New Delhi: Chief Justice of India B.R. Gavai delivered a compelling call for transformative judicial reforms to address barriers preventing marginalised and vulnerable citizens from accessing justice and legal education. Speaking at the inaugural Professor N.R. Madhava Menon Memorial Lecture on September 17, 2025, at the Dr. Ambedkar International Centre (DAIC) in New Delhi, the CJI highlighted the critical challenges posed by geographical, economic, linguistic, and social obstacles. With over 4.6 crore cases pending in lower courts, his address underscored the urgent need to make justice equitable and accessible by 2047, marking India’s centenary of independence.
The lecture, themed Legal and Justice Education @2047: An Agenda for 100 Years of Independence, honored the legacy of Prof. N.R. Madhava Menon, a pioneer in legal education reform. It also served as a platform to launch three significant books: Sustainability and Subsistence: Legal Strategies for a Green Planet and Disaster Management Laws in Asia: A Retrospect, both edited by Prof. (Dr.) S. Sivakumar, and Law and Society: During and Post Covid Pandemic, edited by Mr. Sivakumar and Prof. (Dr.) Lisa P. Lukose.
The Constitutional Mandate for Access to Justice
At the heart of CJI Gavai’s address was the concept of access to justice, defined as a state’s ability to provide fair, equal, and timely judicial redress to all citizens. This principle is enshrined in the Indian Constitution through Article 14, which guarantees equality before the law, Article 21, which upholds the right to life and personal liberty, including speedy trials, and Article 39A, which mandates equal justice and free legal aid for the underprivileged. These provisions aim to ensure that every individual, regardless of background, can seek legal recourse without undue hardship.
However, the CJI emphasized that systemic barriers prevent millions, particularly those from rural areas, lower castes, and economically weaker sections, from realizing this constitutional promise. He described access to justice as more than courtroom entry—it is about empowering citizens to navigate the legal system with dignity and ease.
Identifying the Barriers to Justice
CJI Gavai outlined a comprehensive framework of barriers impeding access to justice, categorizing them into geographical, linguistic, economic, social, and systemic challenges:
- Geographical Barriers: For many in rural and remote areas, courts and law schools are physically out of reach. This distance forces individuals to incur significant travel costs or abandon legal pursuits altogether, leaving issues like land disputes or domestic violence unresolved.
- Linguistic Barriers: The dominance of English in legal education and court proceedings alienates large sections of the population unfamiliar with the language. This exclusion makes the law seem distant and elitist, undermining its role as a tool for empowerment.
- Economic Barriers: The high cost of legal education and litigation creates formidable obstacles. Aspiring lawyers from disadvantaged backgrounds face prohibitive law school fees, while litigants struggle with expenses for legal representation and court processes, limiting access for the poor.
- Social Barriers: The caste system, widespread illiteracy, and lack of legal awareness further deepen inequities. Caste-based discrimination can skew judicial outcomes, while illiteracy and unawareness of legal rights prevent individuals from engaging with the system.
- Systemic Barriers: The digital divide and inadequate physical infrastructure exacerbate challenges. As courts increasingly rely on technology, those without internet access or digital literacy are left behind. The backlog of over 4.6 crore pending cases in lower courts highlights the strain on judicial infrastructure, delaying justice and eroding public confidence.
These interconnected barriers, the CJI noted, perpetuate marginalisation, trapping vulnerable communities in cycles of exclusion.
Institutional Efforts to Bridge the Gap
India has taken significant steps to address these challenges through various institutional initiatives. The National Mission for Justice Delivery and Legal Reforms focuses on structural changes to enhance accessibility and accountability, aiming to reduce case pendency and promote alternative dispute resolution mechanisms.
The Legal Services Authorities Act, 1987, established the National Legal Services Authority (NALSA) and State Legal Services Authorities (SLSAs), which provide free legal aid to the underprivileged. Through Lok Adalats, or people’s courts, these bodies facilitate swift and cost-effective dispute resolution, resolving millions of cases annually outside traditional courtrooms.
The E-Courts Mission Mode Project is driving digitization by introducing online filing, virtual hearings, and digital record-keeping to streamline judicial processes. However, the digital divide remains a significant hurdle, particularly for those in remote areas without reliable internet access.
While these initiatives reflect a commitment to constitutional mandates, CJI Gavai stressed that their impact must reach the grassroots to truly transform the justice system.
