New Delhi: Bar council not earning members’ respect Not a good sign for legal profession was the key message delivered by Supreme Court Justice BV Nagarathna while addressing the 13th Convocation of National Law University (NLU) Delhi. She stressed that the independence of the Bar is essential for a constitutional democracy and urged Bar Councils across India to reflect on their role in maintaining professional ethics, morality, and competence.
Justice Nagarathna’s remarks come at a time when debates around the functioning of Bar Councils and the legal profession have gained national attention.
Justice Nagarathna’s Strong Message To Bar Councils
Justice Nagarathna said that Bar Councils must examine their usefulness to litigants, their role in safeguarding democracy, and their responsibility in upholding the rule of law. She observed that when a Bar Council fails to earn the respect of its own members, it reflects poorly on the legal profession as a whole.
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According to her, professional bodies should not only regulate lawyers but also inspire confidence, trust, and respect among members of the legal community.
Independence Of The Bar Is Vital For Democracy
Addressing graduating law students, Justice Nagarathna emphasized that the independence of the Bar is not a privilege given to lawyers.
Instead, it exists because a constitutional democracy requires professionals who can advise, challenge, argue, and represent people without seeking permission from the State, the market, or powerful interests. She described lawyers as important protectors of democratic values and constitutional principles.
Lawyers Must Protect The Rule Of Law
Justice Nagarathna reminded students that the legal profession is more than a business or occupation. She said lawyers are officers of the court and stewards of the Constitution. Their responsibility extends beyond clients and includes protecting institutions and the rule of law.
According to her, lawyers sometimes have a duty to advise clients against actions that may be legally unsound or contrary to justice.
Young Lawyers Advised To Develop Practical Skills
Justice Nagarathna encouraged young lawyers to learn negotiation, mediation, arbitration, and dispute-resolution skills. She said legal practice today requires more than memorizing statutes and legal provisions. Lawyers should understand how disputes are solved in the real world and learn how successful negotiations take place.
She highlighted the growing importance of Alternative Dispute Resolution (ADR), noting that mediation, arbitration, and conciliation are becoming key components of India’s justice system.
What is Arb-Med-Arb Model
Justice BV Nagarathna also discussed the Arb-Med-Arb model. Under this approach, arbitration begins first, followed by mediation efforts. If mediation succeeds, the settlement is recorded. If it fails, arbitration continues and leads to a binding decision. She advised lawyers to understand not only ADR mechanisms but also the right timing for using them in disputes.
Warning Against AI-Generated Fake Judgments
Justice Nagarathna cautioned lawyers against relying on fake judgments created through artificial intelligence. She warned that AI-generated content can sometimes produce inaccurate or fabricated legal citations, often referred to as “hallucinations.” She urged lawyers appearing before courts to carefully verify judgments and legal authorities before citing them.
Technology Will Change The Legal Profession: Justice BV Nagarathna
Justice Nagarathna acknowledged that technology will transform legal work. She said routine research and drafting may become faster and less expensive due to technological advances. However, she emphasized that human judgment, critical thinking, and problem-solving abilities will continue to remain highly valuable in the legal profession.
Justice BV Nagarathna Remarks Come Amid Recent Bar Council Controversy
Justice Nagarathna’s observations have drawn attention because they come amid recent controversy involving Bar Council of India Chairman Manan Kumar Mishra. The controversy followed criticism over actions relating to NALSAR University students, leading to calls for accountability and scrutiny of the Bar Council’s functioning.
While Justice Nagarathna did not directly comment on the controversy, her broader remarks focused on accountability, professional standards, and the role of Bar Councils in maintaining public trust.
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She warned lawyers against relying on AI-generated fake judgments and advised them to verify legal citations and authorities before presenting them in court.
Justice Nagarathna said that when a Bar Council does not earn the respect of its members, it is not a good sign for the legal profession and called for introspection by Bar Councils.
She encouraged young lawyers to learn negotiation, mediation, arbitration, and practical dispute-resolution skills while maintaining professional ethics and independent judgment.
