The Supreme Court of India ruled that young advocates should help underprivileged litigants, ensuring equitable access to justice. The court encouraged pro bono services, recognizing the challenges faced by self-represented individuals and promoting alternative dispute resolution methods.
New Delhi: In a judgment reaffirming the noble responsibilities of the legal profession, the Supreme Court of India emphasized that young advocates must step forward to assist underprivileged litigants and ensure equitable access to justice.
The ruling came in the case of Shankar Lal Sharma v. Rajesh Koolwal & Ors. (SLP (C) No.17157/2022), a long-standing legal dispute involving a 73-year-old petitioner with low vision and multiple ailments, who had been struggling to represent himself in court proceedings.
Recognizing the challenges faced by the petitioner in navigating complex legal procedures, the Supreme Court, on November 18, 2022, appointed Advocate Sanchar Anand as Amicus Curiae to assist him. The Court later encouraged an amicable settlement between the parties.
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After multiple hearings and negotiations, the Court facilitated a Rs 20 lakh settlement as a full and final resolution of all claims. Additionally, Advocate Sanchar Anand was awarded Rs 1 lakh as an honorarium for his dedicated two-year service without remuneration.
Key Legal Issues Addressed
The judgment addressed several crucial issues:
- Role of Legal Assistance in Ensuring Justice – The Court highlighted the difficulties faced by self-represented litigants and the importance of professional legal aid in ensuring fair proceedings.
- Encouraging Young Advocates to Provide Free Legal Aid – The Court reiterated that the legal profession is service-oriented and urged young lawyers to volunteer their expertise for those who cannot afford legal representation.
- Promotion of Alternative Dispute Resolution (ADR) – Mediation and conciliation were encouraged as effective means to resolve disputes, particularly in labor and matrimonial matters, reducing unnecessary litigation.
The Supreme Court bench, comprising Justice B.V. Nagarathna and Justice Satish Chandra Sharma, made the following notable remarks:
- “Legal profession is not merely a business but a service to society.” The Court cited State of UP vs. UP State Law Officers Association (AIR 1994 SC 1654), reminding lawyers of their ethical duty to aid the marginalized.
- “Young advocates must volunteer to assist indigent litigants.” The Court emphasized that justice should not be denied due to financial constraints.
- “Access to justice should not be bound by financial constraints.” The Court lamented the rising costs of litigation, advocating for accessible legal aid for all.
- “Advocacy is about being a bridge of communication, not just a warrior for a client.” The Court stressed that lawyers should facilitate amicable resolutions, rather than prolong legal battles unnecessarily.
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This landmark decision reinforces the responsibility of the legal fraternity in making justice accessible to all, particularly the underprivileged. It sets a precedent for pro bono legal services and highlights the Supreme Court’s commitment to upholding justice beyond financial limitations.
Case Title – Shankar Lal Sharma v. Rajesh Koolwal & Ors. (SLP (C) No.17157/2022)
Read the Judgement here:
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