Discipline lawyers

By taking an abrupt break and walking out of the courtroom on Tuesday, Justice JS Khehar, who is scheduled to be the next Chief Justice of India, has sent a strong message to lawyers who do not come prepared for a hearing, seek adjournments on flimsy grounds or deploy juniors on a case without proper briefing. When lawyers operating at the Supreme Court level do not take their job seriously and remain in what Justice Khehar described as “a holiday mood”, the citizens are entitled to anxiety and alarm at the quality of justice available to them.

The problem of pendency has been effectively brought to centre stage by Chief Justice TS Thakur in recent days but the shortage of judges is only one of the several causes for judicial delays. With an overbearing executive trying to have its say in judicial appointments and refusing cooperation, an early end to the standoff seems unlikely. The judiciary, meanwhile, can concentrate on what is in its domain. Maybe things can improve a little if procedures are simplified, the administration of justice is speeded up with help from technology, frivolous litigation is curbed more vigorously and the bars coming in the way of justice are tamed. Quite often cases linger due to such simple things as unpaid fees, notices not served or incomplete documents filed by counsel.  Studies have shown that lawyers contribute majorly to stretching litigation, much to the annoyance of both judges and litigants. 

The leadership in the legal community has an obligation to insist on a robust professional conduct from the bar. Lawyers at all levels ought to remain true to their commitment to speedy justice. Justice Khehar has shown how a little show of anger can impose discipline on the irresponsible crowd. Other judges too need to assert their authority and break loose of the cosy ties with senior lawyers. Litigants suffering on account of lawyers violating the code of conduct or deciding to strike work without notice deserve compensation from the counsel’s pocket. Incentivise the speedy disposal of cases and punish non-professional conduct.