Report No. 114

5.4. Shift in the emphasis on the burden the court system to denial of justice to the citizen as a results of Article 39A.-

How does one develop an approach to access to justice contemplated by Article 39A? Hitherto, as we will shortly note in our discussion of the organisation of Nyaya Panchayat (by whatever name called), the dominant consideration has been to ameliorate the burden on the court-system, not so much to prevent denial of justice to any citizen by reason of economic or other disabilities. The command of Article 39A now is to focus on these disabilities and to develop schemes for their removal. The managerial consideration of ameliorating the burdens on court system through creation of local fora for dispute settlement cannot predominate any longer.