Access To Justice Issues

What Is Access to Justice

The right to fair, timely, and affordable legal processes.

Includes access to:

Courts and tribunals

Legal representation (lawyers, aid)

Information and procedural fairness

Barriers include costs, delays, complexity, discrimination, and physical or social obstacles.

Constitutional guarantees (e.g., right to legal aid, fair trial)

Statutory frameworks for legal aid and public interest litigation

Judicial interpretation expanding or limiting these rights

Facts: Clarence Gideon was denied a lawyer because he couldn’t afford one.

Issue: Whether the Sixth Amendment right to counsel applies to indigent defendants in state courts.

Ruling: U.S. Supreme Court ruled that state courts must provide legal counsel to defendants who cannot afford one.

Takeaway: Landmark ruling making access to legal representation a constitutional right.

Facts: Maneka Gandhi’s passport was impounded without clear reasons.

Issue: Whether procedural due process is required in administrative actions restricting rights.

Ruling: Supreme Court held that right to life and liberty includes right to fair procedure, strengthening access to justice.

Takeaway: Expanded the scope of due process and procedural fairness under Article 21.

Facts: Challenge to employment tribunal fees that prevented many from accessing justice.

Issue: Whether tribunal fees violated access to justice.

Ruling: Supreme Court declared fees unlawful and unconstitutional as they restricted access to courts.

Takeaway: Economic barriers must not prevent people from seeking justice.

Facts: Issue regarding denial of admission due to high fees in private colleges.

Issue: Whether education is part of right to life and access to justice.

Ruling: Court ruled that right to education is integral to right to life, linking social justice with access to justice.

Takeaway: Access to justice is not limited to courts but broader social rights.

Facts: SFO discontinued investigation into BAE Systems due to national security concerns.

Issue: Whether public interest overrides access to justice in criminal investigations.

Ruling: Court recognized limits on access to justice for greater public interest but stressed transparency.

Takeaway: Access to justice can have exceptions but requires clear reasoning and oversight.

Facts: Guidelines to prevent custodial torture were needed due to denial of access to legal aid and fair treatment.

Ruling: Supreme Court mandated safeguards like informing relatives of arrest, medical exams, and lawyer access.

Takeaway: Access to justice includes protection from state abuse and procedural safeguards.

Case	Jurisdiction	Issue	Key Principle
Gideon v. Wainwright (1963)	USA	Right to legal counsel	Legal aid is a constitutional right
Maneka Gandhi v. India (1978)	India	Due process in administrative actions	Fair procedure essential for liberty
Unison v. Lord Chancellor (2017)	UK	Tribunal fees	Economic barriers violate access to justice
Mohini Jain v. Karnataka (1992)	India	Education & right to life	Right to education part of access to justice
Corner House Research (2008)	UK	Public interest vs. justice	Transparency needed even in security exceptions
D.K. Basu v. West Bengal (1997)	India	Custodial safeguards	Protection and fair treatment in detention