The role of lawyers in strengthening access to justice in India

Abstract

In a democratic order, access to justice is an essential condition of justice and lawyers play an irreplaceable role in making the constitutional promises of justice a reality for millions of people in India. The article reviews the history and colonial roots of the legal profession, discusses the constitutional and statutory framework that seeks to ensure access to justice in India, and explores the various socio-economic and geographical barriers and enablers to equal access to justice. The article critically examines key judgments of the Supreme Court of India such as Hussainara Khatoon v State of Bihar, Khatri v State of Bihar, M.H Hoskot v State of Maharashtra, etc. which have influenced the evolution of jurisprudence on legal aid and access to justice. It also reviews the Advocates Act 1961, the Legal Services Authorities Act 1987 and the recent changes in policy and legislation that have changed the nature of the lawyer's work. The conversation continues on issues confronting both the profession and society such as pendency of cases, lack of legal knowledge, lack of infrastructure, digital divide and so on, with specific recommendations for reform, and ends with a statement of how lawyers can make a difference in a just society.