LS members pitch for removing touts from lower as well as higher judiciary

"The law commission was given a mandate to bring judicial reforms as per new circumstances. There should be no role of touts in the court premises in the country," Meghwal said

Cutting across party lines, Lok Sabha members on Monday underlined the need to remove touts not only from the lower judiciary but also from the high courts and Supreme Court.

Initiating the debate on the Advocates (Amendment) Bill, 2023, Congress member Karti Chidambaram said injustice anywhere is a threat to justice and touts thrive because of the complexity in dealing with the country's legal system.

"Because of the asymmetry in our society in terms of education, access to people in authority and wealth, sometimes people do not know how to navigate the legal system. This is what is being exploited and some people step in as touts. Touts thrive because of the complexity in dealing with our legal system," the MP from Sivaganga in Tamil Nadu said.

He urged the government to focus on the "big fish" rather than targeting the touts in lower courts.

Jagdambika Pal of the Bharatiya Janata Party (BJP) said the Bill will end a colonial practice and suggested that the entire House should welcome the amendments.

He said the changes in the Advocates Act were also suggested by the Law Commission and the government has consulted all the stakeholders before coming up with the amendments.

DMK member A Raja accused the government of misusing Parliament by encroaching on the powers of the states through amendments that deal with state subjects.

He also said it is unfortunate that the government has not come up with the "objects and reasons" of the Bill.

The government, Raja said, has not come out with a clear law to deal with corruption in the judiciary.

"This Bill has no meaning at all.... The government needs to revisit the Bill and come up with something which is workable," he added.

Kalyan Banerjee of the Trinamool Congress (TMC) said there is a need to remove "highly-paid lawyers-cum-touts" from the system.

He said there is a "face law" prevailing today, adding that judgments are delivered on the basis of lawyers.

"Face law" has become an important thing to get justice, Banerjee said, adding that this is why crores of people are not getting justice.

The TMC leader said the Supreme Court had set up a bench to hear cases pertaining to same-sex marriage while several important cases are languishing for years.

Banerjee further said it would be difficult to get rid of touts unless some policy is made to prohibit the relatives of judges from practising in the same court.

On the transfer of judges, he wondered how a judge, who is not deemed fit for a high court, becomes eligible to deliver justice in another court.

Banerjee said people are afraid of criticising judges because of the law pertaining to contempt of court.

It is only in Parliament that one can talk about the judiciary, without attracting the provisions for contempt of court, he added.

Bhartruhari Mahtab of the Biju Janata Dal (BJD) said it is important to remove touts from the high courts and Supreme Court as well.

He said efforts should be made to promote a digital interface between lawyers and clients.

Mahtab also underlined the need for enhancing the quality of lawyers.

Supriya Sule of the Nationalist Congress Party (NCP) said there is a need to bring a comprehensive law to deal with the menace of touts in the larger interest of the people of the country.

Congress member K Suresh demanded that lawyers hailing from the Scheduled Caste (SC) and Scheduled Tribe (ST) communities be given a financial assistance by the government.

BJP's P P Chaudhary said touts should have no place in the legal profession as the poor suffer due to their presence.

The other members who participated in the discussion included Malook Nagar (Bahujan Samaj Party), Hasnain Masudi (National Conference), Bashir Ahmad (Indian Union Muslim League) and Janardhan Singh Sigriwal (BJP).