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        News and Press Release

        Ombudsman for Legal Sector

        August 9, 2011

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        Government is working on a Bill that envisages an Ombudsman to look into the complaints against lawyers and a Legal Services Board that would regulate law practices in the country. Giving this information in written reply to a question in Rajya Sabha, Shri Salman Khurshid, Minister of Law & Justice informed the House that a draft Bill titled “Legal Practitioners (Regulation and Maintenance of Standards in Profession, Protecting the interest of Clients and Promoting the Rule of Law) Act, 2010” was drafted and uploaded in the website of the Ministry of Law & Justice inviting comments and suggestions of the stakeholders. Comments are being received. Shri Khurshid said the draft Bill will be reviewed based on these comments.

        As per the proposed Bill, the complaints against the legal professionals will be examined by the Ombudsman and the report of the proposed Ombudsman will be forwarded to the Disciplinary Committee of the Bar Council of the State with a copy to the proposed Legal Services Board. The Disciplinary Committee of the Bar Council shall consider the report of the Ombudsman and if such report is not accepted by the Bar Council, the reasons for rejection of the recommendations of the Ombudsman shall be explained in detail and the same shall be published in the manner prescribed by rules. This will not in any way minimize the role of Bar Councils, Shri Salman Khurshid said.

        However, Clauses 30-33 of the proposed draft Bill empower the Board to issue directions to the Bar Councils in certain specified circumstances and enables the Board to approach the High Court for enforcement of the directions if the Bar Councils fail to comply.

        Ombudsman for lawyers to examine complaints and prompt Bar Council action with oversight by Legal Services Board. The draft Bill proposes an Ombudsman to examine complaints against legal professionals and forward reports to State Bar Council Disciplinary Committees with a copy to the Legal Services Board; Bar Councils must consider the Ombudsman's recommendations and, if rejecting them, publish detailed reasons as prescribed, while the Legal Services Board is empowered to issue directions to Bar Councils and seek High Court enforcement for non-compliance.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Ombudsman for lawyers to examine complaints and prompt Bar Council action with oversight by Legal Services Board.

                                The draft Bill proposes an Ombudsman to examine complaints against legal professionals and forward reports to State Bar Council Disciplinary Committees with a copy to the Legal Services Board; Bar Councils must consider the Ombudsman's recommendations and, if rejecting them, publish detailed reasons as prescribed, while the Legal Services Board is empowered to issue directions to Bar Councils and seek High Court enforcement for non-compliance.





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                                ActsIncome Tax
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