Politics hampering bar bodies; Calcutta is an example: Supreme Court

Bar councils and bar associations should be freed from politics in order to tackle other problems ailing the bar, the Supreme Court said on Tuesday [In Re Strengthening of the Institution of Bar Associations]..A Bench of Justices Surya Kant and Dipankar Datta cited the example of Calcutta High Court in this regard."One thing seniors should highlight when giving suggestions is how to remove politics from Bar associations. It is entering everywhere. In Calcutta, see what is happening. Booths are set up as if it is a polling station. Unless we tackle this, other problems cannot be," Justice Datta said. The Court was hearing a suo motu case initiated by it for framing guidelines to strengthen bar bodies across the country. The Court today impleaded the Bar Council of India (BCI), various State Bar Councils, Supreme Court Bar Association, Supreme Court Advocates-on-Record Association and various bar associations across High Courts as parties to the case.The Bench asked the bar bodies to share their views in the matter and kept the case for hearing on August 14 next..The suo motu arose out of allegations made by a lawyer alleging discrimination by the Madras Bar Association.The counsel for the petitioner had earlier argued that the purpose of moving the top court was to seek uniform guidelines for strengthening Bar Associations across India.The top court had accordingly issued limited notice in the matter and registered the case as a suo motu one..During the hearing today, Justice Kant stressed that the matter is not an adversarial one. However, he highlighted various malpractices by bar bodies including practices with respect to allotment of chambers to lawyers."What happens with too many demands (made by lawyers) is malpractices. Chambers are being sold in the open market. When I was Advocate General, I opposed tooth and nail a PIL for free land for chambers. But after my elevation (to the Bench), government itself gave (such land). Even in Supreme Court, there is scarcity (of chambers," he said.Since bar council positions are elected, those manning the bar bodies end up setting easy examination papers too, Justice Kant further stated."See even the exams they are conducting. Because of their popularity and they also want votes, the exam level is of matriculation. Something needs to be done, remedial measures are needed," he opined. Justice Kant added that in places where judicial officers enter the field without minimum years of practice as an advocate, their conduct in courts reflects the same.Senior Counsel Arvind Datar and Shekhar Naphade appeared for various parties.