JOURNAL OF THE NATIONAL HUMAN RIGHTS COMMISSION, INDIA VOL. 21, 2022 2. Creation of inclusive society by having ‘access to justice’ with the instrumentality of Courts The system of hierarchy of courts has been created as envisaged under the Constitution.7 In this respect, speaking functionally, the whole notion of ‘Access to Justice’ boils down to, what is termed as, procuring justice through ‘judicial remedies’ as provided in the law enacted by the State8 in pursuance of the principles spelled out in the Constitution. Realisation of inclusive society through the contrivance of access to justice (judicial remedy) has many facets. In particular, the following nuances of access to justice through courts may be noticed: (A) Access to justice via judicial remedy in the matters of private agreements Ordinarily, as a matter of course, the conflict problems arising out of private agreements are sought to be resolved in terms of stipulations laid down in the framework of agreements between the contracting parties. As such, the private conflict problems fall outside the realm of judicial remedies. However, in certain situations wherein the private agreements, prima facie, are lop-sided and thus resulting into clear exploitation of one party, which is usually the weaker (socially, economically, politically), by the other party, which is invariably always the stronger, intervention by the State becomes imperative in the larger public interest. Indeed, the State is obligated to intervene, as we, the people of India, have solemnly resolved to constitute India bearing, inter alia, the ‘socialist’ and ‘secular’ complexion, as proclaimed in the very Preamble of the Constitution. One such situational predicament, somewhat in a precipitated form, arose in the ‘real estate sector’, which continues to fulfil the increasing demand for housing, especially in the expanding urban populous areas.9 Though the real estate sector had grown significantly in recent years, yet there was hardly any effective substantive regulatory 7 8 9 4 See, the Scheme under the Constitution regarding courts - PART V - THE UNION, CHAPTER IV: THE UNION JUDICIARY; and PART VI - THE STATES, CHAPTER V: THE HIGH COURTS IN THE STATES and CHAPTER VI: SUBORDINATE COURTS. Broadly, for all intents and purposes, State means and includes, as defined under Article 12, and reiterated under Article 36 of the Constitution, “The Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.” The usual surmise on this count is that the share of urban population of the total is constantly increasing, and it is estimated that close to the year 2050, more people in India would live in urban areas rather than rural.