Hindustan Times: New Delhi: Friday, 19 Jan 2024.
A bench of justices Sanjiv Khanna and Dipankar Datta pointed out that the 2008 Rules envisaged the Bar Council of India - the apex body to regulate legal education and profession in the country
The Supreme Court has asked all the state bar councils to explain if they have prepared a list of senior advocates willing to train law students when the courts are on vacation, observing that the 2008 Rules of Legal Education ought to be complied with the bar councils across the country.
A bench of justices Sanjiv Khanna and Dipankar Datta pointed out that the 2008 Rules envisaged the Bar Council of India (BCI) - the apex body to regulate legal education and profession in the country, to publish the lists prepared by the state bar councils for the benefit of law students.
“There has to be a compliance with your own rules. When your own rules provide for it, you must publish these lists and put them on your website. What have you done?” the bench asked advocate Radhika Gautam, who appeared for the BCI.
Gautam responded that the BCI is committed to abiding by the regulation, adding it is for the state bar councils to ready the lists of senior advocates and share with them.
At this, the bench sought to know if the state bar councils are parties to the public interest litigation (PIL) raising this issue and proceeded to seek their replies.
“Let the state bar councils enter appearance and file respective status reports, stating whether they have implemented and are in compliance with Rule 26 of Schedule III to the Rules of Legal Education, 2008. The said status report will be filed within six weeks from today,” said the bench in its order on Tuesday.
Rule 26 obligates the state bar councils to prepare a district-wise list of suggested senior advocates, who have at least 10 years’ experience and are willing to take under internship students during the vacation period. “The Bar Council of India shall then publish the list of senior lawyers willing to guide students under internship on the website as well as make the list available with the Institutions,” the rule added.
During the hearing, the PIL petitioner, Neeraj Salodkar, requested the bench to bind the BCI and state bar councils with a deadline to comply with the pertinent rule. Citing the delay, Salodkar further pointed out to a statement made by the BCI’s counsel in March 2023 that a list of senior advocates was being readied and that the state bar councils have been asked to compile their lists of senior advocates within a fortnight.
Responding, the bench agreed to examine his submissions after the state bar council’s replies are in.
In a June 2022 order, the Central Information Commission (CIC) had pulled up the BCI for not providing a proper reply to an application filed by Salodkar under the Right to Information (RTI) Act seeking a list of senior advocates compiled under the 2008 Rules. While the BCI asked Salodkar to approach the respective state bar councils, the CIC said it “takes grave exception to the irony in the fact that BCI is admittedly not implementing Rule 26 of Schedule III of Part IV of the Rules of Legal Education framed by it, thus rendering the provision inconsequential.” If it is the case that there is no such list available to be published under Rule 26, the CIC said, the BCI must publish it on their website and update the status periodically.
Senior counsel P Wilson, who was once the coordinator of “Neethi Karangal” a scheme undertaken by the Tamil Nadu Senior Advocates Forum to provide free legal aid to deserving litigants in the Madras high court, commended the judicial exercise.
“This exercise is necessary to enable institutions to attach students or for students to get attached with willing senior advocates for internships in their respective districts. When internships are made compulsory, students and institutions must have information about senior advocates who are willing to train the law students. This will help the students and institutions as well as seniors who are interested in providing this public service,” said Wilson, adding seniors should also pay the interns during the internship period to help them manage their expenses.
A bench of justices Sanjiv Khanna and Dipankar Datta pointed out that the 2008 Rules envisaged the Bar Council of India - the apex body to regulate legal education and profession in the country
The Supreme Court has asked all the state bar councils to explain if they have prepared a list of senior advocates willing to train law students when the courts are on vacation, observing that the 2008 Rules of Legal Education ought to be complied with the bar councils across the country.
A bench of justices Sanjiv Khanna and Dipankar Datta pointed out that the 2008 Rules envisaged the Bar Council of India (BCI) - the apex body to regulate legal education and profession in the country, to publish the lists prepared by the state bar councils for the benefit of law students.
“There has to be a compliance with your own rules. When your own rules provide for it, you must publish these lists and put them on your website. What have you done?” the bench asked advocate Radhika Gautam, who appeared for the BCI.
Gautam responded that the BCI is committed to abiding by the regulation, adding it is for the state bar councils to ready the lists of senior advocates and share with them.
At this, the bench sought to know if the state bar councils are parties to the public interest litigation (PIL) raising this issue and proceeded to seek their replies.
“Let the state bar councils enter appearance and file respective status reports, stating whether they have implemented and are in compliance with Rule 26 of Schedule III to the Rules of Legal Education, 2008. The said status report will be filed within six weeks from today,” said the bench in its order on Tuesday.
Rule 26 obligates the state bar councils to prepare a district-wise list of suggested senior advocates, who have at least 10 years’ experience and are willing to take under internship students during the vacation period. “The Bar Council of India shall then publish the list of senior lawyers willing to guide students under internship on the website as well as make the list available with the Institutions,” the rule added.
During the hearing, the PIL petitioner, Neeraj Salodkar, requested the bench to bind the BCI and state bar councils with a deadline to comply with the pertinent rule. Citing the delay, Salodkar further pointed out to a statement made by the BCI’s counsel in March 2023 that a list of senior advocates was being readied and that the state bar councils have been asked to compile their lists of senior advocates within a fortnight.
Responding, the bench agreed to examine his submissions after the state bar council’s replies are in.
In a June 2022 order, the Central Information Commission (CIC) had pulled up the BCI for not providing a proper reply to an application filed by Salodkar under the Right to Information (RTI) Act seeking a list of senior advocates compiled under the 2008 Rules. While the BCI asked Salodkar to approach the respective state bar councils, the CIC said it “takes grave exception to the irony in the fact that BCI is admittedly not implementing Rule 26 of Schedule III of Part IV of the Rules of Legal Education framed by it, thus rendering the provision inconsequential.” If it is the case that there is no such list available to be published under Rule 26, the CIC said, the BCI must publish it on their website and update the status periodically.
Senior counsel P Wilson, who was once the coordinator of “Neethi Karangal” a scheme undertaken by the Tamil Nadu Senior Advocates Forum to provide free legal aid to deserving litigants in the Madras high court, commended the judicial exercise.
“This exercise is necessary to enable institutions to attach students or for students to get attached with willing senior advocates for internships in their respective districts. When internships are made compulsory, students and institutions must have information about senior advocates who are willing to train the law students. This will help the students and institutions as well as seniors who are interested in providing this public service,” said Wilson, adding seniors should also pay the interns during the internship period to help them manage their expenses.
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