Equity in the Courtroom: A Constitutional Reappraisal of Access to Justice in India
Year: 2026
Type: article
Abstract: Access to justice forms an important part of the constitutional ideal of India, as evident from the promise made in the Preamble to guarantee social, economic and political justice to all. However, in reality, access to courts and law continues to be extremely challenging for many people. Lack of money, complicated process, time-consuming procedure and expensive legal procedure are some common obstacles that prevent people from accessing law. While Article 39A of the Indian Constitution envisages that justice should not remain inaccessible due to lack of money and other factors, this has been partially achieved. The paper highlights the discrepancy that exists between the constitutional promises and the actual experience of the people while accessing justice. The analysis is based on the review of some important constitutional provisions, namely Articles 14, 21, 32, 142 and 226. The study reveals how the interpretation of these articles has evolved through time and how they have contributed to an extension of the definition of justice from the procedural sense to the substantive sense. The paper also analyses the current initiatives in making access to justice easier by means of organisations like the National Legal Services Authority and legal aid systems across the nation. Although such steps reflect advancement, they still have their shortcomings if there is no improvement in the process itself. It can thus be said that the paper calls for a user-friendly system wherein legal proceedings can be made easy for all, where legal aid can be enhanced in terms of both quality and accessibility and the use of technology can be utilised judiciously.
Authors: Singla, Dr. Deepti, Ms. Ankita
Institution: Amity University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7214535739
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