Access to Justice in India

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Context

Justice Surya Kant highlighted major gaps in justice delivery while inaugurating Phase III of the e-Courts Project, emphasising the need for a citizen-centric digital judiciary.

He stressed that despite constitutional guarantees, a significant gap remains between legal entitlements and citizens’ lived realities.

Issues with Access to Justice in India

Triple Barrier

Access to justice is hindered by:

  • Distance,
  • Delay,
  • Implementation gaps.

Massive Case Pendency

Over 5 crore cases are pending across Indian courts, with nearly 85% pending in subordinate courts.

Judicial Vacancies

According to the India Justice Report 2025:

  • More than 5,600 judicial vacancies exist,
  • Around 33% vacancies are in High Courts.

Low Judge-to-Population Ratio

15 judges per 10 lakh population15\ judges\ per\ 10\ lakh\ population15 judges per 10 lakh population

India has only around 15 judges per 10 lakh population, far below the Law Commission’s recommended 50 judges.

Undertrial Crisis

Nearly 76% of prisoners in India are undertrials, reflecting delays in criminal justice delivery.

Procedural Delays

Frequent adjournments, complex legal procedures, and weak case management systems slow adjudication.

  1. Courts Project

The e-Courts Project is a flagship initiative launched in 2005 under the National e-Governance Plan to modernise the judiciary.

Objectives

  • Improve access to justice,
  • Reduce delays,
  • Increase transparency through technology.

Key Features

  • e-Filing,
  • Virtual hearings,
  • Online case tracking,
  • National Judicial Data Grid (NJDG),
  • Integration with e-Prisons and police systems.

eSewa Kendras

These centres help digitally excluded citizens access court services.

Other Important Initiatives

Legal Aid & Outreach

  • National Legal Services Authority (NALSA)
  • Tele-Law Programme
  • Nyaya Bandhu

Speedy Justice

  • Fast Track Courts,
  • Lok Adalats,
  • Alternative Dispute Resolution (ADR).

Transparency Measures

  • Live streaming of proceedings,
  • National Judicial Data Grid (NJDG),
  • Recognition of electronic evidence under BNS, BNSS, and BSA, 2023.

Measures to Improve Access to Justice

Strengthening Judicial Capacity

Increase judge strength and fill vacancies to reduce pendency.

Digital Transformation

Expand e-filing, virtual hearings, and digital infrastructure in rural areas.

ADR Mechanisms

Promote mediation, arbitration, and Lok Adalats to reduce court burden.

Legal Aid Expansion

Strengthen NALSA and legal awareness programmes for vulnerable groups.

Judicial Infrastructure

Improve court infrastructure and expand Gram Nyayalayas.

Conclusion

Ensuring access to justice is essential for strengthening the rule of law and constitutional democracy in India. Judicial reforms, technological integration, and inclusive legal aid mechanisms are critical for delivering timely, affordable, and equitable justice to all citizens.

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