The Bar Council of India (BCI) on Tuesday welcomed the Supreme Court’s landmark judgment in the case Ajay Vij v. Indian Banks Association & Ors.calling it the beginning of a “new institutional chapter” in the legal profession. The Council announced that it was initiating steps to create National Academy of Lawyers and conduct a comprehensive review of the disciplinary mechanisms in the Bar Councils in accordance with the directions of the Court.
The decision made July 7 board consisting of Judge P.S. Narasimha And Judge Alok Aradereaffirmed that the independence of the legal profession is as fundamental to the rule of law and democracy as the independence of the judiciary itself.
In a detailed press statement, the BCI said the decision recognized lawyers as “officers of the Court, integral participants in the administration of justice, defenders of constitutional freedoms and indispensable partners in maintaining confidence in the administration of justice.”
The Council particularly welcomed the Supreme Court’s statement that matters relating to the professional conduct, competence, negligence and misconduct of lawyers are subject to the exclusive disciplinary jurisdiction of the legislative bodies created under Advocates Act 1961..
Audit of the effectiveness of disciplinary mechanisms
The Supreme Court has directed the BCI to set up a committee to conduct a comprehensive review of the effectiveness of disciplinary proceedings conducted by the Bar Council of India and State Bar Councils.
In accepting responsibility, the BCI said it would objectively examine the establishment and handling of disciplinary complaints, their handling, timing, infrastructure, staffing, procedural practices, transparency and overall effectiveness of the disciplinary system.
The Council said it would convene a meeting next week to set up committees and expert groups to implement the Court’s directions.
National Academy of Lawyers proposed
Among the most significant directions of the Supreme Court was the proposal to create National Legal Academy of Advocatesmodeled after the National Judicial Academy.
The BCI called the proposal “one of the most innovative and landmark steps in the history of the legal profession.”
According to the Board, the proposed academy will serve as a national center for continuing legal education, advanced advocacy, ethics training, technological capacity building, mentoring and specialized legal education.
The Academy will also help bridge the gap between senior and junior lawyers, urban and rural practices, and traditional legal practice and new areas of law and technology.
Continuing legal education
BCI also welcomed the Court’s emphasis on institutionalization Continuing Legal Education (CLE) for lawyers.
He stated that the legal profession cannot remain static in a rapidly changing society and acknowledged the Court’s observation that post-matriculation education should go beyond periodic seminars and conferences.
Reform program
The Council stated that proposed discussions would include:
-Establishment of a committee to review disciplinary mechanisms under the Lawyers Act.
-Collection of national data on disciplinary complaints, their handling and disposition.
-Exploring measures for faster and more transparent disciplinary proceedings.
-Creation of an expert committee to prepare the structure of the proposed National Academy of Lawyers.
-Development of a national model of continuing legal education, mentoring and specialized training.
-Identification of technological and institutional reforms to modernize legal regulation and education.
The BCI also said it has already started searching for suitable land and infrastructure for setting up the proposed National Academy of Lawyers.
Call to Responsibility
Chairman of the BCI Senior Advocate Manan Kumar Mishra characterized this decision as something more than just a declaration of independence of the legal profession.
“The true strength of the independent bar lies not only in resisting external pressure, but in having the courage and institutional maturity to examine, reform and improve.”
Calling the verdict “a call for accountability, renewal and collective action”, the Council assured that it will implement the Supreme Court’s directions “not just formally, but in their true letter and spirit” and submit affidavits detailing progress to the Court within the prescribed time frame.