The 42nd Amendment brought in the Article 39A of the Constitution that provides that the State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure the opportunities for securing justice are not denied to any citizen by reason of economic and other disability. This Article emphasises that free legal service is an inalienable element of 'reasonable, fair and just' procedure, for without it a person suffering from economic or other disabilities would be deprived of the opportunity for securing justice. This was indirectly provided by the Article 14 and 22(1) of the Constitution however this specifically reiterated the demand for free legal aid to the deserved, poor, downtrodden and the weaker sections of the society. Even the Preamble envisaged, “to secure to all its citizens JUSTICE, social, economic and political” and hence, our constitutional fathers also thought along the same line. Access to Justice is therefore a commitment to ensure that the people have a right to have their grievances redressed, and a right to pursue their legal remedies, either in court proceedings, or other informal proceedings, so as to ensure that their rights are protected. It means the right of the people to effectively have access to their rights, and also the way to enforce them, and to approach a forum for adjudication, in the event of these rights being threatened or violated. Disparity in equality, Discrimination in everyday life, poverty and social exclusion remain massive barriers for nation development. Poor people and marginalized groups may not be aware of their legal rights and often lack legal protection and the financial necessities to remedy their grievances, resulting in increased vulnerability and further isolation. This foundation firmly believes that legal aid to the really deserved, poor and marginalized members of the society is thus seen as an instrument to empower the disadvantaged sections to use the power of the law to advance their rights and interests as citizens in the realization of Justice.
