The Supreme Court in a recent judgement rejected a Special Leave Petition underscoring that the Right To Access Justice is not absolute and and must be exercised responsibly.

• Case: The order came in the case of, Pandurang Vithal Kevne v. Bharat Sanchar Nigam Limited & Anr
• Background: The petitioner has challenged the Bombay High Court’s rejection of his second review petition by filing a Special Leave Petition
• Judgement: The Supreme Court of India has fined the petitioner ₹1 lakh for repeatedly abusing the judicial process by filing repetitive and meritless pleas and engaging in forum shopping for over 11 years

Right To Access Justice

• The Right to Justice:  Access to Justice is a basic principle of the rule of law, and it ensures that the legal system is transparent, fair, and protects the constitutional and human rights of citizens.
• Principles: The Right to Justice includes the following principle,
  • Access to judicial proceedings: The right to access the legal system, including criminal trials 
  • Fair trials: The right to have a fair trial where all parties contribute to the justice process 
  • Legal representation: The right to have legal representation in the courtroom 
  • Protection of constitutional rights: The right to have constitutional rights protected within the legal system 
• Fundamental Right: The Constitution Bench of the Supreme Court in the Anita Kushwaha v. Pushap Sudan case has held that access to Justice is a Fundamental Right guaranteed to citizens by Article 14 and Article 21 of the Constitution of India.
• Constitutional Provisions: 
  • Preamble: It covers social, economic and political justice.
  • Fundamental Rights: Right to Justice is not explicitly mentioned in the Constitution but finds implicit mention,
    • Article 13: Any law could be declared unconstitutional that violates the Fundamental Rights enlisted under Part III. 
    • Article 32: The right against constitutional remedies paves the way toward the Right to Justice by protecting citizens from the violation of their rights by the state or other entities.
  • Directive Principles of State Policy: Article 39A provides, Right to free legal aid which is institutionalised by constituting the National Legal Services Authority (NALSA)
• Other Provision: 
  • Public Interest Litigation: It is a legal process that allowed public spirited citizens and organizations to file cases of public importance in courts to protect the public interest.
    • PIL was introduced in India in the early 1980s by Justice V R Krishna Iyer and Justice P N Bhagwati 
  • Alternative Dispute Redressal Mechanisms (ADR): Such mechanisms offer grievance Redressal with lesser formality at lower cost. 
• Access to justice and International Human Rights Laws: The Universal Declaration of Human Rights drafted in the year 1948 gave universal recognition to the right of ‘access to justice’ in the following manner,
  • Article 6: Everyone has the right to recognition everywhere as a person before the law.
  • Article 8: Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights

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