The Kerala High Court Advocates’ Association (KHCAA) has written to the Chief Justice of the Kerala High Court objecting to the appointment of law students as amicus curiae to assist in court proceedings.
This comes after Justice Bechu Kurian Thomas appointed two second-year students from MS Ramaiah College of Law, Bengaluru, to assist the Court in a bail plea under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). The judge said he noticed their keen attention during the hearing and decided to involve them in the case.
In his order, Justice Thomas praised the students’ contributions, calling them “the growing buds of the noble profession of law.”
The KHCAA, however, argued that such appointments undermine the role of practicing advocates. If the Court required legal assistance, it should have appointed a senior or other qualified advocate from the Bar, they said.
According to the KHCAA, the High Court is not a training institution for law students, and encouraging them should be the responsibility of law schools. Newly enrolled advocates, rather than students, would have been more suitable for the role.
The Bar body also questioned whether law students have the capability to handle complex legal matters, especially in serious cases involving large quantities of narcotics. They pointed out that in this case, the students only addressed legal precedents, leaving broader issues — like Kerala’s rising drug abuse — unaddressed.
KHCAA informed the Chief Justice that it is setting up a research facility for advocates to pursue in-depth legal studies, and suggested that members of this facility could serve as amicus.
The Association has called for formal rules on appointing amicus curiae under the Kerala High Court Rules, 1971, in line with the Advocates Act, 1961. They warned that appointing non-advocates as amicus, even with good intentions, risks making a “mockery” of the judicial system.
The KHCAA also reiterated its request for one of its members to be included in the High Court’s Rules Committee, instead of someone chosen solely by judges.
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