Access to Justice towards the Creation of Inclusive Social Order
as Envisaged under the Constitution: A Juridical Critique of
Human Rights Perspective
Virendra Kumar*
Abstract
‘Access to Justice’ is a concept and a contrivance as well. It’s one of the singular objectives
in the creation of an inclusive social order, which has emerged as a universal principle
of peace and development, for inclusivity promotes unity in diversity and strengthens
democratic participation without undermining the dignity of the individual. This indeed is
our most cherished constitutional goal. In order to realise this singular objective, the two
constitutional perspectives; namely, access to justice with the intervention of court vis-àvis Fundamental Rights and access to justice without court intervention vis-à-vis Directive
Principles of State Policy have been explored. We have attempted to show that for the fruition
of directives, it is not necessary at all to make them justiciable; rather, doing so would be their
misconstruction. Functionally, both the perspectives are not merely complementary; rather,
it is the directives that prepare the base for the enforceable Fundamental Rights and, thereby,
enriching the whole gamut of human rights jurisprudence!
1. Introduction: Access to Justice and Complexion of the Indian State in
its Realisation
In the celebration of 75 years of India’s Independence as Azadi ka Amrit Mahotsav, we are
prompted to take into account, how, in what manner, and to which extent we have hitherto
succeeded in fulfilling the promises that we, the people of India, made to ourselves in the
Constitution of our own making. Speaking pragmatically, all the promised goals tend to
converge into the realisation of an inclusive social order, which is constitutionally conceived
and proclaimed as ‘Fraternity’ in the very Preamble of the Constitution.
*
Dr. Virendra Kumar is Professor Emeritus in Law and Founding Director (Academics) at Chandigarh Judicial Academy, Chandigarh
1