Bar Councils must earn members’ respect, introspect on role: Justice BV Nagarathna

Supreme Court Justice B.V. Nagarathna has called on Bar Councils at the national and state levels to introspect on their role and responsibilities, saying that a regulatory body failing to earn the respect of its members is not a good sign for the legal profession.

Justice Nagarathna made the remarks while delivering the convocation address at the 13th convocation of the National Law University, Delhi, where she spoke about professional ethics, the independence of the Bar, the justice delivery system and the responsibilities of young lawyers.

She said Bar Councils have an important role in maintaining professional ethics, morality and competence within the legal profession. She also urged the Bar in India to reconsider its usefulness to litigants, its role in safeguarding democracy and its responsibility towards the courts, justice and the rule of law.

Her remarks came amid recent controversy surrounding the Bar Council of India and NALSAR University of Law, Hyderabad. The BCI had earlier directed state Bar Councils not to enrol the university's 2026 graduating batch as advocates in connection with a dispute involving a student campaign over the proposed presence of Chief Justice of India Surya Kant at the university's convocation.

The BCI later withdrew the enrolment direction and closed the proceedings against the students, with BCI chairman Manan Kumar Mishra subsequently apologising to them.

Justice Nagarathna did not directly refer to the NALSAR controversy in her address. She instead spoke about the broader responsibilities of Bar Councils and the legal profession.

She stressed that the independence of the Bar was essential to a constitutional democracy and said it was not an entitlement meant for the benefit of lawyers.

According to her, an independent Bar was necessary so that lawyers could advise, argue, challenge and represent without having to seek permission from the State, the market or even their clients.

Calling lawyers the “safety valves of democracies”, Justice Nagarathna urged them to protect the independence of the profession and earn public trust.

She also said the legal system was facing problems including pendency, delays, rising costs and uncertainty. The Bar, she said, needed to speak in a united manner on how the justice delivery system could be sustained.

Justice Nagarathna referred to the historical contribution of lawyers to India's national movement and the making of the Constitution. She said members of the Bar and the profession collectively needed to examine their duties towards litigants and democracy.

She described the legal profession as an “office of trust” rather than merely an occupation or trade. A lawyer's responsibility, she said, did not end with following a client's instructions because lawyers also work within institutions that serve the public.

Addressing young lawyers, she said they should develop the ability to look at an entire dispute rather than focusing only on the legal issue involved. She advised them to assess whether litigation was necessary, whether negotiations could resolve a dispute and when concessions could be made without compromising a client's interests.

She also emphasised the importance of negotiation, settlement drafting, arbitration and mediation. She said young lawyers should understand when alternative dispute resolution mechanisms are useful and should observe how experienced lawyers conduct negotiations and mediations.

Justice Nagarathna also warned lawyers about relying on artificial intelligence-generated material in court. She cautioned them against citing fabricated judgments produced through AI and urged them to verify legal material before relying on it in court proceedings.

She said technological changes would alter the nature of legal work, with routine research and drafting becoming faster and information becoming more accessible. In that context, she stressed that professional judgment would remain important.

She also highlighted the growing relevance of alternative dispute resolution mechanisms, including arbitration, mediation and conciliation, while noting that litigation would continue to remain an important part of the justice system.

Justice Nagarathna told the graduating students that they were entering the profession as “Officers of the Court and Stewards of the Constitution” and urged them to use their legal knowledge and judgment in the service of the rule of law.

Her remarks placed emphasis on the credibility and independence of the Bar, the professional responsibilities of Bar Councils and the duties of lawyers towards litigants, courts and constitutional democracy.