ACCESS TO JUSTICE TOWARDS THE CREATION OF INCLUSIVE SOCIAL ORDER
of education in nation building.91 Although it may sound ironical and yet this is true that it
is ‘education’ and education alone, which may strengthen the course of ‘access to justice’,
rather than vice versa!
Conclusion: ‘Access to Justice’ — in quest for ‘THE TRUTH’
‘Access to justice’, speaking metaphorically, is a continual quest for The Truth. In the domain
of constitutional system of governance in which sovereignty lies in the Constitution,
accessing ‘justice’, with or without the intervention of courts,92 is indeed a quest for the
truth. And ‘the truth’ mostly means an unrelenting exploration of constitutional values for
discovering the newer and newer dimensions of justice. Here, for all intents and purposes,
‘the truth’ is synonym for the ‘constitutional justice’, that is, justice under the ‘constitutional
law’,93 which itself is premised on all such perennial values as of morality, ethics, rationality,
equality, equity, just and fairness, et cetera.94 All these values, commonly considered
as essential attributes of justice, are broadly embodied in terms of “Justice”, “Liberty”,
“Equality”, and “Fraternity”, as proclaimed in the Preamble of our Constitution.95 At times,
these values are also cumulatively called, although in a most generic manner, inhering the
principle of ‘constitutional morality’. Moreover, the very realisation of an inclusive social
order via access to justice through constitutional values is an integral part of the implied
91
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95
Cf. Primacy of Education accorded by the British as the most powerful tool of governance in their Political Armory! Tony Blair, a distinguished
British Labour Statesman (with victories in 1997, 2001, and 2005, Blair was the Labour Party’s longest-serving Prime Minister), for instance,
proudly proclaimed: “Ask me my three main priorities for Government, and I tell you: Education; Education; and Education.” (From the
speech at the Labour Party Conference, October 1, 1996). In India, on the other hand, for the persisting pathetic picture of school education,
see, The Sunday Tribune, July 10, 2022: “4 years on, government school yet to get own building” — in the primary school, students at Ravidas
Dharamshala in Karnal, there are only two teachers on deputation to accommodate 165 students of five classes; teaching all subjects,
no toilets, no drinking water facilities! See also, Chandigarh Tribune, July 10, 2022: “Special kids have fundamental right to elementary
education: HC.” The Punjab and Haryana High Court had specifically stated that the State was “duty bound” to provide the same in
accordance with the statutory provisions; The Tribune, September 8, 2022: “Parents lock school in Panipat village, protest shortage of
teacher” – no teacher was left in the school to teach 200 students enrolled in Class VI-VIII in the government school; Hindustan Times,
September 15, 2022: “Just 2 teachers for 300 students: Protest erupts at Karnal school”; The Tribune, September 19, 2022: “Two years on,
Morni college sans building – With 30 students, lone teacher, classes being held in polytechnic”; The Tribune, September 28, 2022 “Students
protest shortage of in Rohtak village” – in view of the shortage of teachers, a “peon had been deputed to teach the students as he had the
requisite qualification,” as per the statement of the school Principal.
See, supra, Part II and Part III.
In all modern developing societies, administration of justice means administration of justice according to law, for law and justice are
coterminous.
Encyclopaedic notion of justice usually entails such set of values on
which a society and the State must be based. In a formal sense, justice
is the set of codified norms that the State, through the competent bodies, dictates, enforces and sanctions when they are disrespected,
affecting the common good.
For their interrelation, see generally, supra, Part I.
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