PM Expresses Concern over Pendency of Cases in Trial Courts

PM Expresses Concern over Pendency of Cases in Trial Courts

CJI calls for Ethics and Etiquette in Legal Profession

Law Minister urges Lawyers to Keep Pace with Globalisation

Bar Council of India Chairman M K Mishra Highlights Achievements

New Delhi, Feb 16: Expressing grave concern over the huge pendency of cases in trial courts, Prime Minister Dr Manmohan Singh today urged the legal fraternity to pool their expertise, knowledge and wisdom to devise ways and means to resolve the problem, even as the Chief Justice, Law Minister and others called for deep introspection within the profession.

Inaugurating the Golden Jubilee celebrations of the Bar Council of India (BCI) at the Vigyan Bhavan here, Dr Singh said,“an obvious area of concern is the large number of cases pending in courts especially in trial courts. I would urge the whole of the legal fraternity to pool their knowledge, wisdom and experience to find ways and means to tackle this problem.”

He said it was of critical importance that the Bench and the Bar worked together in ensuring the rule of law in the country and in furthering the Constitutional objectives. “Unless this happens, we cannot succeed substantially in providing speedy and affordable justice to millions of our country men, especially those who belong to the poor and weaker sections of our society. There are many challenges to be overcome and many bottlenecks to be removed before this objective of ours becomes a reality. “

Lauding the Bar Council for actively working to promote the highest standards in legal education, “comparable to the best in the world”, Dr Singh said, “Clearly, the work of the Bar Council of India and that of the State Bar Councils have an implication for the public at large.  This is because the effectiveness of the Bar Councils in performing their duties and functions is a factor in determining the strength and quality of our justice delivery system. 

If advocates maintain high standards of professional conduct at all times, it serves the interests of the litigating public.  Similarly a high standard of professional knowledge of legal luminaries serves to improve the quality of judicial decisions.”

Reminding the lawyers that apart from their duty towards clients, they perform a public duty as officers of the court in furtherance of the cause of justice, he said, “They should always keep in view the larger objective of advancement of public morality, truth and justice in their wider connotation. It is for this reason that the practice of law has a public utility flavor and an inbuilt element of public service.  This exalted status enjoins upon lawyers to scrupulously abide by the Code of Conduct prescribed by the Bar Council”.

Pointing out that the National Legal Services Authority has formulated a number of schemes to provide “access to justice” to the marginalized people including free legal aid to under-trial prisoners and for supporting the implementation of the Mahatma Gandhi National Rural Employment Guarantee Scheme, the Prime Minister urged the legal fraternity at various levels to become active participants and facilitators in the implementation of these schemes intended to empower the disadvantaged.

Asserting that he was fully aware of the responsibilities of the Government in working with the Judiciary and other stake holders to build a strong and effective justice delivery system, he said, “I reaffirm our Government's commitment to take all necessary action in this direction, and also to work for the welfare of the legal fraternity.”

Wishing the Bar Council of India and all its members a very bright professional future, he said, “You have served the country well over the last fifty years and I believe that the best is yet to come.”

In his Presidential address, Chief Justice of India, Mr Justice Altamas Kabir, emphasized on the importance of ethics and etiquette in the legal fraternity.

He pointed out that Chapter 2, Part 6 of the Bar Council Rules specifically focused  on the standard of professional conduct and etiquette and the Golden Jubilee of the BCI was the right occasion to ponder over “how we have been able to maintain ourselves”.

Citing from his personal experiences as a young lawyer, he said, “etiquette, manners and ethics can make a world of difference”.

Expressing concern that lawyers were not fully or adequately read, the Chief Justice said these weaknesses need to be rectified”.

He urged the BCI to work towards sensitizing lawyers, taking care of legal education including revising the curriculum, betterment of the profession for consumers of justice and to “try and make justice accessible to citizens, wherever he or she may be”.

In his thought provoking address, Union Minister for Law and Justice Dr Ashwani Kumar, exhorted the legal fraternity to set the highest standards and lend a helping hand to the disadvantaged and the deprived. And to engages in actions that “enhances our dignity and that of the profession”.

He said law imparting institutions should constantly upgrade the curriculum content. “Lawyers must keep pace with the process of globalization, he said listing IT, IPR, Regulatory mechanisms, international trade etc among the new horizons of law.

In his address, Attorney General G E Vahanvati, said that lawyers were the backbone of the judicial system. Maintaining that Section 16 of the Advocates Act did not distinguish between lawyers practicing in lower courts and higher courts, he said hard working lawyers from the lower courts can also be designated as Senior Advocates. “Why not acknowledge the outstanding lawyers who are equally good, if not better”, he asked to thunderous applause from the audience.

Calling for positive introspection, he said it was important to distinguish between acceptability and respectability.

In his welcome address, Chairman of the Bar Council of India, Mr Manan Kumar Mishra, highlighted the problems faced by lawyers including insurance cover, stipend for young students and legal aid.

Pointing out that BCI played a key role in bringing about the five year law course while the National Law School in Bangalore was its brainchild, he said the courses have become more popular than those of IITs and IIMs.

He informed the distinguished audience that the Bar Council was working towards creation of law academies in different states for the purpose of continuing legal education and entering into MoUs with different international; institutions.

Mr Mishra also presented a memento to the Prime Minister on the occasion.

Last evening, the Union Law Minister had unveiled a Golden Jubilee plaque at the BCI headquarters here.

Hon’ble Judges from the Supreme Court and various High Courts, Vice-Chancellors of several Universities, Union Ministers, Advocates General, Senior Advocates, Law officers of the Central and state Governments, Bar Council office bearers from different states and well known jurists and academics are attending the the two day Golden Jubilee celebrations of the BCI..

Delhi Chief Minister Sheila Dikshit would be the Chief Guest at the valedictory function on Sunday, February 17, 2013 while Union Minister of Road Transport and Highways Dr C P Joshi and Mr. Ramakant Goswami, Minister of Law, Justice and Legislative Affairs, Government of NCT Delhi, would be the distinguished and special guests respectively,

Eminent legal and political personalities including Leader of Opposition in Rajya Sabha Mr Arun Jaitley, Union Commerce Minister Mr Anand Sharma, Union Minister for Overseas Indian Affairs Mr Vayalar Ravi, Minister of State in the Prime Minister’s Office Mr V Narayanswamy, Dr Abhishek Manu Singhvi, MP, Former Union Law and Justice Minister Mr Ram Jethmalani and former Union Minister Mr Ravi Shankar Prasad are taking part in the working sessions on both days.

Judicial Delays and Access to Justice, Globalisation and its impact on Legal Profession, Role of Lawyers for Speedy Justice System, Revisiting the image of the Indian Bar as the ‘judge of the judges’, Professional Ethics, Issues and Challenges, Constitutionalism, Judicial Process and Access to Justice, Role of Media in Legal and Judicial Procedures, are among the major topics to be discussed by experts from India and abroad during the deliberations.

Issues concerning the bar such as Developing a Bar for Rural Legal Services, Continuing Legal Education Training, Knowledge and Skills Development, Advocates’ Welfare Measurements, Introduction of Pension Scheme, Junior Lawyers’ Stipend etc would also figure prominently in the discussions.

On the occasion of its Golden Jubilee, BCI would also deliberate on subjects such as Responsibility of Bar Council of India in Legal Research and Law Reform and A Progressive Role of Bar Council of India in setting complementary Educational programmes for strengthening the professional knowledge and skills of legal professionals.

S Prabhakaran                                                         Devdutt Chakravarty

Spokesperson                                                                Media Coordinator

Bar Council of India                                                  Mob.: 09015959739