Category Thematic Areas

India's commitment to justice is woven into the very fabric of its constitutional identity. The preamble to the Constitution of India embodies this vision by resolving to secure to all its citizens Justice – social, economic and political, affirming that an equitable justice delivery system is indispensable to the constitutional vision. This commitment is further reflected in Article 14. Moreover, judicial interpretation has also strengthened access to justice under Article 21. In Hussainara Khatoon v. State of Bihar (1979), the Supreme Court held that the right to a speedy trial is an essential ingredient of the right to life and personal liberty under Article 21 recognising that effective legal representation is indispensable for meaningful access to justice. Further Article 22(1) of the constitution requires that any person who is detained be given the right to “consult and to be defended by a legal practitioner of their choice”. To embed access to justice within the State's policy framework, the 42nd Constitutional Amendment Act, 1976 inserted Article 39A into the Directive Principles of State Policy, directing the State to ensure that the operation of the legal system promotes justice on the basis of equal opportunity and to provide free legal aid so that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.