Solicitor general Gopal Subramanium has not only been shunned by the prime minister's office (attorney general Goolam E Vahanvati superseded him as the representative of the prime minister in the 2G spectrum case in supreme court), he has also not been taken on board over crucial consultations on a new proposed act by the government

As reported earlier by Governance Now, the union ministry of law has proposed a draft for Legal Practioners (Regulations and Maintenance of Standards in Professions, Protecting the interest of Clients and Promoting the Rule of Law) Act, 2010 to establish a Legal Service Board that will regulate legal practice and enable easy and affordable access to justice.

But as the second highest law officer of the country, Subramaniam has not yet been a part of the consultation process over the draft bill.

When Governance Now contacted him for his views on the proposed regulatory body, he first refused to comment saying it was still in the consultation stage. But when asked if he was a part of the consultation process, he said, “No, I am not the part of the consultation process over it.” 

It’s important to note here that Subramaniam also happens to be the chairman of the bar council of India (BCI), the apex body of advocates in the country which is warring with the government over the issue.

However, he declined to comment even in the capacity of BCI chairman. The proposal for the regulatory body has not gone down well with the BCI. It believes that the draft legislation is intended to undermine the BCI’s authority.

BCI vice–chairman R Dhanapal Raj told Governance Now that the government was acting arbitrarily on the issue without even consulting the advocates’ body.

The solicitor general also refused to comment on a resolution passed by the BCI opposing the government’s move. “I will not be able to comment on that resolution as I was not there on account of being unwell.” he said.

It’s intriguing as to why the chairman of the body was not on the same page with the vice chairman of the body over a significant development that passing of this resolution was.

On how he plans to walk the tight rope as the solicitor general representing the government and  being chairman of the BCI Subramaniam said, “I will ride the two boats as long as I can.” 

The need for having such a legal regulatory board is interesting as the Bar Council of India (BCI) and the respective bar councils of the state are already vested with powers under the Advocates Act, 1961 to regulate the legal practice in the country.

The draft also lays out that BCI, while discharging its regulatory functions, shall also comply with the requirements of the regulatory objectives in the new act. Also, all legal professionals will have to follow the directions of the Legal Services Board as the guiding principles to their functioning and performance. All this, believes the advocates’ body, is intended to undermine its authority.