Why access to justice is a complete failure in india?

today i am going to tell you why access to justice is a failure in india. my proposition is that if lawyers are not financially supported by government, who will give access to justice to people of india ?

the present situation of legal market in india is outlined below :slight_smile:

  1. heavily expensive for lawyers
  2. non paying clients
  3. no support from government
  4. highly conservative BAR COUNCIL. i will tell you later what this mean.
  5. nepotism 6.non paying panel
  6. tough competition from fake lawyers
  7. politics

the above scenarios make the picture of legal market very grim. lets discuss how these conditions affect lawyers role in india in detail :

1. independent practice, empanelled lawyer, notary, senior advocate

lawyer in these roles face the following expenditure : Annual expenditure all figures are in INR

A.legal database charges

legal news app subscription 1000

supreme court online law journal 24000

legal search engine subscription 6000

supreme court bound volume law 4000

B. online legal advice website

membership of this kind of website 6750

C. chamber rent 6000*12 72000

D. bar association annual fees 1000 ------------------- 114750 -------------------- Fixed expenditure one time all figures are in INR

E. education MA degree or LLM degree 70,000 to 4,00,000 Post graduate diploma in law 30,000 to 40,000 phd 1,00,000 to 3,00,000

F. price of a chamber 11,00,000 to 20 00,000

G. new bar admission fees : 20,000

H. publication expenses in open access journal 2000 per article

I court expenses in litigation minimum 50000

what the clients pay ? individual pays nothing to lawyer. almost nothing. when the time of fees comes they become poor man having nothing to pay. but they have money to drink wine and go for hookers.

what the panels pay ? very meagre sum. they will pay only INR 500 for a legal notice and 7000 per hearing if you win the case or 1000 per hearing if you lose it. possibility of losing is greater.

most of the legal services panel established by government of india to empower people and give them access to justice are not paying regularly to lawyers. see these news https://www.indialegallive.com/top-news-of-the-day/top-story/pay-panel-lawyers-fees-in-4-weeks-or-will-stay-finance-secys-salary-delhi-hc-warns-govt/

https://economictimes.indiatimes.com/news/politics-and-nation/hc-warns-of-holding-senior-officials-salaries-for-not-clearing-empanelled-lawyers-6-month-old-bills/articleshow/80169974.cms

such is the story of panel.

and government did not provide any financials to lawyers in general. bar council only arranges for general insurance, life insurance and mediclaim for lawyers as if lawyers dont have those insurance, they have never heard of. bar council never arranges for malpractice insurance. no Indian lawyer have malpractice insurance. but bar council will suspend lawyers if they dont pay fees for welfare. see the news

https://www.latestlaws.com/latest-news/bar-council-suspends-5970-lawyers-for-not-paying-welfare-fund-dues/

these welfare fund dues are for welfare of the lawyers. if they dont pay for their own welfare why bar take action against them ?? it should be none of the business of bar council. but they act as if the money is used for bar’s own expenditure.

so lawyers have to pay the above mentioned huge expenditure out of their own pocket.

2. law officers of government or private sector

law officers dont have to pay most of the expenses such as legal database, online platform charge, chamber rent or cost, education, court expenses etc. all are paid by entity whose law officer he was. he will get his monthly salary only. sounds lucrative huh ??

the flip side is that bar council and supreme court forbade you to be full time salary holder that is law officer. both of them say that you will no longer be an advocate if you are in full time job such as law offcer. your experience wont count as advocate or the bar member. we have to suspend our license to bar the time we serve as law officer. also bar can cancel your license if you dont inform it that you become law officer.

in this covid time many lawyers lost their job. they want to do other full time job but bar and supreme court said in 2020 that they have to surrender their bar license to do other jobs. both supreme court and bar council thought that full time law officer will damage the reputation of legal profession.

