Parliamentary Committee Recommends BCI To Mandate Lawyers' Appearance In One Probono Work Annually To Access Relief Funds From Bar Councils
The Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice proposed that the Bar Council of India mandate every lawyer to participate in at least one pro bono case annually to qualify for relief funds from the All India/State Bar Council.The above recommendation was presented today in the 143rd Report of the Committee on the Subject - "Review of...
The Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice proposed that the Bar Council of India mandate every lawyer to participate in at least one pro bono case annually to qualify for relief funds from the All India/State Bar Council.
The above recommendation was presented today in the 143rd Report of the Committee on the Subject - "Review of the working of Legal Aid under the Legal Services Authorities Act, 1987".
The Committee recommended, “Bar Council of India should make mandatory appearance of every lawyer in at least in one probono work in a year to enable him to secure any relief fund from All India/State Bar Council.”
The Committee also recommended that designated Senior Advocates in all High Courts/Supreme Court may come together to form a panel for doing pro-bono works and undertake such works.
In each District Judiciary, High Courts and in Supreme Courts, the Advocates / Bar Association can involve advocates in pro-bono works by rotation and Association can monitor the same, Committee further recommended.
This was after the Committee found that most Indian citizens qualify for legal aid.
The Committee suggested that District Judiciary/High Courts/Supreme Court can encourage these advocates by giving them merit certificates based upon their contributions to the pro-bono works done by them and such merit certificates could be utilized while assessing their individual merits.
“The probono work done by a lawyer may be taken into consideration for assessing his/her merit when they apply for any judicial posts, law officers post including appointment of High Court Judges and Supreme Court Judges, consideration of designation of Senior Advocates,” Committee added.
In addressing concerns about remuneration, the Committee highlighted the stagnant compensation for panel lawyers providing legal aid services.
This situation, it noted, adversely affects the quality of legal aid and may lead to instances of beneficiaries being harassed or pressured for fees.
To rectify this, the Committee recommended, “NALSA to compensate lawyers adequately, so that they are able to sustain themselves and remain motivated in their job. While ensuring this, a robust system of monitoring the efficacy and accountability of legal aid services provided to the beneficiaries may also be put in place by NALSA.”