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Report No. 114

5.5. Disabilities in the Indian legal system.-

The 'other disabilities' referred to in Article 39A, distinct from the economic disabilities, are assuredly difficulties posed by the existing profiles of the Indian Legal System. This system, as has already been pointed out, itself imposes disabilities on people in their quest for justice. The disabilities arise because of lack of sustable local fora for dispute handling and an emphasis on professionalised justice. The, renovation of the system, now contemplated by the Constitution, requires us to remove these disabilities. The professionalised model of justicing cannot be extended to Bharat, not merely because India has over 2,50,000 lawyers only but also because bulk of them are located in urban areas and given the voluntary nature of the profession, it is at this stage not possible through the law to plan their dispersal in a manner which would adequately and equitably serve the needs of the Indian masses.' Such a measure ought to be at least proposed and discussed. But, for the time being, we accept the realities as they are.

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