Shri Amarjit Singh Chandhiok, President-Elect of the Bar Association of India, President -INSOL India & Maadhyam-Council for Conflict Resolution
HISTORY OF THE BAR ASSOCIATION OF INDIA
The Bar Association of India was established in the year 1959 and inaugurated on April 2, 1960, by then President of India Dr Rajendra Prasad in the august presence of then Prime Minister Pt. Jawaharlal Nehru, then-Vice President Dr S. Radhakrishnan, then Chief Justice of India.
Many stalwarts of the legal profession whose names are taken with reverence even today have served the Association as the President namely-
Shri M.C. Setalvad, Shri C.K. Daphtary, Shri Lal Narayan Sinha Shri K. Parasaran, Shri F.S. Nariman, Shri Anil B. Divan, Shri R.K.P. Shankardass, Shri Lalit Bhasin
The objects of the Association are ‘broad-based’ and aim not only at the furtherance of the interests of the profession but set before it the task of public and national welfare in many directions.
CAPTIVATING THE JOURNEY OF THE NEW LEADERSHIP
Mr Chandhiok has a long-standing inimitable career in law and is well-known in the league of legal luminaries. He is a Senior Advocate who has formerly held the position of Additional Solicitor General of India. Mr Chandhiok is also leading several organisations- INSOL India as its President. He is the brain behind founding Maadhyam-Council Conflict Resolution and as its President working aggressively in spreading ADR movement across the globe.
Internationally, he is associated with several well-known organisation as a member of the Russian Centre for Dispute Resolution of the BRICS Forum; Former Principal Counsel, European Union Commission, Member, London Court of International Arbitration. He was a member of ICC Arbitral Tribunals for international arbitration and also appeared before various arbitral tribunals of ICC, at various places abroad. Among many feathers in the cap, one of them is that he has represented the Indian Government in the Enron Arbitration in London. He was invited as an expert on Indian laws by various Courts/ Tribunals of the United States, United Kingdom and Australia.
In the Supreme Court of India and Delhi High Court, his popularity amongst legal masses needs no mention and his six times election as the President of Delhi High Court Bar Association, one of the most prestigious bar associations in India, is enough to support the words beyond any doubt. He has been spearheading the ADR movement as a member of overseeing committee of Samadhan- the Delhi High Court Mediation Centre; and Delhi International Arbitration Centre and even beyond he is vocal in conveying the importance of ADR on various platforms. He is accredited Mediator of Singapore International Mediation Institute and is leading mediation movement in India from the front.
Mr Chandhiok has received many laurels nationally and internationally. He has been awarded the “Leader in the Profession – Leader of the Bar Award-2007” from the Bar Council of Delhi. This was the first time the Bar Council, a statutory body under the Advocates Act, had conferred this award to anyone. The National Law Day Award in the year 2006 was received from the then Prime Minister of India, for the contributions made in the practice of Civil Law.
Mr Chandhiok’s community outreach has bestowed upon him with the meritorious legal services award by Delhi Citizens Forum for Civil Rights in 2002. He also received “Sikh of the Year 2010” Award from Sikh Forum International, London, UK. The “Outstanding Jurist” award by J.N. Kaushal Jurisprudence Centre, New Delhi in the year 2000. Also awarded two doctorate degrees (honoris causa).
Mr Chandhiok has widely travelled across the globe. Beyond the law, he has a deep interest in photography, classical Indian music and films.
Indian Law Watch congratulates Mr Chandhiok for his new appointment as the President-Elect of the Bar Association of India. He has shared his thoughts on our questions below regarding his vision on the new journey ahead.
Qs. The Bar Association of India is a voluntary body almost representing the entire legal profession, apart from having a distinguished individual membership. The welfare of the legal profession has been the foremost visible concern in the situation of a pandemic. Does the Bar Association of India under your esteemed leadership have any plans for addressing the issue of welfare of legal fraternity especially for dealing with such a situation?
Response: The mission of the Bar Association of India (BAI) is to represent the legal fraternity both concerning its welfare and to see how the fraternity can be instrumental in providing access to justice. It has started working to establish virtual platforms for resolution of disputes.
In the current situation of a pandemic, the Association has taken various steps to assist members of the Bar through the Bar Council of Delhi, other Bar Associations or otherwise by necessary contributions etc. It is being done so to avoid duplicacy in rendering assistance. The BAI will continue to take necessary steps to meet new challenges, especially in the changing times, maintaining the dignity of the Court and its independence. Even in the case of Prashant Bhushan, the Association had sought intervention before the Hon’ble Supreme Court to assist the Court, but it was declined, as in the opinion of the Hon’ble Court the matter was between the Supreme Court and Mr Prashant Bhushan.
The new Executive and office bearers have been elected on September 12, 2020. This date also has historical importance –‘Saragarhi Day,’ the Indian Army’s 4th battalion of the Sikh Regiment observes the same as the victory against Afghan tribesmen, which took place on September 12, 1897. It is also the day when the ‘Singapore Convention’ came into operation across the globe. The Bar Association has issued a Press Release.
Apart from other activities, the new EC has, as one of its agenda, how to remove the impediments in providing easy access to justice at secondary and tertiary levels.
