Access to justice under Articles 14 and 21 supports Supreme Court power to transfer proceedings to protect fundamental rights.

Access to justice is a basic and inalienable facet of Article 21, and denial of access to courts or adjudicatory fora may also implicate Article 14's guarantees of equality and equal protection. The Court identified effective adjudication, reasonable accessibility, speedy disposal, and affordability as core components of that right. It further held that, although the Codes of Civil and Criminal Procedure do not extend to Jammu and Kashmir, the absence of an express transfer provision is not a bar. Where necessary to prevent denial of access to justice, the Supreme Court may invoke Articles 32 and 142 to direct transfer of civil or criminal proceedings to or from the State.

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Issues: (i) Whether access to justice is a facet of the fundamental rights guaranteed by Articles 14 and 21 of the Constitution of India. (ii) Whether the Supreme Court can, in exercise of powers under Articles 32 and 142 of the Constitution of India, direct transfer of civil or criminal cases to or from the State of Jammu and Kashmir notwithstanding the inapplicability of the Code of Civil Procedure, 1908 and the Code of Criminal Procedure, 1973.

Issue (i): Whether access to justice is a facet of the fundamental rights guaranteed by Articles 14 and 21 of the Constitution of India.

Analysis: The Court held that access to justice is a basic and inalienable human right and is intrinsic to the guarantee of life and liberty under Article 21. It further held that denial of access to courts or adjudicatory fora may also implicate equality before law and equal protection of laws under Article 14. The Court identified the essential components of access to justice as an effective adjudicatory mechanism, reasonable accessibility, speedy adjudication, and affordability.

Conclusion: Access to justice is a facet of the rights guaranteed by Articles 14 and 21 of the Constitution of India.

Issue (ii): Whether the Supreme Court can, in exercise of powers under Articles 32 and 142 of the Constitution of India, direct transfer of civil or criminal cases to or from the State of Jammu and Kashmir notwithstanding the inapplicability of the Code of Civil Procedure, 1908 and the Code of Criminal Procedure, 1973.

Analysis: The Court held that although Section 25 of the Code of Civil Procedure, 1908 and Section 406 of the Code of Criminal Procedure, 1973 do not extend to the State of Jammu and Kashmir, the absence of an enabling provision is not a prohibition. Since access to justice is part of Article 21, a threatened violation of that right can justify invocation of Article 32. The Court further held that Article 142 is not controlled by ordinary statutory limitations and can be used to do complete justice where transfer is necessary to prevent denial of access to justice.

Conclusion: The Supreme Court has power under Articles 32 and 142 of the Constitution of India to direct transfer of cases to or from the State of Jammu and Kashmir in appropriate situations.

Final Conclusion: The reference was answered in the affirmative, and the transfer petitions were directed to be placed before the regular Bench for decision on merits in the light of the constitutional power recognized by the Court.

Ratio Decidendi: Access to justice is a constitutionally protected facet of Article 21 and may also engage Article 14, and the Supreme Court may invoke Articles 32 and 142 to order transfer of proceedings where necessary to protect that right, even if the ordinary procedural codes do not provide for such transfer.

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