BCI Chairman Manan Mishra’s Plea to CJI Gavai: Barriers Faced by First-Generation Advocates in Litigation

From the very beginning

Over the course of India’s long and distinguished history, the legal profession has been responsible for producing skilled advocates who have been able to uphold justice and safeguard rights.

However, despite this, there is a secret fact that lies concealed behind this tradition: a large percentage of exceptional lawyers have a difficult time finding their place in the profession, particularly those who are the first members of their family to enter the field.

The Chairman of the Bar Council of India, Manan Kumar Mishra, made a direct reference to this issue during an event that took place on May 17, 2025, with the purpose of commemorating the achievements of Chief Justice of India B.R. Gavai.

Mishra made a request to the newly appointed Chief Justice of India (CJI) to assist “common lawyers” who do not have influential mentors or family connections in the court system. Mishra appealed for assistance in this matter.

Throughout the course of his plea, he brought to light the difficulties that first-generation advocates face on a daily basis in the profession of litigation. The acquisition of senior designations and the procurement of courtroom assignments are examples of these problems.

Understanding the Context of the Plea

Manan Kumar Mishra gave a speech at the ceremony that was organized in New Delhi by the Bar Council to honor Justice Gavai’s elevation to the position of India’s 52nd Chief Justice. The ceremony was arranged to celebrate Justice Gavai making the promotion.

The elevation of the new Chief Justice of India is a reflection of India’s progress towards broadening its inclusiveness, he pointed out, expressing his respect for Justice Gavai’s climb from a rural background to the highest judicial post.

He also mentioned that the elevation of Justice Gavai is a celebration of India’s success. Throughout Justice Gavai’s term, Mishra advocated that the path to recognition should be available to all lawyers who are deserving of it, regardless of their familial background. This should be the case regardless of anything else.

An attorney who was a member of a group that was marginalized and who was a member of the first generation of lawyers rose to the highest level of the court system during this momentous period. After that, he pleaded with the system to make the same possibility available to other people who do not have “godfathers.”

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The challenges that are in the way of senior roles in the organization

The designation of “Senior Advocate,” which comes with prestige, higher fees, and more difficult cases, is one of the first obstacles that newly registered lawyers confront. This distinction comes with a higher level of responsibility.

This is due to the fact that the status results in them taking on greater responsibilities. currently, the process is mostly based on recommendations from senior attorneys and judges who are currently serving in their posts.

This is the case. It is difficult for individuals who are deserving of support to receive endorsements if they do not have established relationships to the candidates they are supporting. Furthermore, as a result of this, there is a concentration of senior designations inside a network of well-known names, which in turn prevents fresh voices from being heard. It is as a consequence of this that newcomers are unable to establish their reputations, and the profession is robbed of the opportunity to profit from a diverse variety of talents.

When it comes to the courtroom assignment process, there are administrative obstacles.
Only a restricted set of law companies and advocates are given precedence, as indicated by the courtroom rosters of a number of high courts, including the Supreme Court. Rather than picking individuals based on their merit or going through open calls, case assignments frequently depend on informal referrals and networks that are already in place. However, those who are supporters of the first generation are rarely selected to lead conversations in high-profile circumstances.

This is due to the fact that they do not possess the networks that are required to do so. Because of this, it is difficult for individuals to acquire the visibility and experience that would allow them to advance in their jobs. This is a direct consequence of the reason stated above. Additionally, clients are disadvantaged by this closed system because they are unable to have access to a bigger pool of legal talent individuals. This is a significant disadvantage for clients.

Social and economic issues that need to be addressed

There are a number of costs that are associated with becoming a lawyer in India. These costs include fees for membership in the bar council, rent for chambers, research subscriptions, and travel expenses that are related with the profession. The majority of the time, senior advocates and established companies are the ones who take on these charges; alternatively, they are passed on to customers who have available greater financial resources.

