In order to address the other issues that plague the bar, the Supreme Court ruled on Tuesday [In Re Strengthening of the Institution of Bar Associations] that bar councils and bar associations should be depoliticized.
The example of the Calcutta High Court was cited by a Bench of Justices Surya Kant and Dipankar Datta in this regard.
“When providing recommendations, seniors should emphasize the importance of removing politics from bar associations.” It is infiltrating all areas. See what is transpiring in Calcutta. The booths are configured to resemble a polling station. Justice Datta stated, “Other issues cannot be resolved unless we address this.”
The Court was hearing a suo motu case that it had initiated in order to establish guidelines that would bolster bar bodies throughout the nation.
The Bar Council of India (BCI), various State Bar Councils, Supreme Court Bar Association, Supreme Court Advocates-on-Record Association, and various bar associations across High Courts were all impleaded as parties to the case by the Court today.
The Bench requested that the bar bodies provide their perspectives on the matter and reserved the case for a hearing on August 14.
The Madras Bar Association was accused of discrimination by a barrister, which led to the suo motu.
The petitioner’s attorney had previously contended that the primary objective of petitioning the Supreme Court was to establish consistent guidelines for the enhancement of Bar Associations throughout India.
Subsequently, the supreme court issued a restricted notice and filed the case as a suo motu proceeding.
Justice Kant underscored that the issue is not adversarial during the hearing that took place today.
Nevertheless, he emphasized a variety of malpractices committed by bar bodies, such as the allocation of chambers to attorneys.
Malpractices are the result of an excessive number of demands made by attorneys. Chambers are being sold on the free market. I was adamantly opposed to a PIL for free land for chambers during my tenure as Advocate General. However, the government itself provided the land after my appointment to the Bench. “There is a scarcity of chambers in the Supreme Court,” he stated.
Justice Kant also stated that the individuals responsible for the bar bodies wind up setting easy examination papers because bar council positions are elected.
“Observe the examinations they are administering.” The exam level is matriculation due to their prominence and their desire for votes. He stated, “Remedial measures are required; something must be done.”
Justice Kant further stated that in jurisdictions where judicial officers are appointed without a minimum number of years of advocacy experience, their behavior in court is indicative of this.
Arvind Datar and Shekhar Naphade, senior counsel, appear on behalf of numerous litigants.