A Visionary Platform for Change
The Professor N.R. Madhava Menon Memorial Lecture provided a fitting platform for these discussions, celebrating the contributions of a legal education pioneer. A video grab from the event, streamed on YouTube, captured CJI Gavai addressing an audience of legal scholars, policymakers, and students. The launch of the three books underscored the event’s focus on contemporary legal challenges, from environmental sustainability to the societal impacts of the COVID-19 pandemic.
Justice Surya Kant, poised to become the next CJI based on seniority norms, also spoke, emphasizing the need for compassion in justice administration. “Let algorithms schedule hearings, but let compassion govern proceedings. Let software find precedents, but let conscience find proportion. In 2047, the machine may assist, but the human must answer,” he said, advocating for a balance between technology and empathy. He further urged future lawyers to master “the language of the law, and the language of the people,” bridging the gap between legal terminology and public understanding.
A Roadmap for an Inclusive Future
CJI Gavai proposed a forward-looking agenda to dismantle barriers and ensure equitable access to justice by 2047:
- Linguistic Inclusivity: Promoting court proceedings and legal education in regional languages to make the law accessible to diverse populations, empowering non-English speakers to engage confidently with the system.
- Legal Education Reform: Offering financial support through scholarships, stipends, and fee waivers to encourage first-generation learners from disadvantaged backgrounds. Curricula should incorporate practical skills and regional contexts to produce a more inclusive legal workforce.
- Regional and Local Access: Establishing more courts, law schools, and legal aid clinics in underserved areas to reduce geographical disparities and bring justice closer to the people.
- Technology Integration: Leveraging technology, such as AI-assisted case management and online legal aid portals, to deliver justice efficiently, while addressing the digital divide to ensure inclusivity.
The CJI emphasized that linguistic exclusion and economic disadvantage have led to perpetual alienation. “If law is to be truly a tool of empowerment, then dismantling these barriers is essential,” he stated, calling for decisive action from all stakeholders.
Toward a Just and Equitable India
CJI Gavai’s address comes at a critical juncture, as India grapples with a judicial backlog and persistent inequities. The 4.6 crore pending cases underscore the need for systemic reforms to restore public trust and ensure timely justice. His vision for 2047 offers hope for a judiciary that serves all citizens, regardless of their socio-economic or geographic circumstances.
The lecture’s proposals could shape future policies, potentially leading to increased funding for rural courts, revised legal education frameworks, and greater integration of technology. By fostering compassion, inclusivity, and innovation, India can fulfill the constitutional promise of justice for all, creating a legal system that truly empowers its people.
As the nation approaches its 100th year of independence, CJI Gavai’s call for reform serves as a beacon for policymakers and citizens alike, urging collective action to build a more equitable judicial future.
FAQs
1. What are the main barriers to accessing justice in India, as highlighted by CJI B.R. Gavai?
CJI Gavai identified several barriers: geographical inaccessibility, as courts and law schools are often far from rural and remote areas; linguistic exclusion, due to the dominance of English in legal education and proceedings; economic challenges, with high costs of legal education and litigation; social issues, including the caste system, illiteracy, and lack of legal awareness; and systemic problems, such as the digital divide and inadequate infrastructure, with over 4.6 crore cases pending in lower courts.
2. How does the Indian Constitution support access to justice?
The Constitution guarantees access to justice through Article 14 (equality before the law), Article 21 (right to life and personal liberty, including speedy trials), and Article 39A (equal justice and free legal aid for the underprivileged). These provisions aim to ensure fair, equal, and timely judicial redress for all citizens, regardless of their background.
3. What institutional initiatives are in place to improve access to justice?
Key initiatives include the National Mission for Justice Delivery and Legal Reforms, which focuses on structural changes to reduce case pendency and enhance accountability; the Legal Services Authorities Act, 1987, establishing the National and State Legal Services Authorities and Lok Adalats for free legal aid and swift dispute resolution; and the E-Courts Mission Mode Project, which digitizes court processes through online filing and virtual hearings.
4. What solutions did CJI Gavai propose to address these barriers?
CJI Gavai suggested promoting linguistic inclusivity by using regional languages in courts and legal education; reforming legal education with financial support like scholarships and fee waivers for disadvantaged students; increasing regional access by establishing more courts, law schools, and legal aid clinics; and integrating technology, such as AI and online portals, while addressing the digital divide to ensure inclusivity.
5. What role did Justice Surya Kant emphasize for the judiciary’s future?
Justice Surya Kant, the next in line to become CJI, stressed that compassion and conscience should guide justice administration. He advocated for technology to assist with scheduling and finding precedents, but emphasized that human empathy must govern proceedings. He also urged future lawyers to be fluent in both “the language of the law” and “the language of the people” to bridge communication gaps.
