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Bar Councils Must Earn Respect Not Just Exercise Power: Justice BV Nagarathna
Justice BV Nagarathna has delivered a sharp critique of Bar Councils across India, asserting that a regulatory body that fails to command the respect and confidence of its own members signals a troubling state of affairs for the legal profession. Speaking at the 13th Convocation of , the judge called for deep introspection by both the and on their role in upholding professional ethics, morality, and competence. Her observations arrive against the backdrop of growing controversy surrounding the 's leadership and mounting demands for institutional accountability.
Justice Nagarathna did not mince words in addressing the disconnect between Bar Councils and the lawyers they are meant to represent.
"When a Bar Council does not earn the respect of its members, it is not a good sign for the legal profession,"
she stated, underscoring that
alone cannot sustain the legitimacy of a professional regulatory institution. The judge emphasised that credibility must flow from transparent functioning,
, and the confidence a council inspires among members of the Bar.
Her remarks carry particular weight in light of recent controversies involving Chairperson , whose comments against student protests and orders directed at drew widespread backlash from the legal community. Demands for Mishra's resignation have been growing, and petitions have been filed in the challenging his tenure and seeking scrutiny of the Bar Council's functioning. Justice Nagarathna's observations implicitly reinforce the view that institutional authority divorced from professional trust is unsustainable.
Independence of the Bar as a Constitutional Necessity
The judge proceeded to situate the independence of the Bar within the broader framework of . She cautioned lawyers against treating as an entitlement granted for their own benefit. Rather, she explained, a truly exists because a requires a body of professionals who can advise, argue, challenge, and represent without having to seek permission from the State, the market, or even their clients.
"Lawyers are
. So do not allow the pursuit of a successful career to make you forget what makes your profession worth preserving in the first place. Guard its independence. Earn its trust,"
Justice Nagarathna told the gathering. This framing positions the Bar not merely as a professional guild but as an essential institution for democratic resilience and the
.
She reminded the audience that members of the legal profession played an important role in the national movement and in the making of the
.
"The lawyers of this country are the torch bearers of the values of our
,"
she said, adding that any lapse or error by the Bar would have a deep impact on the political and civic life of the country. The message was unmistakable: the Bar's responsibilities extend far beyond individual client representation.
Challenges Plaguing the Justice System
Justice Nagarathna highlighted that the legal system in India is bogged down by , , rising costs, and uncertainty. She emphasised that the Bar must rise and speak in a singular voice on how it can sustain the system of justice dispensation. The observation reflects a growing concern within the judiciary about the collective responsibility of the legal profession in addressing systemic inefficiencies.
"The Bar in India must re-think about its usefulness to the litigant public, its role in safeguarding our democracy and in upholding the majesty of courts of law and its indispensability in upholding justice and
,"
she asserted. This call for collective introspection invites lawyers to move beyond narrow professional self-interest and engage with the larger purpose of the justice system.
The judge also urged lawyers to change their mindset and work for their clients as a public service. She described the legal profession as not merely an occupation or trade but an "," reinforcing the of the lawyer-client relationship and the broader obligations it entails.
Advice to the Next Generation of Lawyers
Addressing the graduating law students directly, Justice Nagarathna provided practical counsel for navigating an increasingly complex legal landscape. She warned that the market is likely to become more competitive and that technology will fundamentally alter the nature of legal work. Routine research and drafting will become faster, and information will become cheaper, diminishing the premium on merely knowing things. However, she noted that the premium on judgment will remain intact.
Young lawyers, she advised, must learn to look at the whole dispute and not merely the legal proposition involved. They must be able to assess whether a dispute should be litigated, whether the parties should negotiate before filing a suit, what can be conceded without compromising the client's interests, what the other side wants, and when to push and when to stop pushing. This holistic approach to dispute resolution, she suggested, is what distinguishes a skilled practitioner from a mere technician.
She specifically cautioned against over-reliance on artificial intelligence in legal practice.
"If arguing before a Court of Law, ensure that fake judgments obtained through AI are not cited. Don't fall prey to hallucination,"
she warned. The advice reflects a growing judicial awareness of the risks posed by generative AI tools that can produce plausible but entirely fabricated legal authority.
The Shift Toward
Justice Nagarathna also emphasised the growing importance of mechanisms. She noted a discernible shift from traditional litigation towards , even as she acknowledged that litigation remains authoritative and courts remain the cornerstone of the justice system. Litigation, she pointed out, faces procedural complexity, delay, costs, and its inherently adversarial character, making ADR mechanisms increasingly essential components of the justice system.
She urged young lawyers to understand not merely what ADR mechanisms are, but when they are useful. She referred specifically to the possibility of mediation in proceedings pending before tribunals under the , particularly in disputes involving a breakdown of trust or ego clashes such as . She also explained the , under which arbitration can be commenced to secure jurisdiction and procedural certainty, after which proceedings can be paused for mediation. If mediation succeeds, the settlement can be recorded in the arbitral process. If mediation fails, arbitration resumes and results in a binding decision.
The modern lawyer, she concluded, is increasingly valued not merely for knowing the law but for being able to solve problems. This reframing of the lawyer's role has significant implications for legal education and professional development.
Conclusion
Justice Nagarathna's convocation address serves as both a wake-up call and a roadmap for the legal profession. Her critique of Bar Councils strikes at the heart of institutional credibility and governance within the legal community. By linking the independence of the Bar to the health of , she elevates the stakes of professional conduct beyond individual practice. And by offering practical guidance to young lawyers on technology, judgment, and dispute resolution, she charts a path forward for a profession grappling with rapid change.
The underlying message was clear: a Bar Council can effectively discharge its regulatory mandate only when its authority is matched by professional integrity and institutional credibility. Earning the confidence of the Bar is not ancillary to its functioning but fundamental to the legitimacy of the institution itself. For the graduating students who left NLU Delhi as
"
and Stewards of the
,"
the judge's words were both a charge and a challenge.
