Law Commission
Chief Justice of India (CJI) JS Khehar, as probably the first sitting CJI having been reported to do so, as far as we are aware, said at a function on Saturday (8 July) that legal market liberalisation should take place.
Law Commission member and senior advocate Abhay Bhardwaj, who practices in Gujarat, has invited Gujarat’s district bar associations to submit suggestions by July 2, related to the proposed amendment to the Advocates Act 1961, reported DNA India.
As Bar Council of India (BCI) chairman Manan Kumar Mishra today said the national strike was a resounding success in a Facebook post (including the praising of Law Commission-report burnings), it is worth bearing in mind the cost of lawyer strikes on the judicial system.
Lawyer strikes are fuelled by lawyers who hardly have court work and also by bar councils who guard their vote bank and disregard the interests of justice, as even elite law schools have failed in their mission, said Law Commission (LC) chairman and former Supreme Court judge Justice BS Chauhan in an interview with Outlook magazine, demonstrating a pretty decent understanding of the legal profession and some of the problems that beset it.
The Bar Council of India (BCI) has vowed to lead a massive law and order breakdown if the law ministry does not reject the latest recommendations of the Law Commission (LC), it decided this weekend in a meeting, at which it also demanded the immediate removal of former Supreme Court justice BS Chauhan as the LC’s chairman.
The Bar Council of India (BCI) call for a nationwide strike on Friday was joined by at least 3 lakh lawyers in various cities, disrupted court work across India, added pending litigation in thousands and perhaps resulted in the resignation of a bar council chairman in protest, even as the Supreme Court Bar Association (SCBA) and other bar leaders did not support the call.
The Supreme Court Bar Association (SCBA) has passed a resolution slamming the Bar Council of India (BCI) and that it opposed the Law Commission’s reforms of the profession and that it’s members should wear white arm bands in solidarity with striking lawyers tomorrow.
The Bar Council of India (BCI) chairman Manan Kumar Mishra has published a lengthy and detailed call for a strike on the BCI’s website earlier today.
Bar Council of India (BCI) chairman Manan Kumar Mishra wrote to the Law Commission yesterday, withdrawing the BCI resolution that had recommended a ban on lawyer strikes and heavy fines for professional misconduct, after possibly up to 4,000 lawyers marched to the BCI office demanding Mishra’s resignation.
Bar Council of India (BCI) chairman Manan Kumar Mishra has posted an update on his official Facebook page threatening that “lawyers will come on roads” if the Law Commission were to recommend that a new regulator should handle disciplinary complaints against advocates.
Advocates Act amendment ‘next session’, says BCI chair, as gag order shrouds reform talks in secrecy
The Bar Council of India (BCI) talks to come up with a new proposal to reform its regulation of the legal profession, have been shrouded in secrecy due to a media gag order since October.
The Law Commission has extended the time to seek submissions to its questionnaire and consultation on possible reform of the Uniform Civil Code by 30 days to 21 December 2016:
The Bar Council of India (BCI) has invited the Society of Indian Law Firms (Silf) to help it fine-tune its proposal to the Law Commission, which was called upon by the Supreme Court to take a comprehensive look at the role of the bar councils’ “failure” and “inaction” in regulating the legal profession.
NYT's beautiful smackdown of Donald Trump defamation notice: Reputation already shot, so nothing left to lower (Ps: Bring it on): The New York Times has responded rather cleverly to the legal notice of US presidential hopeful Donald Trump, which was fired off by one of New York’s most feared litigators, Marc E Kasowitz.
The Times’ general counsel, David McCraw wrote: “The essence of a libel claim, of course, is the protection of one's reputation. Mr. Trump has bragged about his non-consensual sexual touching of women. He has bragged about intruding on beauty pageant contestants in their dressing rooms. He acquiesced to a radio host's request to discuss Mr. Trump's own daughter as a 'piece of ass.' Multiple women not mentioned in our article have publicly come forward to report on Mr. Trump's unwanted advances. Nothing in our article has had the slightest effect on the reputation that Mr. Trump, through his own words and actions, has already created for himself.”