Many lawyers were/are suffering because of lack of work as a result of the lockdown. A request has been made to the Legal Service Authorities and the concerned Committees that work may be entrusted to needy lawyers. The Association is conscious of the fact that disputes will increase manifold and have a speedier and easy resolution, mediation should be adopted. The Association is intending to create facilities to promote arbitration and mediation.
The Association is already assisting Hon’ble Courts to ensure that medical insurance claims proposed by the Government of Delhi are made available to lawyers who are registered with the Bar Council of Delhi and are residing in the NCT region.
Qs. What are the contemporary issues that the Bar Association of India is expected to address under your leadership?
Response. Apart from what is stated above in answer, the Association would look at exchange programmes. It is already in association with the BRICS Legal Forum.
It is looking forward to making India a prefered hub for arbitration and mediation and is working towards international collaborations.
Qs. How do you see the role of the Bar Association of India in contributing to legal education? Do you feel Indian Legal Education is at par with international standards, if not any plans for visible change during your tenure?
Response: Legal education is a very important subject. Incidentally, I may let you know that one of the Vice Presidents of the BAI is also the Vice Chairman of the Bar Council of India.
The Association, in collaboration or joining hands with the Bar Council of India and/or the State Bar Councils, intend to make a move to have a uniform curriculum for all law universities and colleges in India.
At present, the law colleges and universities are having different curriculums and teaching patterns, as a result of which students’ capacities also differ. This must change.
The Bar Council has recently advised all universities and law colleges to include Mediation as a compulsory subject of study. The Association is already collaborating with Council for Conflict Resolution – Maadhyam, to make use of the resource persons available with Maadhyam for imparting training and conducting workshops etc. for law colleges and universities not only to make ADR a compulsory subject but also build the capacity of students and teachers in those subjects. The Association is also intending to draw workable plans for continuing education of lawyers as well, in collaboration with the Bar Council of India and State Bar Councils.
Qs. The Bar Association of India can be an important point for organising academic tours which can help shape young Indian Legal Minds and increase their interaction. Please throw some light on this.
Response: Currently, there is a Bar Association with every court. Primarily, it is for these Bar Associations to look into this aspect and organise academic tours. However, BAI can help make guidelines in this regard.
Qs. How does the Bar Association of India as a body covers issue of- college placements, legal internships especially for students in far-flung areas and beyond National Universities?
Response: The new EC has a representative from Ladakh. All States and Union Territories are represented in the Association. In case of any difficulty, these representatives can bring the same to the attention of the Association. The students and institutions approach law firms and individual lawyers, who often visit and make campus selections so far as placements are concerned. BAI would lend its support in this regard.
Qs. Statistically, there is an underrepresentation of women in the field of law beyond the esteemed bar represented by your good self. What do you think could be the role of the body like the Bar Association to reduce the gender gap?
Response: History of the Bar indicates that over the past ten years there has been a steady increase in women lawyers, judges and law officers, as compared to the years before that. There has been a manifold increase in the number of women/lady Judges so far as the Delhi High Court is concerned. Personally speaking, reservation of anything, in fact, becomes detrimental to any particular class. The number of women in the profession has increased considerably now. In the recent judicial services selection, more girls were selected than boys. I think this trend would continue and soon an adequate representation of women in the legal profession will not be a question at all.
Qs. You are the President of many organisations, an active presence in the field of law and attend to many activities of the legal fraternity and a personality with a most humane touch. How do you manage to handle so well without failure the multiple hats you wear and with such a great humility at this level?
Response: The role I handle with many organisations is more or less the same, though the organisations vary. For example, INSOL India looks into insolvency, bankruptcy, turnaround etc. Council for Conflict Resolution, Maadhyam, is into arbitration and mediation. The Bar Association of India is looking into all these as an organisation of the legal fraternity. Mediation and arbitration could be well applied to insolvency resolutions. So wearing more than a hat is not an issue, when the issues to be handled are known and the goal is not unknown.
Humility is a human condition bestowed by Almighty God upon all. One has to keep it as part of character and conduct.
Qs. You have been part of the Bar Association of India for long. Do you feel the organisation is technologically advanced to meet international standards and to meet the contingency of virtual presence?
Response: The BAI is technologically advanced to meet international standards. For example, it has been conducting all its meetings, including the EC and General Council ones, through virtual platforms. Even its election has been done from a virtual platform. It will definitely encourage the use of technology and digital platforms.
Qs. Any important international collaboration that Bar Association is looking for in your tenure.
Response: The BAI is in collaboration with BRICS countries and their organisations. It has collaborated with many other countries as well. As mentioned before, it is aiming to have an arbitration and mediation hub in India, where cross-border arbitration and mediation will be handled. This will be in association with related chambers abroad. It is already associated with the International Bar Association and similar other bodies.
Qs. What is your message to the young lawyers from your experience in law and life at this point?
Response: Today’s young lawyers are better equipped than those in the past.
The advice referred to young lawyers is highly essential as they should take this noble profession merely not as livelihood but as a highly sofisticated job for providing legal service to people keeping in mind that not any person being deprived of his basic right to have the same with complete scope and opportunity for an upcoming healthily and prosperous society.
Sir , I am very much proud to have such a person of international repute like you to be elected as president for such a highly dignified organisation i.e. BCI . Thanks sir .