Question

"everyone has access to the court "substantiate your statement

Answer 1

Answer:

Indian judicial system, like those in Commonwealth countries, is firmly rooted in the common law tradition. The subject of ‘access to justice’ is one of great contemporary importance. The words ‘access to justice’ immediately stir up in our mind the idea that every person who seeks justice must be provided with the requisite monies to approach a Court of Justice. But, that is not the only meaning of these words. They also refer to the nature of different rights, to the number of Courts, to the quality of justice, to the independence of the Judges who man the Courts, to legal aid and public interest litigation and so on.

Part I of this article refers to the history and development of the concept of access to justice in common law. Part II refers to the international law before examining the position in our country. It describes the pre- independence (before 1947), and post-constitutional developments and the evolution of legal aid. Part III refers to the power of judicial review in Indian constitutional courts. It touches upon judicial review of administrative action and PIL. Part IV refers certain issues that are relevant for the access to justice, viz., need for adequate courts, court fees and the independence of the judiciary.

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I

History of the Common Law right of ‘access to justice’

‘Access to Justice’ is a basic human right conferred by the common law and