"Protest": KHCAA disputes the Kerala High Court's decision to appoint law students as friends of the court
The Kerala High Court Advocates' Association (KHCAA) has voiced its concerns over the appointment of law students as amici curiae in serious legal cases, particularly in a recent Narcotic Drugs and Psychotropic Substances (NDPS) Act bail matter.
In a letter to the Chief Justice of the Kerala High Court, the KHCAA expressed its "strongest displeasure" at the appointment of law students, arguing that it undermines the active assistance expected from practicing advocates and risks trivializing the court's procedures.
The controversy arose from a recent order by Justice Bechu Kurian Thomas, who appointed two second-year law students to assist the court in the NDPS case. The court recorded its appreciation for the students' assistance, referring to them as the "growing buds of the noble profession of law."
However, the KHCAA has raised concerns regarding the capability of law students to assist the court in considering important legal questions in such serious cases. The association suggests that a Senior advocate or any other advocate at the Bar could have been appointed instead.
The KHCAA also proposes that, in future, members from its research facility could be enlisted to act as amici curiae. This would ensure that the assistance provided is of a higher calibre, given the expertise of the researchers.
The association further contends that the Kerala High Court is not a training institution for law students. It has requested the appointment of one of its members to the Rules Committee of the High Court instead of someone 'hand-picked' by judges.
The KHCAA's stance implies a push for stricter criteria for appointing amici curiae, favouring senior advocates or technical experts over law students. It could lead to formal guidelines limiting or clarifying who can be appointed as amici curiae, reinforcing the role's seriousness.
The controversy highlights tensions between judicial innovation (acknowledging promising law students) and professional standards upheld by bar associations. The discussions may influence the High Court’s Rules Committee and judicial policies to possibly exclude law students or interns from such roles in future unless expressly authorized.
For now, it appears more localized to the Kerala High Court context, rather than a systemic issue across the Indian legal system. However, the debate has sparked a focused discussion on the appropriateness of appointing law students as amici curiae in serious matters, stressing the importance of experienced legal assistance.
- The Kerala High Court Advocates' Association (KHCAA), in its letter, argued that the appointment of law students as amici curiae in serious legal cases, such as the one in the recent NDPS Act bail matter, hampers the active assistance expected from practicing advocates and potentially trivializes the court's procedures, falling under the broader concept of education-and-self-development.
- The KHCAA's proposed solution for future appointments is to enlist members from its research facility to act as amici curiae, ensuring higher quality assistance due to their expertise, which aligns with the focus on education-and-self-development in the legal profession.
