Access To Civil Justice For The Poor:
Access To Civil Justice For The Poor: A Study Of The Law Relating To Suits By Indigent Persons (Pauper Suits) Under Order XXXIII Of The Code Of Civil Procedure, 1908, In The Light Of Constitutional Guarantees
Logeshwaran R, B.A., LL.B., The Central Law College, Salem
ABSTRACT
Justice that is priced beyond the reach of the poor is justice in name only. The Code of Civil Procedure, 1908 (“CPC”) addresses this problem through Order XXXIII, which allows a person who cannot afford the prescribed court fee to institute a suit as an indigent person – a proceeding traditionally, and still commonly, known as a pauper suit – and through Order XLIV, which extends a similar facility to appeals. This paper examines the concept of indigency under the CPC, the procedure for seeking permission to sue without payment of court fee, the grounds on which such permission may be refused or withdrawn, and the financial consequences that follow the final decision of the suit. It then places these provisions within the constitutional framework, in particular the Preamble and Articles 14, 21, 22(1), 32, 38, 39A and 226 of the Constitution of India, and analyses how the Supreme Court has read free legal aid and access to justice into the right to life and personal liberty. The paper also considers the Legal Services Authorities Act, 1987 as a complementary mechanism. It concludes that although Order XXXIII is a well-designed enabling provision, its practical effect is limited by delay, narrow scrutiny of means, lack of awareness and inadequate legal representation, and it offers suggestions for reform.
Keywords: indigent person; pauper suit; Order XXXIII; Code of Civil Procedure; court fee; access to justice; free legal aid; Article 39A; Article 21.
