On paper, India is a Republic where justice, liberty, equality, and fraternity are guaranteed to every citizen. In real life, justice often depends on what you can afford, not what you deserve.
More than 75 years after adopting the Constitution, India continues to struggle with a painful truth: the law does not reach everyone equally. While the Constitution promises equality before law, lived experience shows that justice often bends toward privilege.
When Rights Meet Reality
For a wealthy individual, the legal system is a shield.
For the poor, it often becomes a maze.
Access to lawyers, bail, documentation, and even basic legal awareness remains deeply unequal.
Courtrooms may be open to all, but not everyone can afford to enter them.
A person with means can hire senior counsel, secure immediate bail, and file appeals without fear of financial ruin.
For a daily wage worker, a single court visit may mean lost income, borrowed money, or giving up the case altogether.Justice becomes slower, harsher, and less forgiving the fewer resources you have.
Bail for the Rich, Jail for the Poor
India’s prisons are filled not with convicts but with undertrial prisoners.
Many of them are there not because they are guilty, but because they cannot afford bail.
The Supreme Court has repeatedly held that bail is the rule, jail the exception, yet in practice, bail often depends on:
- Financial capacity
- Legal representation
- Social influence
For the privileged, bail is procedural.
For the poor, it becomes punishment.
Legal Remedies Exist But Only for Those Who Can Use Them
India has progressive laws, consumer courts, labour protections, and constitutional remedies.
But most citizens do not know how to use them.
The system assumes:
- Legal literacy
- Access to lawyers
- Ability to bear procedural costs
For many, these assumptions are unrealistic.
The result is a silent injustice where people have rights, but no way to claim them.
Why This Undermines the Republic
A Republic is not defined by its institutions, but by how its weakest citizens experience them.
When justice becomes a privilege:
- Trust in law collapses
- Citizens fear the system instead of relying on it
- Democracy weakens at its foundation
A system that only works for the powerful ceases to be a system of justice.
What Must Change
If India truly wants to honor its Republic, reform must move beyond symbolism.
1. Speed Must Become a Right
Delayed justice denies justice. Fast-track mechanisms and judicial accountability are essential.
2. Legal Aid Must Be Strengthened
Free legal aid must be accessible, visible, and effective, not just theoretical.
3. Simplified Legal Access
Digital tools, legal awareness, and affordable services must reach the grassroots.
4. Bail Reforms
Bail must depend on law, not wealth.
A Republic Worth Protecting
India’s Constitution did not promise selective justice.
It promised justice for all.
This Republic Day, the real celebration lies not in parades, but in asking the hardest question:
Is justice truly equal or only affordable?
Until the answer changes, the Republic remains incomplete.
By Shreya Sharma- Founder and CEO Rest The Case
