Group of Advocates write to the BCI on undue restrictions on Advocates to appear in Conciliation proceedings

A group of Advocates have written a letter to the Bar Council of India (BCI) pointing out cases where legal practitioners are not permitted to be part of conciliation proceedings.

The letter pointed out instances where the Securities and Exchange Board of India (SEBI), Reserve Bank of India (RBI), Ministry of Road Transport and Highways, GAIL, BHEL Conciliation Scheme and many organizations/institutions restricted the appearance of lawyers during conciliation proceedings.

The letter stated, "It is said that the thread of natural justice should run through conciliation proceedings. While the same is true, it may be relevant to note that parties as well as Advocates are facing unjust restrictions in the form of archaic laws that prevent parties from seeking the aid of legal practitioners who may be in a far better position technically and otherwise to assist the parties in reaching an amicable settlement."

The letter added that legal practitioners would be better equipped to help their clients present their side of dispute even while such a dispute is not pending adjudication before a court of law. However because of restrictions, parties seeking out-of-court settlements are unable to avail professional services of legal practitioners armed with training in mediation and conciliation practices.

The letter also pointed out that because of the ongoing situation in the country, lawyers have little or no work and majority of the litigating parties decide to settle their disputes rather than contesting time consuming litigation. In the current unprecedented times of global pandemic, such unreasonable restrictions should be removed so as to provide more opportunities to lawyers who are severely affected due to lack of work due to non-functioning/restricted functioning of courts.

It further stated that the removal of restriction on lawyers is quintessential for the effective functioning of the policy of dispute resolution by way of mediation and conciliation as well as in order to further aid in reducing burden of litigation and pending court cases in India.

The letter finally stated that anything repugnant to Section 30 of the Advocates Act, 1961 restricting the right of advocates to practice shall be held void. It also stated that imposing such restrictions is in violation of Article 19(1)(g) of the Constitution of India.

The letter requested the BCI to undertake appropriate measures to enable removal of restrictions on lawyers from practising ADR across various forums. 

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