Supreme Court Directs State Bar Councils to Confirm Implementation of Rule Requiring Publication of Senior Lawyers Willing to Mentor Law Students

LI Network

Published on: January 20, 2024 at 14:50 IST

In a significant development, the Supreme Court has issued directives to state bar councils, compelling them to submit status reports regarding compliance with Rule 26 of Schedule III to the Rules of Legal Education, 2008.

This order follows a public interest litigation (PIL) advocating the publication of a list of experienced lawyers willing to mentor law students during college vacations.

These senior lawyers, with a minimum of 10 years of experience at the Bar, should be open to guiding interns. Rule 26 mandates state bar councils to create a district-wise roster of such senior counsel, with the Bar Council of India responsible for publishing and circulating this list for the benefit of law students seeking internships.

The writ petition, filed under Article 32 of the Constitution, is currently under consideration by a bench of Justices Sanjiv Khanna and Dipankar Datta.

The apex Court had issued notices in October 2022, seeking responses from the Bar Council of India (BCI) and the state bar councils in response to the PIL, which highlighted concerns about the absence of a compiled list of senior advocates.

The petitioner, aiming to foster a more inclusive and egalitarian environment for legal education and internships, expressed concerns about the challenges faced by law students, particularly those lacking influential contacts, in securing meaningful internships. The non-publication of the list of mentors, the petitioner argued, has caused significant harm to the legal fraternity, especially law students who often have to seek opportunities on their own.

In March of the previous year, the BCI assured the Supreme Court that the preparation of the list was underway and would soon be made public.

The Court recorded this undertaking and informed that the Bar Council of India had instructed state bar councils’ secretaries to compile their respective lists within 15 days.

In the latest order, the Supreme Court has instructed state bar councils to file status reports confirming their adherence to Rule 26, setting a six-week deadline for the submission of these reports. The order states:

“Let the state bar councils enter appearance and file respective status report(s) stating whether they have implemented and are in compliance with Rule 26 of Schedule III to the Rules of Legal Education, 2008. The said status report will be filed within six weeks from today.”

The matter is scheduled for further hearing in May this year and is identified as Neeraj Salodkar v. Bar Council of India & Ors., Writ Petition (Civil) No. 698 of 2022.

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