The foundation of social justice lies in what the prime minister, Narendra Modi, called the “ease of justice”. Speaking at the national conference titled ‘Strengthening Legal Aid Delivery Mechanisms’ organised by the National Legal Services Authority, the prime minister, quite rightly, described ease of justice as justice which is timely, accessible and affordable to all irrespective of social and economic backgrounds. Mr Modi said that legal aid forms a crucial bridge between people and the judiciary. He appreciated the fact that Lok Adalats and the legal aid defence counsel system had resolved numerous litigations and that technological advances, such as the e-Courts project, were helping to further the reach of justice. Surya Kant, who is expected to be the next chief justice of India, spoke too, and said something similar: that legal aid should evolve into a system that responds with speed, clarity, and compassion and be affordable by all. He also appreciated that conciliatory fora and mediation had resolved many disputes. However, his opinion was slightly different on the aspect of technology. He said that technological advances must be guided by understanding, such as linguistic accessibility and local knowledge. The speech by the outgoing CJI, B.R. Gavai, focused on another aspect — the trust of the people. Not annual reports or statistics, he felt, but the gratitude and the renewed faith among communities marginalised and invisibilised, that someone was helping them assert their rights, would mark the real success of the legal aid system. This may indeed be an important point — but it can also be seen in a slightly different way. For instance, if the levers of India’s judiciary were to be amenable to public opinion — not just the views of those on the margins — it could render itself vulnerable to populist demands.
All three opinions expressed at the conference are important. But the principal point is that legal aid must indeed reach what the CJI called the last of the marginalised. The accessibility of justice is still a problem for many although legal aid has widened in scope over time. There is not enough awareness about affordable legal help, or even about rights that can be established with the help of law. Technological advance, as the CJI-designate said, must be carefully targeted, or the inaccessibility of language alone would become a barrier. The CJI mentioned another key point: justice is not a privilege of the few but the right of every citizen. Legal aid authorities need to overcome these challenges if justice is to be delivered to all who need it. There is still some way to go in this respect.