Supreme Court Seeks State Bar Councils' Affidavits Over Non-Compliance Of Rule To Publish List Of Senior Lawyers Willing To Mentor Law Students

While hearing a public interest litigation (PIL), the Supreme Court today called on all State Bar Councils which have not complied with the rule requiring them to publish a list of seasoned lawyers willing to mentor law students during college vacations, to file affidavits explaining reasons for non-compliance.

A bench of Justices Sanjiv Khanna and Sanjay Kumar heard the matter and sought the Bar Councils' explanation with regard to non-compliance of Rule 26 of Schedule III to the Rules of Legal Education, 2008.

The order was dictated thus: "The State Bar Councils which have not complied with the Rule 26 of the of Schedule III to the Rules of Legal Education, 2008 will file an affidavit setting out the reasons for non-compliance. In case the affiliated Bar Associations have not made compliance they must take steps in accordance with the law. The State Bar Councils will file affidavits within twelve weeks from today".

The matter is next listed in January 2025.

For context, Rule 26 mandates state bar councils to prepare a district-wise roster of senior counsels having minimum 10 years' experience at the Bar and amenable to guiding interns. It further obligates the Bar Council of India to publish and circulate this list for the benefit of law students seeking internships. 

The PIL was filed in 2022, seeking publication of a list of senior lawyers willing to mentor law students during college vacations, in an attempt to foster a more inclusive and egalitarian environment for legal education and internships. The petitioner flagged concerns regarding the challenges faced by law students, particularly those lacking influential contacts, in securing meaningful internships.

The non-publication of the list of mentors, he argued, has "caused immense loss to the legal fraternity, especially the law students, who have to beg before lawyers to give them work so that they can learn". The plea also specifically points out that those students who do not have any such 'contacts' are often "left to fend for themselves".

In October, 2022, the Supreme Court issued notice on the PIL and sought responses from the Bar Council of India (BCI) and the state bar councils.

Last year, in March, the Court received assurances from the BCI that the preparation of the said list was underway and would soon be made public. It was also informed that the Bar Council of India had submitted a letter, instructing state bar councils' secretaries to compile their respective lists within 15 days. The court, taking this information into account, recorded the undertaking.

This year, in January, the Court issued directives to state bar councils, compelling them to submit status reports regarding compliance with Rule 26. Today, it was indicated that if the non-compliance continues, the only option left with the court would be to impose costs.

Case Title: Neeraj Salodkar v. Bar Council Of India and Ors., W.P.(C) No. 698/2022 

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