In a recent pronouncement, the Supreme Court of India expressed profound concern over the escalating costs of litigation, which increasingly impede individuals of limited financial means from accessing justice. The Court highlighted that the legal profession, traditionally viewed as service-oriented, has succumbed to "rapid commercialization and competition," rendering justice unaffordable for economically disadvantaged groups.
Observations on Current Trends
A bench comprising Justice BV Nagarathna and Justice Satish Chandra Sharma observed a troubling trend where litigants are compelled to pay substantial sums as professional fees, even when their cases see minimal progress in court. To justify these fees, lawyers often provide clients with "Record of Proceedings" documents, despite the absence of significant relief. The Court noted:
"...litigants located in far corners of this country have to shell out humungous sums of money in the name of professional fees for engagement of top echelons of the legal profession, particularly when the matters do not progress on a particular day. In lieu of their expectations for the constitutionally guaranteed right to justice at the hands of this Court, they are often handed over a document that reads on top as 'Record of Proceedings' and which acts as a means of justifying the professional fees, without there being any substantial relief for the party concerned."
This practice, the Court emphasized, perpetuates the perception that access to the Supreme Court is reserved for those with substantial financial resources, effectively barring those unable to afford high legal fees.
Call to the Legal Fraternity
The Court underscored the necessity of dismantling the misconception that the Supreme Court is accessible solely to the affluent. It urged members of the legal profession to provide necessary assistance to all individuals seeking redress, without escalating litigation costs or causing unnecessary delays. The bench stated:
"Persons from all classes...who wish to approach this court with their grievance must be provided with necessary assistance by the responsible members of the bar, without increasing the cost of litigation for the party or unnecessarily delaying the process."
Emphasizing the collective responsibility, the Court added:
"The duty to provide ease of access to justice rests upon every member of the legal profession and the requisite message needs to be disseminated from the portals and corridors of this Court in the first instance in both letter and spirit."
Commendation of Pro Bono Legal Assistance
The Court's remarks were made in the context of lauding a young advocate, Mr. Sanchar Anand, who served as amicus curiae to assist a senior citizen appearing as a party-in-person. Despite the absence of financial remuneration, Mr. Anand dedicatedly represented the litigant over fourteen hearings spanning two years, ultimately facilitating a settlement. The Court acknowledged his selfless service as a commendable departure from the prevailing trend of commercialization within the legal profession.
The bench highlighted the importance of such voluntary legal aid, especially from young lawyers, to bridge the accessibility gap in the justice system. It emphasized that advocates should proactively offer their services to those unable to afford legal representation, thereby reinforcing the principle that justice should be attainable for all, irrespective of economic status.
Implications for the Legal Community
This pronouncement serves as a clarion call to the legal community to introspect and realign with the foundational ethos of the profession—serving society and ensuring justice for all. By advocating for reduced litigation costs and encouraging pro bono services, the Supreme Court aims to restore faith in the judicial system and affirm that the doors of justice remain open to every individual, regardless of financial capability.
The Court's observations resonate with the broader constitutional mandate of providing equal access to justice, as enshrined in Article 39A of the Indian Constitution. This directive emphasizes that the legal system should promote justice on a basis of equal opportunity and mandates the state to provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
Conclusion
The Supreme Court's recent observations underscore a pressing issue within the Indian legal system—the prohibitive cost of litigation that deters many from seeking justice. By calling upon the legal fraternity to offer affordable and, where possible, pro bono services, the Court seeks to uphold the constitutional promise of equal justice for all. This initiative not only aims to make the judiciary more accessible but also strives to rejuvenate the noble ideals upon which the legal profession was founded.
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