'High Fees, Without Substantial Relief' : Supreme Court Says Exorbitant Litigation Cost Must Not Hinder Access To Justice

In a recent order, the Supreme Court raised concerns about the rising cost of litigation, which prevented persons without adequate financial means from accessing justice.

Saying that the legal profession, once regarded as a service-oriented profession, has now fallen prey to "rapid commercialization and competition", the Court voiced its concerns that justice is becoming unaffordable for persons from lower economic strata.

A bench comprising Justice BV Nagarathna and Justice Satish Chandra Sharma commented about the "trend" whereby litigants have to shell out humungous amounts in the name of professional fee, even their matters do not progress much in the Court. To justify the professional fee, the lawyers hand over the "Record of Proceedings" to the party, even though there is no substantial relief, the Court commented.

"..the litigants located in far corners of this country have to shell out humungous sums of money in the name of professional fees for engagement of top echelons of the legal profession, particularly when the matters do not progress on a particular day. In lieu of their expectations for the constitutionally guaranteed right to justice at the hands of this Court, they are often handed over a document that reads on top as 'Record of Proceedings' and which acts as a means of justifying the professional fees, without there being any substantial relief for the party concerned."

The Court said that such trends send out a message that "hearing in this Court is available only to those who have the wherewithal and can withstand the financial pressure arising from their litigation apart from the uncertainty of the result and that the doors of justice may be inaccessible for others who can ill-afford to pay such high fees to lawyers."

There was a need to break the "misconception" that the Supreme Court was accessible only for the rich, the Court said. "Persons from all classes, etc. who wish to approach this court with their grievance must be provided with necessary assistance by the responsible members of the bar, without increasing the cost of litigation for the party or unnecessarily delaying the process," the Court urged the members of the bar.

"The duty to provide ease of access to justice rests upon every member of the legal profession and the requisite message needs to be disseminated from the portals and corridors of this Court in the first instance in both letter and spirit," the Court added.

The Court made these comments while lauding a young lawyer, Mr.Sanchar Anand, for acting as an amicus curiae to represent a senior citizen, who was appearing as party-in-person. The Court lauded the lawyer for his legal service, which was rendered "dedicatedly" even though there was no fees forthcoming, as the litigant was a person of limited means. The Court said that the example set by the lawyer was a "welcome change" from the general trend witnessed in the Courts.

The Court urged the young lawyers to volunteer to provide legal services to the poor and the needy.

Case : SHANKAR LAL SHARMA vs RAJESH KOOLWAL & ORS | SPECIAL LEAVE PETITION (C) No.17157 OF 2022