
Barandbench.com reports that Justice M Nagaprasanna of the Karnataka High Court observed that advocates' clerks serve the justice system, not just individual advocates. The article asserts that these clerks are an invisible…
Barandbench.com reports that Justice M Nagaprasanna of the Karnataka High Court observed that advocates' clerks serve the justice system, not just individual advocates. The article asserts that these clerks are an invisible but essential institution in Indian courts, handling file management, curing registry objections, and being the first point of contact for many litigants.
While judges and advocates have structured institutions like academies and the Advocates Act, clerks remain outside any coherent national framework. The West Bengal Law Clerks Act, 1997 is highlighted as a workable model. The article warns that institutional memory is lost when clerks retire and argues that recognition must precede welfare schemes.
The case for recognising advocates' clerks is undeniable. But any move to register or license them must avoid creating new barriers for those who work informally. A pilot project in two or three high courts could test feasibility before a national framework. The number to watch is how many state governments amend their Advocates' Welfare Fund Acts to include clerks by 2027.
Source: barandbench.com
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