“Junior lawyers must learn the art of advocacy, proper drafting, and courtroom conduct. Training programs will equip them with these essential skills,” Justice Oka Said said.
Justice Abhay Oka of the Supreme Court recently highlighted the importance of pro bono work and legal aid, encouraging young lawyers to actively engage in such cases. Speaking at a lecture organized by the Indian Law Institute (ILI) – Assam State Unit, Justice Oka described legal practice as “5-star social work”—a profession where success not only brings financial rewards but also the opportunity to serve society by helping people seek justice.
Encouragement for Pro Bono Work
Justice Oka urged young lawyers to take up pro bono cases, emphasizing that legal practice provides a unique platform to contribute to social justice while achieving professional success. He proposed that senior advocates in High Courts should be required to handle at least five criminal appeals per year for accused individuals who cannot afford legal representation.
Similarly, he suggested that senior lawyers in trial courts should take up more cases for underprivileged clients, noting that inexperienced lawyers often handle serious criminal cases, which can undermine the rights of the accused under Article 21 of the Constitution.
“If you are successful, you can earn a lot, but at the same time, you can also help people by working pro bono and ensuring that their grievances are heard in court,” Justice Oka stated.
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Importance of Professional Ethics and Constitutional Duties
Justice Oka emphasized the constitutional responsibilities of advocates, referring to Article 51A of the Constitution, which outlines the duties of citizens to uphold constitutional values. He highlighted the historical role of lawyers in preserving the independence of the judiciary, citing the reaction of the Bombay Bar Association after the Kesavananda Bharati judgment.
Justice Oka reminded the audience that judges are not infallible, referencing the shift in judicial interpretation from A.K. Gopalan v. State of Madras to Maneka Gandhi v. Union of India. He also recalled Chief Justice M.C. Chagla’s public apology for the conviction of Bal Gangadhar Tilak, despite the decision being legally correct under colonial law.
Fairness and Integrity in Legal Practice
Justice Oka stressed that fairness is a key aspect of professional ethics. He advised young lawyers to present facts transparently, even if they weaken their client’s position.
“Fair lawyers get better hearings in court. Judges appreciate honesty and integrity,” he noted.
Justice Oka shared that judges are more inclined to accommodate lawyers who argue their cases with integrity and professionalism. He discouraged the growing trend of unnecessarily lengthy pleadings and excessive case law citations, which overburden the courts.
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Concerns Over Legal Practices and Court Boycotts
Justice Oka criticized the practice of court boycotts by bar associations, stating that such actions delay justice and violate constitutional ideals. He highlighted instances where he issued contempt notices to associations in Maharashtra, Karnataka, and the Supreme Court for organizing boycotts.
“Skipping court in protest is not supported by the Constitution. Delaying justice for even one day can affect hundreds of cases,” he pointed out.
Justice Oka also condemned the refusal of legal representation in politically sensitive cases. He recalled an incident in Karnataka where a student accused of making anti-national remarks was denied legal representation by the local bar association. Justice Oka intervened to ensure the student received legal aid and issued contempt notices to the association members involved.
Problems with Lengthy Pleadings and Cross-Examinations
Justice Oka criticized the culture of overly lengthy pleadings and cross-examinations. He cited a case where a witness was cross-examined for 95 days, resulting in 55–60 pages of mostly irrelevant material.
He attributed this problem to the misuse of legal provisions, such as the amendment to Order 18 of the CPC allowing affidavits in place of chief examination.
“The affidavit process is being misused, leading to unnecessarily prolonged trials. Judges should guide lawyers to focus on relevant facts,” he asserted.
Call for Legal Education and Training for Young Lawyers
Justice Oka stressed the need for structured training programs for young advocates. He recommended that ILI units introduce professional development courses, similar to the Continuous Legal Education Program run by the Bar Council of Maharashtra and Goa.
“Junior lawyers must learn the art of advocacy, proper drafting, and courtroom conduct. Training programs will equip them with these essential skills,” he said.
Justice Oka suggested that retired judges and senior lawyers should mentor young advocates, helping them understand the nuances of courtroom procedures and professional ethics.
Conclusion
Justice Abhay Oka’s lecture underscored the dual role of legal practice as both a profession and a social service. He emphasized that young lawyers have a duty to uphold constitutional values, provide fair representation, and engage in pro bono work to ensure access to justice for all. His call to action reflects the broader goal of strengthening the legal system and promoting fairness, integrity, and social justice in India.
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