Right To Access Justice Not Absolute

Right To Access Justice Not Absolute

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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Special Leave Petition

  • Article 136: The Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.
  • Discretion: The Supreme Court may or may not accept the appeal for the leave. If approved , the special leave appeal becomes a Special Leave Petition.
  • Grounds: An SLP can be filed when there is, 
    • A  substantial legal issue is involved 
    • There is a perceived injustice 
    • When a High Court refuses to grant a certificate of fitness for appeal to the Supreme Court 
  • Filing an SLP:  
    • File within 90 days of the High Court judgment
    • File within 60 days of the High Court’s refusal to grant a certificate of fitness for appeal

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UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
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Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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