Bar Council that doesn’t earn members’ respect not good sign for legal profession: Supreme Court judge

Supreme Court judge Justice B V Nagarathna warned on Saturday that a Bar Council lacking the esteem of its members signals a troubling trend for the legal profession. Addressing the 13th convocation at National Law University Delhi, she urged Bar Councils to scrutinize their roles in maintaining ethical standards. She emphasized that Bar Councils, both central and state, must reevaluate their importance in upholding professionalism, morality, and competence.

Nagarathna cautioned that when a Bar Council fails to gain members' respect, it undermines the legal profession. The issue arose after the Bar Council of India (BCI) Chairman Manan Kumar Mishra issued a directive last month prohibiting the enrollment of 2026 NALSAR batch students. The directive was withdrawn hours later following criticism, with Mishra stating the BCI had concluded the students posed no issue.

Mishra's co-Chairman, Y R Sadasiva Reddy, subsequently asked Mishra to resign. At National Law University, Nagarathna highlighted the backlog, delays, and escalating litigation costs in the Indian legal system. She urged the legal fraternity to reassess its role in serving litigants, protecting democracy, and upholding the rule of law.

Nagarathna stressed that lawyers must maintain independence, advising clients without external influence, as they serve as "safety valves of democracies." She stressed that a lawyer's independence is not a privilege but a necessity for a constitutional democracy that requires professionals to advise, argue, and represent without needing permission from the state, market, or clients.

Describing the profession as an "office of trust," she warned against viewing law merely as a commercial service. She encouraged lawyers to prioritize clients' needs over personal career success, emphasizing the profound impact of any lapses on political and civic life. Nagarathna also spoke about Alternative Dispute Resolution Mechanisms, noting that while arbitration, mediation, and conciliation are becoming integral to the justice system, legal practitioners must go beyond technical expertise to understand the underlying issues in a dispute.

Finally, she cautioned against the misuse of AI tools in legal proceedings, urging lawyers to verify the authenticity of any judgments obtained through artificial intelligence to maintain the integrity of the justice system.