A Parliamentary Committee has proposed that the Bar Council of India (BCI) should require lawyers to participate in at least one pro bono case annually to qualify for relief funds from Bar Councils. This recommendation aims to encourage legal professionals to contribute to pro bono work while ensuring equitable access to relief funds from Bar Councils.
On Wednesday, Parliamentary Committee has recommended that the Bar Council of India (BCI) should mandate every lawyer to undertake at least one pro bono case annually. This recommendation is part of a broader strategy to enhance access to justice for all citizens, particularly those unable to afford legal representation.
Pro bono work provides legal services voluntarily, without expecting remuneration, to individuals or organizations who are unable to afford legal representation. This noble practice not only serves the cause of justice but also contributes to the lawyer’s professional development and social responsibility. Lawyers can explore various avenues to engage in pro bono work, including legal aid organizations, NGOs, or directly assisting individuals in need. By leveraging their expertise and skills, lawyers can make a meaningful difference in the lives of marginalized communities.
The Bar Council of India and State Bar Councils often provide relief funds to support lawyers facing financial difficulties or unforeseen circumstances. These funds can be utilized for various purposes, including medical emergencies, educational expenses, or financial assistance during crises.
Lawyers seeking assistance from Bar Council relief funds should familiarize themselves with the application process and eligibility criteria set forth by the respective Bar Council. This may involve submitting relevant documents, such as proof of financial need or medical certificates, along with the application form.
Collaboration with lawyers and legal professionals can enhance opportunities for pro bono work and facilitate access to relief funds. Building a strong network within the legal community can lead to valuable partnerships and mutual support in advocating for social justice causes and addressing common challenges.
“The pro bono work performed by a lawyer may factor into evaluating their merit when applying for judicial positions, law officer roles, including appointments as High Court or Supreme Court Judges, and consideration for designation as Senior Advocates,” the Committee emphasized. This recommendation emphasized the importance of pro bono service in assessing legal professionals’ qualifications for various esteemed positions within the judiciary and legal profession.
Read Also: Delhi High Court Judge: Courts Encountering “Complex & Difficult” Time Due To AI
Addressing concerns regarding remuneration, the Committee emphasized on compensation for panel lawyers offering legal aid services. Additionally, NALSA should establish a robust monitoring system to ensure the effectiveness and accountability of legal aid services provided to beneficiaries.
Background
The Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, in its 143rd Report titled “Review of the working of Legal Aid under the Legal Services Authorities Act, 1987,” has laid out several recommendations to improve the legal aid system. The proposal for participation in pro bono work should be a prerequisite for accessing relief funds from the All India/State Bar Council.
The Committee has also suggested that senior advocates across high courts and the Supreme Court form panels dedicated to pro bono work. Furthermore, it recommends that legal associations at district courts, high courts, and the Supreme Court involve advocates in pro bono activities on a rotational basis, with the associations monitoring these contributions.
The Committee also proposes the issuance of merit certificates based on their pro bono contributions. These certificates would not only recognize the lawyers’ efforts but also be considered during their applications for judicial posts, law officers’ positions, and even in the appointment process for High Court and Supreme Court judges, as well as in the designation of senior advocates.
It pointed out that the current position of compensation rates adversely affect the quality of legal aid and may lead to beneficiaries being harassed for fees. To address this, the Committee recommends that the National Legal Services Authority (NALSA) ensure lawyers are adequately compensated to sustain their motivation and commitment to providing high-quality legal aid.
The Committee praised the Legal Aid Defence Counsel Scheme (LADCS), which engages full-time experienced lawyers to provide legal aid, assistance, and representation exclusively to beneficiaries in criminal matters. This scheme represents a significant shift in how legal aid is provided in India, aiming to improve the quality of legal aid services.
These recommendations ensuring a significant change in the legal aid services in India are both accessible and of high quality, reflecting a commitment to upholding the right to justice for all citizens.
