Top Priority Case: The Behavior of Advocates to the Delivery of Justice

Copyright © HT Digital Streams Limit all rights reserved. The 2025 amendment Bill proposed to prohibit strikes, but it was withdrawn from resistance to advocates. (PTI) Summary India needs reforms to limit the dilution tactics of advocates to delay judicial processes. We can learn from what other jurisdictions have done to ensure that justice serves quickly and efficiently. The Legal Profession of India faces a crisis of behavior as advocate is paralyzing nationwide over trivial matters. This professional misconduct costs the country £ 7,500 annually in lost productivity. We are investigating four critical issues that offer an unflattering portrait of advocate behavior. First, advocates often do strikes about small grievances. Secondly, advocates seem to be abusing adjoining systematically while utilizing ‘extraordinary case’ clauses to earn delays. Third, a cozy right advocate Nexus, withstands a meaningful reform. Fourth, while the 2025 advocates amended Bill to prohibit strikes, it was withdrawn from resistance to advocates, so that we returned to square. Also read: The subordinate judiciary is an economic pillar that India must correct in the light of good practices elsewhere, such as South Africa’s strict adjudication caps and the solid scheduling of Singapore, we suggest proposed reforms, such as a limit of three adjournions, professional liability measures and timely maintenance mechanisms to keep the judicial discipline. Strikes on stupid grievances: Recent events uncover how many advocates have abandoned professional ethics to serve their egos. The Uttar Pradesh (UP) boycott in February left thousands of stranded. Similarly, Jaipur advocates broke their business at the Supreme Court in April 2023 by striking again on administrative issues. These incidents reflect a worrying pattern. In August 2023, advocates in Karnataka boycotted courts for three days. The reason was shocking. A sessions judge refused a fourth consecutive adjournment. The judge’s insistence to continue with arguments is considered enough for a collective boycott. Even more ominous are strikes caused by firs submitted against advocates. In October 2022, after claiming that an advocate threatened a magistrate, the entire bar association called a boycott. Also read: India’s judicial rebirth: Let us correct how we choose and remove judges. These frivolous strikes directly violate the Supreme Court of the Harish Uppal case of 2003. Instead, strikes have become routine reactions to everything from denied adjournions to parking disputes. The Disatusion Track: The relationship between strikes and endless adjournions reveals how advocates transformed delaying tactics into profit strategies. Consumer commissions regularly attest to advocates who postpone. This professional misconduct void the mandate of the Consumer Protection Act within 90-150 days. More than two-thirds of all consumer affairs exceeded the limit, with advocates seeing that they manipulated extraordinary circumstances. An apparent right advocate Nexus promotes delays, with advocates resisting adjournment caps. If reforms are implemented, it will reduce the discretion of judges, which many attorneys strive for. A stir with the Delhi High Court on judicial transfers in February 2023 exposed this uncomfortable reality. Also read: Call of Justice: India must reform its process for the removal of judges Restoring Professional Purpose: A ruling of the Supreme Court of March 1, 2024 complicates the liability debate. The court ruled that advocates did not comply with the definition of ‘service providers’ in terms of the Protection of Consumers Act. It immunizes consumer lawsuit advocates for poor service, which indicates a significant departure from earlier interpretations of the Supreme Court. In addition, it can open the door for exemptions for other service professions such as healthcare. Learn from models that work: South Africa’s Constitutional Court works under strict adjournment with penalties, which ensure liability. Cases cannot delay three except for sincere emergencies. In addition, advocates face professional sanctions for frivolous delaying tactics. This model restored the public’s confidence without compromising the proper process. Singapore’s state courts work on fixed schedules, with no room for routine varieties. Matters receive specific time slots and advocates must be prepared; This system achieves 90% compliance. An important challenge lies in distinguishing between frivolous strikes and legal protests against systemic issues. Thailand’s model offers lessons: Internal mediation mechanisms balance discipline with professional freedom. Also read: Tribunal Reforms hold the key to effective dispute resolution in India. We need a blueprint for balanced reforms: The way forward requires immediate implementation of proven international practices adapted to Indian conditions. Consumer commissions must abandon their ‘as far as possible’ approach and implement a fixed limit of three adjournions. This alone can reduce the hang of the consumer case by 15%. We need to set up a district level correction committees to investigate the grievances of advocates. These panels must have rights enforcement – in line with the recommendations made in the wake of the Harish Uppal water. Attorneys participating in strikes on trivial issues should have consequences ranging from warnings to temporary practice. Timeline -Handhaving mechanisms should include automatic case transfers to higher benches if delays arise from advocate tactics. Generally, the legal profession must rediscover its basic purpose to serve justice. India’s economic endeavor depends on effective dispute resolution. It cannot remain hostage to plead whims. Reforms must be done before the public belief in judicial institutions weaken any further. The author is the Secretary General of Cuts International. Catch all the business news, market news, news reports and latest news updates on Live Mint. Download the Mint News app to get daily market updates. More Topics #india #indian Economy Read Next Story