https://www.legallyindia.com/home/hc-rules-not-an-advocate-if-working-anywhere-full-time-including-probably-at-law-firms-on-retainer-20170619-8592

https://www.vakilno1.com/legal-news/advocate-in-full-time-salaried-employment-loses-the-right-to-practice-allahabad-hc.html

https://www.livelaw.in/news-updates/advocate-cant-be-a-full-time-salaried-employee-144356

http://www.legalservicesindia.com/article/179/Restriction-on-Advocates.html

such is the bar council and supreme court in india. i have seen other countries have their lawyers work full time as law officer. UK USA allowed their lawyers to work full time. dont they have a dignity issue ?? why india has, i dont know .

3,. politics, nepotism and others

almost all courts in india has political lobby. the election in bar association throughout the country is nothing but election between political parties about who control the bar. all the law officer and panel lawyer are appointed politically especially government lawyer.

https://www.oneindia.com/lawyer-politicians/

https://www.news18.com/news/india/one-lawyer-from-cong-other-has-bjp-background-judge-on-mamatas-request-to-reassign-nandigram-petition-3885668.html

https://www.business-standard.com/article/news-ians/courting-politics-a-much-needed-ode-to-9-lawyer-politicians-117112400268_1.html

see how a politician in india is a lawyer at the same time ?? will this not affect impartiality ?? who cares ??

lawyers having no political link goes nowhere.

nepotism is the essence of legal profession in india. you cant find more nepotism anywhere else than here in legal profession in india.

https://www.barandbench.com/columns/nepotism-only-in-bollywood

https://www.indialegallive.com/top-news-of-the-day/news/lawyers-body-writes-to-pm-cji-alleging-nepotism-in-appointment-of-high-court-judges/

https://timesofindia.indiatimes.com/blogs/toi-edit-page/where-dynasty-rocks-nepotism-is-serious-not-just-in-politics-and-bollywood-but-also-in-the-legal-profession/

https://www.hindustantimes.com/india-news/judge-writes-to-pm-modi-over-appointments/story-PSVAIh3Xz2WMP9h71GPGBL.html

https://theprint.in/opinion/the-nepotism-and-caste-based-discrimination-that-exists-in-indian-judiciary/48542/

https://allindialegalforum.in/2020/05/16/law-in-india-is-all-about-nepotism/

4. fake lawyers increasing competition in legal market

yes. you heard it right. Indian legal system full of fake lawyers. anybody can act as a lawyer if he or she wears a black coat, gown and band.even judges fail to get them. so more than 50 % lawyers are fake. these fake lawyers increase the competition while real lawyers starves.

https://www.indiatimes.com/news/india/kerala-woman-who-practiced-law-without-a-degree-for-more-than-two-years-on-the-run-545679.html

https://timesofindia.indiatimes.com/city/kochi/fake-lawyer-seeks-bail-at-hc/articleshow/84840640.cms

https://www.newindianexpress.com/thesundaystandard/2017/feb/05/12-lakh-fake-lawyers-plague-indias-courts-1567019.html

https://timesofindia.indiatimes.com/india/30-of-lawyers-in-india-are-fake-bar-council-chief-says/articleshow/48215119.cms

HERE IS MY FAV : LAW MINISTER HAVE FAKE LAW DEGREE

https://www.latestlaws.com/latest-news/delhi-law-ministers-fake-law-degree-case-fall-bci-says-30-advocates-fake-drive-soon-catch/

so much for Indian legal profession.

now from above discussion is it any wonder that access to justice is a complete failure in india ?? why it should not be a failure ??

these reasons of failure they don’t talk about. i as a lawyer face all these failure. govt. of india fights access to justice problem by creating more free legal aid clinic and creating apps for acccess to justice. . but this actually dont solve access to justice problem here in india.

ACCESS TO JUSTICE PROBLEM WILL NEVER SOLVE UNLESS ALL THE ABOVE MENTIONED REASONS ARE REMOVED.

i want forum member to discuss and comment.