BAR AND BENCH: AN IMPEDIMENT TO JUSTICE THAT THEY ARE PROTECTORS OF?

Abstract

The Constitution of India is the law of the land as it governs the duties and powers of the government authorities and lays down the fundamental rights and duties of the citizens. The Preamble of our Constitution guarantees ‘social, economic and political justice’ to all its Citizens. The Judicial system is therefore entrusted for providing justice to all without any bias and prejudice. The two pillars of the Judiciary, the Bar and Bench aims at taking such steps which ensures justice to the people of India. Thus, access to justice is one fundamental right which should be freely available to all, but unfortunately in India, this is a pervasive problem. The Judiciary has failed to respond to the various injustices done to the people. Though our Constitution aims at providing free legal aid to the poor and marginalised section by way of Article 39A yet, it is unsuccessful in doing so. This has led to the loss of faith of our citizens in the Indian judicial system. Thus, it is the need of the hour that necessary steps should be taken by the Bar and Bench in order to make justice accessible to all. In the paper, the authors will be dealing with the extent of efficiency of the Bar and Bench in providing justice to the people of India.