How can Indian courts democratize the legal profession in 2024?
- Chirag Joshi
- Mar 9, 2024
- 2 min read
Recent news! The UK Supreme Court is taking a stand for junior lawyers encouraging them to argue cases, giving them invaluable courtroom experience. The initiative to promote junior counsel participation by the Supreme Court of the United Kingdom was hailed by attorneys in U.K. as a commendable step towards a more democratized legal profession. The practice note issued by President of the UK Supreme Court, Lord Reed read as follows:
The current situation in the Indian legal system, where a select few senior counsels dominate the highest courts, raises concerns about access and opportunity. This concentration of experience at the top creates a significant barrier for junior advocates who struggle to gain the courtroom exposure crucial for their development. If the Indian Supreme Court and High Courts were to follow the UK's lead and actively encourage the participation of junior counsel, it would be a significant step towards democratizing the legal profession in India.
Here's why the Indian courts should follow suit:
Nurturing future legal minds: Just like the UK court system, India can benefit from actively fostering the skills of junior lawyers. Presenting arguments before the highest court is an invaluable learning experience that hones oral advocacy, critical thinking, and courtroom presence – all crucial for a successful legal career.
A more diverse bar: Encouraging junior counsel participation, especially female advocates, can help address the under-representation sometimes seen in senior positions. Regular courtroom experience can equip them with the confidence and expertise needed to climb the professional ladder.
A richer exchange of ideas: Junior counsels often bring fresh perspectives to legal issues. Granting them a platform to present arguments can lead to a more nuanced and comprehensive exploration of cases before the courts.
Implementation Considerations:
Similar to the UK model, the Indian judiciary can issue a practice note outlining the importance of junior counsel involvement. This note could:
Encourage lawyers to consider assigning speaking roles to junior counsels whenever possible, based on the complexity and duration of the case.
Mandate a statement from lawyers confirming that due consideration has been given to junior counsel participation.
By adopting this approach, the Indian courts can create a more level playing field for young lawyers, fostering a richer legal tradition and a more equitable profession. What do you think, legal professionals? Should Indian courts give junior lawyers a chance to argue before the highest courts? Share your thoughts in the comments! #LegalProfession
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