International Journal For Multidisciplinary Research

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Bridging the Justice Gap: Legal Expense Insurance and Its Prospects in India

Author(s) Dr. Sandeep Singh, Mr. Manu Sharma
Country India
Abstract Legal Expense Insurance (LEI) has the potential to revolutionise access to justice in India by covering legal costs for policyholders. While globally well-established, India has not yet embraced this model, leaving a significant access-to-justice gap unaddressed. This paper explores the concept, international models, and feasibility of LEI in India. It evaluates its compatibility with Indian constitutional mandates, analyses legal infrastructure, and proposes a phased, regulated implementation model with stakeholder involvement. The paper concludes that while challenges remain, LEI is legally feasible and ethically desirable if properly regulated and integrated into India’s legal aid framework. Access to justice in India remains hindered by procedural complexity, prohibitive legal costs, and the limitations of publicly funded legal aid mechanisms. Legal Expense Insurance (LEI), a contractual risk-transfer model successfully operational in jurisdictions such as Germany, the United Kingdom, and Canada, offers a promising supplementary pathway to bridge this justice gap. This paper explores the conceptual foundation, types, and international success of LEI through doctrinal and comparative analysis. It critically evaluates the feasibility of introducing LEI in India by examining its alignment with the constitutional mandate under Article 39A, the regulatory scope of the Insurance Regulatory and Development Authority of India (IRDAI), and the compatibility of LEI with existing access-to-justice frameworks. The study identifies key implementation challenges, including market skepticism, adverse selection, and rural accessibility, and proposes a phased, regulated integration of LEI into India’s legal ecosystem.It recommends a multi-stakeholder approach—engaging the state, private insurers, and civil society—to pilot and institutionalise LEI schemes, thereby fostering inclusive and sustainable legal empowerment across diverse socioeconomic strata. The paper concludes that while challenges persist, LEI is both constitutionally viable and ethically imperative for realising substantive justice in India.
Field Sociology > Administration / Law / Management
Published In Volume 7, Issue 6, November-December 2025
Published On 2025-11-25
DOI https://doi.org/10.36948/ijfmr.2025.v07i06.61697
Short DOI https://doi.org/hbcnt5
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