Kerala Bar Council Urges High Court To Defer E-Filing Rules Implementation Till Lawyers Are Consulted

The representation from Council Chairman Advocate Joseph John recites that the Bar Council of Kerala, after meeting Lawyers' Organizations and the office bearers of all the 86 Bar Associations of Kerala, has found that the unanimous opinion of the entire Bar "is that the lawyers' community has been heartlessly side-lined by implementing the above rules behind their back."

"The patently arbitrary and hasty manner in which the e-filing rules was notified by the High Court on 12.5.2021 is blatantly whimsical, abrasive and prejudicial, affecting the interest of the entire lawyer community of more than 40,000 lawyers in Kerala", the representation states.

While emphasizing the Council's support for electronic filing in so far as it makes the filing procedure more simple and convenient, the Bar Council has expressed that the implementation of the Rules ought to have been after consultations with the Bar.

It is asserted that the Rules were implemented without adhering to the Central Pre-Legislative Consultation Policy (PLCP), particularly the mandated consultation/ publication process.

The Council has also expressed reservations about these aspects of the present e-filing process, terming them as 'lacunae' and 'loopholes' -

• Implementation of the above e-filing rules would be practically impossible for lawyers' practising in remote areas of the state, since the rules mandate high level technological requirements and equipment that unfamiliar and alien to many lawyers. Describing the switch to e-filing as 'drastic', the Council has expressed that appropriate breathing space ought to have been provided, after giving training to the lawyers and ensuring appropriate infrastructure.

• The Rules sub-delegate power of further delegation to make rules
• The Rules 'usurp' exclusive power of the Bar Council to disqualify lawyers for misconduct
• Many areas of the Rules have no clarity

"The defects and lacunas in the above rules are too many to be detailed now", the representation additionally says.

Seeking that the implementation of the Rules be deferred for 3 to 6 months, the Council calls for consultations with the major stakeholders - the Bar Council, Bar Associations and Advocates' Clerks' Association before setting the rules into motion.

The Kerala High Court Advocates' Association and prominent lawyers' organisations have also expressed their reservations to the manner in which the Rules have been implemented.

Over the weekend, the Association convened an extraordinary general body meeting to discuss the new e-filing rules. After the meeting on Saturday, the Association decided to protest the implementation of the e-filing rules. The General Body also resolved to abstain from all proceedings conducted by the High Court in connection with e-filing.

The Association again met on Sunday, deciding not to file any case under the E-filing system introduced under the Rules. It was also unanimously resolved that members would not associate in any manner with activities concerned with the implementation of the e-filing Rule notified.