ACCESS TO JUSTICE TOWARDS THE CREATION OF INCLUSIVE SOCIAL ORDER outside. In this wise, although we became independent on August 15, 1947, yet we became a full Republic on January 26, 1950. In the matters of means to realise the objective of inclusive society, we have solemnly resolved to constitute India, into a “Socialist, Secular, Democratic” State.6 This implies that for the fructification of constitutionally envisioned ‘inclusive society’, the Indian State shall always remain informed by the values of socialism, secularism and democratic tradition. That is, the Indian State in the matters of governance shall remain anchored to the philosophy of social welfare – welfare of all – irrespective of any consideration as of religion, race, caste, sex, et cetera. For protecting constitutionalism, implying thereby a system of governance in which sovereignty lies in the Constitution, the Indian State in its governance is required to function through three distinct organs, namely the Legislature, Executive, and Judiciary. Each one of these has a distinct domain to function, and yet all of them are required to work in unison to fulfil the common constitutional objectives. In fact, the three-fold division or separation of powers is designed to maintain a system of checks and balances, in which Judiciary has been assigned the role of balancing, ensuring that all the organs of the State (including the judiciary), in the pursuit of realising the common constitutional objectives, function as per the limits laid down in the Constitution. One of the most critical and crucial questions of constitutional import is: how the central objective of inclusive society, premised on justice, liberty and equality, is accomplished? It is to attain this objective, the notion of ‘access to justice’ as an integral part of Rule of Law, to be read as Rule of the Constitution, comes into play. In this respect, there are at least two broad perspectives, which may be deciphered from the Constitution. One, wherein we endeavour to establish inclusive society by having ‘access to justice’ with the instrumentality of courts. Two, wherein we tend to create inclusive social order without the intervention of courts. These two perspectives of access to justice may be delineated in the following next two sections, respectively. 6 See supra, note 2. 3