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BCI welcomes SC verdict on lawyers' autonomy, to form panels for disciplinary reforms

Editorial3 min read
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BCI welcomes SC verdict on lawyers' autonomy, to form panels for disciplinary reforms

Supreme Court of India

Editorial

New Delhi, Jul 8 (PTI) The Bar Council of India (BCI) on Wednesday welcomed the Supreme Court verdict affirming the independence and self-regulatory character of the legal profession, saying it would constitute committees next week to implement the directions issued by the apex court. On July 7, a Supreme Court bench of Justices P S Narasimha and Alok Aradhe held that banks and the Indian Banks' Association (IBA) cannot put lawyers on the "caution list" merely on allegations of professional negligence. In a press release, BCI Chairman Manan Kumar Mishra said the "historic judgment" is not merely a declaration of the rights and independence of the legal profession, but a call to responsibility, renewal and collective action. "The Bar Council of India shall make every endeavour to ensure that the directions of the Hon'ble Supreme Court are implemented not merely formally, but in their true letter and spirit. The Council has initiated the process of identifying suitable land, buildings and allied infrastructure for the establishment and operationalisation of the proposed National Lawyers Academy," the release said. The BCI welcomed the court's declaration that issues relating to the professional conduct, competence, negligence and misconduct of advocates fall within the exclusive disciplinary jurisdiction of the statutory bodies constituted under the Advocates Act, 1961. The lawyers' body said it would undertake a comprehensive performance audit of the disciplinary mechanisms administered by it and state bar councils, in line with the apex court's directions. "The exercise is intended to objectively examine the institution, disposal, pendency, timelines, regional variations, procedural practices, infrastructure, staffing, transparency and effectiveness of disciplinary proceedings. The Council accepts this responsibility with complete seriousness and humility," the release said. The BCI also welcomed the apex court's emphasis on institutionalising continuing legal education and its suggestion for establishing a full-time National Legal Academy for lawyers. "The proposed National Legal Academy would be a major transformative national institution. It can become a centre for continuing professional development, mentoring, ethical training, technological capacity building, advanced advocacy, specialised legal education and transmission of the finest traditions and values of the Bar to future generations," it said. The BCI further said the Supreme Court had rightly underlined that reducing judicial pendency is a shared responsibility of the Bar and the Bench, requiring cooperation, professional preparedness and avoidance of unnecessary adjournments. The council said it would convene a meeting next week to constitute the committees and expert groups required for implementing the judgment and carrying forward the proposed reforms. PTI SKM SJK RC

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