McCraw also said the paper stood by the story and that it “welcome[d] the opportunity to have a court set [Trump] straight” - New York Times response to Trump / Trump’s legal notice / Original NYT article alleging Trump sexually harassed them
UP lawyers strike for 100 days per year: “As per the data obtained from the National Judicial Grid, Uttar Pradesh has over 53 lakh cases pending till date, which accounts for nearly a quarter of total pendency in all states taken together. Trial courts generally work for an average of 250 days a year after discounting weekly and religious holidays. With another 100 days disrupted due to strikes, the staggering number of pending cases comes as no surprise.” – Newslaundry
…and in some district courts, strikes go on for 140 days per year: “The five-year data is an eye-opener. In Muzaffarnagar, a total of 753 days was lost due to lawyers' strike, which means an average of 150 days a year. In Aligarh, it was 697 days (140 days a year), Agra 696 days (140 days every year), Faizabad 693 days, Sultanpur 603 days, Moradabad 596 days, Mathura 591 days, Ghaziabad 573 days, Balrampur 560 days and Chandauli 524 days. - Economic Times
Muslim law board unhappy with Law Commission looking into Uniform Civil Code: “The Law Commission is not functioning like an independent body, it is engaging in illegal activities and acting like the government’s agent. Therefore, we have decided to boycott the questionnaire sent by the Law Commission,” says the The All India Muslim Personal Law Board (AIMPLB) - The Quint / Law Commission questionnaire
BCI’s revived age limit restriction puts Kerala in a fix: “Meanwhile, the commissioner of entrance exams (CEE) that conducts the qualifying exam for admission to law colleges in the state is in a fix. ‘We have already conducted the entrance exam and the merit list is out. As per the prospectus, there is no age limit fixed. If we suddenly bring in an upper age limit, then it can be challenged in court,’ said a CEE official. - Times of India
Lower courts may lack ‘expertise’ to judge in colourful language, says SC Justice AK Sikri: “Make it (evocative language) a tool, but don’t be swallowed by it. Judges at the lower level should avoid it as they may not have the expertise. A judgement should be said in a perfect manner,” he said. - India Today
Denying sex to husband is mental cruelty and grounds for divorce, says HC again: “In view [of] the foregoing discussion, we are of the considered view that the husband has fully established that he was subjected to mental cruelty by the wife by denying sex to him for a long period despite living under the same roof, without any justification and though she was not suffering from any physical disability,” the Delhi high court bench of Justices Pradeep Nandrajog and Pratibha Rani, said. – PTI
Despite SC (and Marathi movie Court), still no compensation for manual scavengers: “Two-and-a-half years after the Supreme Court directed the State governments to provide compensation to the families of all manual scavengers who have died clearing sewers since 1993, the Tamil Nadu government has yet to compensate 119 such deaths.” – The Hindu
The Bar Council of India (BCI) has proposed to tighten its control over the legal profession by assuming more than a dozen new functions, statutorily recognising bar associations, formulating new governing rules for law firms and foreign lawyers, and enacting more stringent standards of professional qualification and conduct.
"The Supreme Court...has asked the Law Commission to go into all relevant aspects relating to regulation of legal profession in consultation with all concerned...the Commission has undertaken the study and requests the Bar Council of India and all State Bar Councils, Bar Association of the Supreme Court and Advocates on Records Association of Supreme Court, Advocates Associations’ in the High Courts and their respective benches to send their comments within 30 days,” the Law Commission has said in a statement.
"Legal education needs to be improved and the Bar Council of India needs to reform itself," Law Commission chairman and retired Supreme Court judge Balbir Singh Chauhan told the Economic Times in an exclusive interview.
A Supreme Court bench of justices Anil R Dave, Kurian Joseph and Adarsh Kumar Goel yesterday asked the Law Commission to consider whether the Bar Council of India (BCI) is a suitable regulator of the legal profession within six months.