Context: Recently, the Supreme Court imposed costs of Rs. 1 Lakh on an “unscrupulous” litigant filing repetitive & meritless pleas while holding that the right to access courts is not absolute and must be exercised responsibly.

• Acknowledging the right to access to justice as the cornerstone of democracy, SC recently imposed a penalty on a petitioner for filing multiple frivolous litigations that burden the judicial system. 

• A frivolous litigation is a lawsuit that lacks any arguable basis either in law or in fact and intends to harass, or delay the judicial process. 

• The issue was also taken up by the apex court earlier in the Subrata Roy Sahara Vs Union of India (2014), Dalip Singh v. State of Uttar Pradesh and others (2010), and the K.C. Tharakan Vs State Bank of India & Ors (2023). 

Right to Access to Justice

• Meaning: It is a basic principle of the rule of law and deals with the ability of people to seek and obtain a remedy through formal or informal institutions of justice for grievances. 

• SC in Anita Kushwaha v. Pushap Sudan (2016) held Access to Justice is a Fundamental Right under Article 14 (Right to Equality) and Article 21 (Right to Life and Personal Liberty). 

Other Provisions related to Right to Access to Justice

• Constitutional

• Preamble covers social, economic and political justice.

• Directive Principles of State Policy under Article 39A (Right to free legal aid).

• Article 32 (Right to Constitutional Remedies) Article 226 (Power of High Court to Issue Writs). 

• Public Interest Litigation: Liberalised the rule of locus standi (where only the aggrieved person can file a case for the enforcement of right), to allow public spirited persons or organizations for the same. 

• Alternative Dispute Redressal Mechanisms (ADR): Grievance Redressal with lesser formality at lower cost. 

Essential elements of access to justice

• Legal framework: A legal system that is established, protected, and promoted by law 

• Legal aid: Access to legal representation and aid 

• Fair procedures: A fair and impartial process for adjudication 

• Enforceable solutions: A system that can provide remedies for grievances 

• Legal awareness: The ability to understand legal rights and protections 

• Access to institutions: Access to courts and other legal institutions 

• Civil society oversight: Oversight by civil society and parliament 

• Alternative dispute resolution: Mechanisms to resolve disputes outside of formal court litigation 

Examples of alternative dispute resolution mechanisms

• Lok Adalats

• Informal courts in India that provide a quick and inexpensive way to resolve disputes 

• Non-formal indigenous courts

• Informal dispute resolution processes that are based on indigenous practices

Conclusion

• Thus, based on fundamentally humanitarian grounds, free Legal Aid and Access to Justice in India ensures that its citizens can get legal services without any hindrances. It also underlines the fact that justice in the country is a fundamental right.

• It has seen significant transitions over the history of its implementation. Legal aid has significantly changed the scenario of PILs and impacted society by important, landmark judgments under this very system. Indeed, there are several rough patches in the provision and implementation of legal aid and ensuring justice in India, but it has been a boon to its citizens.