BCI Must Frame Guidelines For Establishing ‘Ethical Code For Self Represented Litigants’ To Minimize Frivolous...
Topic:
BCI Must Frame Guidelines For Establishing ‘Ethical Code For Self-Represented Litigants’ To Minimize Frivolous Litigation
Introduction
Self-Represented Litigants (SRLs) are individuals who appear before courts without the assistance of lawyers.
While the Indian legal system allows any person to represent themselves, the rise of SRLs has also led to a surge in frivolous, vexatious, and repetitive litigation.
Frivolous litigation wastes judicial time, delays justice for genuine litigants, and clogs court dockets.
Unlike advocates who are regulated by the Bar Council of India (BCI) and bound by an ethical code, SRLs have no formal ethical framework governing their conduct.
Therefore, there is a compelling need for the BCI to frame guidelines or an ethical code specifically for SRLs to regulate conduct and minimize frivolous cases.
Why Should BCI Frame Such Guidelines?
Regulatory Mandate:
The BCI is entrusted under the Advocates Act, 1961 to regulate the legal profession and promote legal education and professional conduct.
Though SRLs are not lawyers, the BCI’s mandate to improve the legal process justifies formulating ethical guidelines to curb misuse of the justice system by SRLs.
Balance Access to Justice and Judicial Efficiency:
While everyone has the constitutional right to access courts (Article 14, 21), this right must be exercised responsibly.
Guidelines can help SRLs understand the responsibility that comes with access to courts and reduce misuse.
Prevent Abuse of Process of Court:
Courts have inherent powers to prevent abuse of the judicial process. Ethical codes for SRLs will institutionalize this principle, reducing the burden on courts.
Protect Integrity of Justice System:
Frivolous litigation undermines public confidence in the judiciary. Ethical guidelines promote respect for court procedures and fairness.
Relevant Indian Case Law Supporting This Principle
1. State of Haryana v. Bhajan Lal, (1992 Supp (1) SCC 335)
The Supreme Court laid down guidelines to prevent abuse of process of law and frivolous litigation in criminal cases.
Though in criminal context, the underlying principle is applicable broadly to all types of litigation.
Courts have the duty to prevent misuse of legal procedures that cause harassment and clog the justice delivery system.
2. Manohar Lal Sharma v. Union of India, (2014) 8 SCC 659
The Court observed a growing trend of filing frivolous Public Interest Litigations (PILs) and other petitions to harass or delay.
It stressed the need for mechanisms to curb misuse of courts, emphasizing judicial time is precious and must be protected.
3. M.C. Mehta v. Union of India, (1987) 1 SCC 395
The Supreme Court made clear that PILs and litigation must not be used as tools for harassment or frivolous purposes.
Courts have the power to reject such petitions outright to protect judicial resources.
4. M.C. Chockalingam v. Tamil Nadu, (2005) 3 SCC 40
Affirmed the inherent power of courts to prevent abuse of the judicial process.
The Court can take strict action against vexatious litigants who misuse the legal process.
How Can BCI Guidelines Help?
Set Minimum Standards of Conduct:
Guidelines can specify that SRLs must file only bona fide claims, avoid repetitive or vexatious petitions, and not mislead courts.
Promote Legal Awareness:
Help SRLs understand legal procedures, consequences of frivolous litigation, and encourage use of legal aid.
Assist Courts:
Provide courts a framework to identify and warn or sanction abusive conduct by SRLs.
Maintain Dignity of Proceedings:
Encourage respectful conduct towards judges, opposing parties, and court staff.
Discourage Misuse:
Deterrent against filing petitions for harassment, delay, or personal vendetta.
Why Existing Legal Framework Is Not Enough?
Advocates have a well-defined code of ethics under the Bar Council of India Rules, 1975.
SRLs lack any such formal regulation or guidance, often resulting in procedural errors, repetitive claims, and abusive litigation.
Conclusion
The right to access justice is fundamental but must be exercised responsibly to maintain judicial efficiency and fairness.
The BCI, as the apex legal regulatory body, should frame an ethical code or guidelines for SRLs to promote responsible litigation.
This will minimize frivolous litigation, protect the dignity of courts, and ensure swift justice for genuine litigants.
Courts have repeatedly emphasized the need to prevent abuse of process, and BCI’s intervention will institutionalize this principle in the SRL context.
RELATED Blog
0 comments