Following Supreme Court Verdict, BCI To Audit State Bar Councils' Disciplinary Mechanisms, Frame National Legal Academy Plan
The Bar Council of India has proposed to convene a meeting next week to constitute expert committees to implement Supreme Court's directions including undertaking of a performance audit of the efficacy and credibility of its disciplinary powers and implement appropriate corrective and remedial measures based on the findings.
For context, the Supreme Court in its judgment on Tuesday held that while a bank can remove an advocate from its panel if there was negligence, there cannot be a public declaration of such action; the disciplinary power over advocates for professional misconduct solely remained with the Bar Council.
The Supreme Court also directed the Bar Council of India to constitute a committee for undertaking a comprehensive performance audit of the disciplinary mechanisms administered by the Bar Council of India and the State Bar Councils. Among other directions, the court directed the Bar Council of India to establish a National Legal Academy for Advocates, in the lines of the National Judicial Academy, to institutionalise the discipline and culture of continuing legal education.
In response to the judgment, the Bar Council of India in its press note has said that it shall convene a meeting next week to consider and constitute the committees and expert groups required for implementing the judgment.
The deliberations will include:
i. Constitution of a broad-based committee to undertake a comprehensive performance audit of disciplinary mechanisms under the Advocates Act, 1961
ii. Collection and analysis of reliable data relating to disciplinary complaints, disposals, pendency, timelines, staffing, procedural practices and institutional support across State Bar Councils
iii. Examination of measures for ensuring expeditious, fair, transparent and effective disciplinary proceedings
iv. Constitution of a team of senior advocates, junior advocates, academicians and institutional experts to prepare the framework for the proposed National Legal Academy
v. Preparation of a structured national model for Continuing Legal Education, professional development, mentoring and specialised training of advocates
vi. Identification of technological, administrative and institutional reforms necessary for modernising the regulatory and educational framework of the legal profession
The BCI in its press note has said it shall place before the Supreme Court an affidavit setting out the developments, decisions, measures proposed and steps taken, within the time prescribed by the Court.