JUDGEMENT
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(1.) Leave granted.
(2.) India is acclaimed for achieving a flourishing
constitutional order, an inventive and activist judiciary,
aided by a proficient bar and supported by the State.
However, the Courts and Tribunals, which the citizens are
expected to approach for redressal of their grievance and
protection of their fundamental, constitutional and legal
rights, are beset with the problems of delays and costs.
(3.) In a country where 36 per cent of the population live
below the poverty line, these deficiencies in the justice
delivery system prevent a large segment of the
population from availing legal remedies. The disadvantaged
and poor are deprived of access to justice because of the
costs of litigation, both in terms of actual expenses and
lost opportunities, and the laudable goal of securing
justice - social, economic and political enshrined in the
Preamble to the Constitution of India remains an illusion
for them. The infrastructure of Courts and the processes
which govern them are simply inaccessible to the poor. The
State, which has been mandated by Article 39A of the
Constitution to ensure that the operation of the legal
system promotes justice by providing free legal aid and
that opportunities for securing justice are not denied to
any citizen by reason of economic or other disabilities,
has not been able to create an effective mechanism for
making justice accessible to the poor, downtrodden and
disadvantaged. In last two and a half decades the
institution of the legal services authorities has rendered
yeoman's service in the field of providing legal aid to
the poor but a lot is required to be done for ensuring
justice to economically deprived section of the society
and those who suffer from other disabilities like
illiteracy and ignorance.;
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