Question

Every citizen has the right to justice, but the majority do not have access to law.' In
the context of the above statement explain any two ways in which PILs are important.
please tell me? ​

Answer 1

Answer:

NJA South Zone Regional Judicial Conference

on

“Role of Courts in upholding Rule of Law”

at

Tamil Nadu State Judicial Academy

31.01.2014 to 02.02.2014

RULE OF LAW & ACCESS TO JUSTICE

By

Hon’ble Mr. Justice F.M. Ibrahim Kalifulla1

“Be you ever so high, the law is above you.”

- Lord Denning

1 - Introduction

I deem it a matter of pride, pleasure and privilege to be present before this august

gathering that have assembled here in this purposeful event and I extend my sincere

appreciation to the National Judicial Academy and High Court of Madras for organising

the Conference on the “Role of Courts in Upholding Rule of Law.” The issues of rule of

law and access to justice are very essential ingredients of the justice delivery system and

go hand in glove in ensuring its aura reaches the contours of the entire population of a

country. The role of the three organs, i.e. the Legislature, Executive and Judiciary are

significant in ensuring that the same is upheld and proper mechanisms are implemented

for easier and efficient access to justice. The Judiciary in particular, as the Guardian of

the Constitution and the people, play an important role in overseeing the same. Hence,

through this lecture, I will be explaining the significance of the concept of rule of law,

with specific reference to the judiciary and its positive influence in the rendering of

justice, along with the concept of access of justice with suggestions in improving its

reach.

2 - Concept of Rule of law

As propounded by Massey in his book on ‘Administrative Law’, Rule of Law is a

dynamic concept and, like many other such concepts, is not capable of any exact

definition. However, it does not mean that there is no agreement on the basic values

which it represents. Rule of Law collates the rules which are based on the principles of

freedom, equality, non-discrimination, fraternity, accountability and non-arbitrariness and

is certain, regular and predictable. “The concept shares the common English inheritance

1 Judge, Supreme Court of India. Lecture delivered at the Tamil Nadu Judicial Academy on the occasion of

the Regional Judicial Conference (South Zone) from 31st January to 2nd February 2014. I would like to acknowledge and appreciate the support and contribution of my