Constitutional foundation
Barriers and Reforms in Access to Justice for Marginalised Citizens: Access to justice is a fundamental pillar of democracy. The Constitution of India guarantees equality before law under Article 14, protection of life and personal liberty under Article 21, and provision of free legal aid under Article 39A. These provisions ensure that justice is not denied due to economic or social barriers.
Static GK fact: Article 39A was inserted by the 42nd Constitutional Amendment Act of 1976.
Major barriers in accessing justice
Geographical challenges
Courts and law schools are often concentrated in urban centres, leaving rural and remote citizens with limited access. Long travel distances and inadequate infrastructure make justice inaccessible.
Linguistic limitations
Legal education and proceedings are dominated by English, creating barriers for citizens familiar only with regional languages. This reduces inclusivity in the judicial process.
Economic constraints
The high cost of litigation, advocate fees, and legal education makes justice unaffordable for weaker sections. Lack of financial resources keeps many away from courts.
Social and structural barriers
The caste system, widespread illiteracy, and low levels of legal awareness prevent marginalised groups from asserting their rights.
Digital and infrastructural gaps
The digital divide and poor infrastructure in lower courts slow down reforms. Over 4.6 crore cases are pending in district and subordinate courts across India.
Static GK fact: As of 2025, India has one of the world’s largest judicial backlogs, with pendency crossing 5 crore cases across all levels of courts.
Institutional initiatives
National Mission for Justice Delivery and Legal Reforms
This initiative focuses on improving court infrastructure, reducing delays, and ensuring accountability through structural reforms.
Legal Services Authorities Act 1987
The Act established National Legal Services Authority (NALSA), State Legal Services Authorities, and Lok Adalats to provide free legal services and alternative dispute resolution.
Static GK Tip: The first Lok Adalat was held in Gujarat in 1982.
E-Courts Mission Mode Project
This project promotes digitization of court records, e-filing, and virtual hearings to reduce delays and increase transparency.
Way forward
Linguistic inclusivity
Promoting regional languages in court proceedings and legal education will make the system more accessible.
Financial support in legal education
Scholarships, stipends, and fee waivers can help students from weaker sections pursue law.
Expanding local access
Setting up more district courts, law schools, and legal aid clinics will reduce dependence on distant urban centres.
Technology-driven reforms
Use of AI-based tools, online dispute resolution, and digital platforms can fast-track justice delivery while reducing pendency.
Static Usthadian Current Affairs Table
Barriers and Reforms in Access to Justice for Marginalised Citizens:
| Topic | Detail |
| Articles ensuring access to justice | Article 14, Article 21, Article 39A |
| Year Article 39A added | 1976 (42nd Amendment) |
| Cases pending in lower courts | Over 4.6 crore |
| National Mission for Justice Delivery launched | 2011 |
| Legal Services Authorities Act | 1987 |
| NALSA established | 1995 |
| First Lok Adalat | 1982, Gujarat |
| E-Courts Mission Mode Project | Launched in 2005 |
| Chief Justice’s concern | Barriers faced by marginalised citizens |
| Key reform measures | Linguistic inclusivity, scholarships, regional courts, technology integration |
