used if the court is otherwise exercising its jurisdiction.

2. The case or dispute pending before the Supreme Court must require the court’s order for complete justice to be served.

Free Legal Aid

ARTICLE 39-A: In this article, free legal aid is provided to all those people who are unable to afford legal representation or access to a court. 

In the words of Justice P.N. Bhagwati, “Legal Aid” means providing an arrangement in society so that the mission of administration of justice becomes easily accessible and is not out of reach of those who have to resort to it for enforcement… the poor and illiterate should be able to approach the courts, and their ignorance and poverty should not be an impediment in the way of their obtaining justice from the courts. Legal aid should be available to the poor and illiterate, who don’t have access to courts. “One need not be a litigant to seek aid by means of legal aid.”

In the Hussainara khatoon vs. State of Bihar case, it was ruled that if an accused person cannot afford to hire a lawyer on their own, then the state must provide them with free legal assistance. It is the responsibility of the government to ensure that justice is administered in accordance with equal opportunity standards for all its citizens. This means providing free legal aid to those who are unable to access justice due to economic or other impediments. (Article 39A of India’s Constitution)If an accused person does not have enough money available to pay for counsel, courts should appoint someone from the public defender service as their defence attorney at state expense.—(Section 304 of Code of Criminal Procedure 1973).

Conclusion

Justice and law are sometimes reciprocal toward each other. Delivering judgment without justice is like losing the varying essence of what it means. The paramount importance of access to justice was recognized by V. Krishna Iyer J. According to him, “access to justice is a basic human right. Until and unless there are no effective means to reach the doors of the court and enjoy the fruits of law and justice, directive principles will continue to remain a teasing illusion and promise of unreality.” 

By: Nikhil Yadav, a student at Dr. B.R. Ambedkar National Law University, Sonipat.