In a resounding call for a return to the core values of the legal profession, the Supreme Court has emphatically stated that young advocates must volunteer their services to assist litigants who lack the financial means to secure quality legal representation. In a recent judgment that has sent ripples across the legal community, the Court highlighted the exemplary conduct of a young lawyer who rendered legal aid to a party-in-person, underscoring that selfless service in the courtroom is not only commendable but essential for ensuring access to justice for all.
The case, which involved a petition filed by an individual representing themselves against a corporate defendant, revealed the stark challenges faced by litigants who cannot afford professional legal assistance. The litigant, hindered by the inability to communicate effectively in English, was struggling to navigate the complex legal process. Recognizing this barrier, the Court appointed Advocate Sanchar Anand as an amicus curiae to provide the necessary legal support. Over the span of more than two years and fourteen hearings, Mr. Anand dedicated his time and expertise to help the litigant reach a settlement. Despite receiving no fees for his services, his work was lauded by the Court as a “rare joy” amid an era where legal practice is increasingly dominated by commercial interests and fierce competition.
The Bench, comprising Justice BV Nagarathna and Justice Satish Chandra Sharma, used this opportunity to issue a powerful directive to the legal community, especially targeting young lawyers. They emphasized that the essence of legal practice is not solely measured by the fees earned but by the commitment to public service. Advocates are reminded that one of their paramount responsibilities is to ensure that justice is accessible to every citizen, regardless of their economic status. The Court’s remarks were particularly pointed regarding the misconception that the Supreme Court and, by extension, the legal system, are accessible only to the wealthy.
The judgment addressed a pervasive issue in the legal landscape: the high cost of litigation and the consequent barrier it poses for litigants from marginalized and economically disadvantaged backgrounds. Many litigants, especially those residing in remote or underprivileged areas, often face exorbitant legal fees just to have their day in court. This financial burden not only limits their access to justice but also perpetuates the notion that the legal system is skewed in favor of those who can afford it. The Court firmly rejected this notion, insisting that it is the duty of every member of the legal profession to work towards breaking down these barriers.
Justice Oka, in his candid remarks, expressed his deep dismay at the current trend where the legal profession appears more focused on profit than on the fundamental pursuit of justice. He lamented that, after over two decades of service in constitutional courts, he had never before encountered allegations questioning the veracity of a lawyer’s statement recorded by the Court. His pointed comment—”Why should we try to tolerate such allegations?”—resonated with the broader message that integrity and accountability must remain at the heart of legal practice.
The Court’s decision went beyond mere criticism. It also provided a clear directive: young advocates, fresh out of law school and eager to make their mark, must seize every opportunity to volunteer their services for those who cannot afford them. This volunteerism is not just about offering free legal aid—it is about reaffirming the role of the legal profession as a guardian of justice and equality. By taking on pro bono cases, young lawyers can help dismantle the myth that the corridors of the Supreme Court are accessible only to the rich and powerful. Instead, they can ensure that the rights enshrined in the Constitution are not merely theoretical but are actively upheld in practice.
Furthermore, the judgment touched on the significant benefits that volunteer legal work can bring not only to society but also to the advocates themselves. Quoting Professor Karen Thalacker’s seminal work, “The New Lawyer’s Handbook: 101 Things They Don’t Teach You in Law School,” the Court noted that serving others often fills a void that material gain cannot. This sentiment underscores the idea that meaningful legal service enriches the individual and enhances the overall reputation of the legal profession.
In a practical demonstration of the Court’s commitment to rewarding public service, the judgment also included a token of appreciation for Advocate Sanchar Anand’s outstanding contributions. The Court directed that the respondents pay him Rs. 1,00,000 as recognition for his selfless assistance. This gesture not only honors Mr. Anand’s dedication but also serves as an inspirational example for other young lawyers to follow.
The judgment further stressed that ensuring access to justice is a collective responsibility. It is incumbent upon every member of the bar to take active steps in making legal processes more accessible, affordable, and responsive to the needs of the underprivileged. This includes not only taking up pro bono cases but also actively participating in alternative dispute resolution mechanisms like mediation and conciliation, which can expedite the resolution of disputes and reduce the financial burden on litigants.
In conclusion, the Supreme Court’s recent judgment is a clarion call to the legal community. It is a reminder that the true measure of an advocate’s success lies not in the fees they collect, but in the impact they have on society. By volunteering their expertise to assist poor litigants, young advocates can help transform the legal system from a profit-driven enterprise into a true bastion of justice and equality. This judgment stands as a testament to the enduring values of the legal profession—values that must be preserved and promoted even in the face of modern commercial pressures.
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