In the event that these financial constraints prove to be prohibitive for first-generation lawyers, it is feasible that they will be compelled to either delay their court appearances or minimize the number of cases that they take on. In addition, activists who come from backgrounds that are marginalized are susceptible to a variety of types of social isolation.

It is possible for members of the court staff, opposing lawyers, or even judges to engage in subtle discrimination toward them. Within the premises of the court, the existence of such attitudes undermines confidence and causes a feeling of estrangement among the individuals who are present.

The absence of opportunities for professional guidance and mentoring

One of the most important aspects of the process of a lawyer’s career growth is engaging in mentoring relationships. Historically, junior attorneys would work as apprentices to more experienced attorneys, receiving information in disciplines such as client management, research methodology, and normal courtroom protocol.

This was done in order to prepare junior attorneys for their careers. In situations where there is a lack of personal introductions, it might be challenging for advocates who are members of the first generation to get apprenticeships of this kind. As a result of the absence of mentors, opportunities for professional development and career guidance are lost, which leads to the loss of opportunities.

Because they do not have experienced advocates to assist them, many freshly licensed attorneys struggle to navigate the complexities of the legal process and ethical dilemmas. This is because they do not have access to legal counsel. This may have a detrimental effect on their professional performance as well as their reputation.

Disparities in digital technology and available resources are both present.
In this day and age, when there are online research tools and electronic courts, having access to digital resources is an important must.

In order to subscribe to premium legal databases and electronic filing portals, one must not only possess the requisite technical competence but also be willing to make a financial commitment. It is possible that first-generation advocates, particularly those who operate in townships with a smaller population, do not have the financial resources and dependable internet infrastructure that are required to subscribe to these programs.

These individuals are at a disadvantage when it comes to formulating arguments, referencing precedents, and submitting documents because of the digital gap that exists between them. As a consequence of this, their cases are plagued by incomplete research or delays in the procedural procedure, which has a detrimental impact on the trust that their clients have in them as well as the outcomes of their cases.

Considerations with Regard to the Principle of Justice

In the event that exceptional advocates are not included in the proceedings, the quality of legal assistance will suffer as a result. If clients do not obtain the strong advocacy that they are entitled to, judgments may suffer as a result of a more limited perspective.

This is because clients are entitled to receive strong representation. The inclusion of diverse perspectives in the legal discourse is beneficial since it allows for the introduction of fresh viewpoints to topics that are difficult to comprehend.

If just a select few individuals are permitted to have influence over the litigation process, the system runs the risk of becoming more compartmentalized and resistant to adapting to new circumstances.

In his argument, Chairman Mishra of the Bar Council of India emphasizes that justice is best served when the bar reflects the society that it represents. This includes lawyers who come from a number of professions and have had a diversity of life experiences. Therefore, the bar should mirror the society that it represents.

The BCI’s Projects and Functions in the World

As a result of Mishra’s leadership, the Bar Council of India has started taking steps to address a number of these concerns and find solutions to them. There have been a number of initiatives that have been put forward, some of which include outreach seminars in areas that are underprivileged, financial aid programs for new enrollments, and mentorship programs that pair more experienced activists with newcomers.

Furthermore, the current regulation that the BCI has enacted respecting reciprocity for international lawyers reflects an effort to broaden professional activity while simultaneously protecting local interests.

This regulation was implemented in order to protect local interests. Despite this, the execution of the law is still not uniform between states, and a sizeable percentage of lawyers who are members of the first generation have not yet reaped the benefits of the law. Additionally, in order to strengthen these operations, it is required to work with high courts, legal associations, and bar councils at the state level.

Proposals for Change and Critical Evaluation

In order to remove the challenges that first-generation advocates are forced to face, there are a number of various actions that can be taken. To begin, the process of choosing Senior Advocates ought to be made more open and transparent, with specified criteria and open applications.

This would be the first step. There is also the possibility that the courts will reserve a specific percentage of high-profile case rosters for attorneys who have never before appeared before the Supreme Court or any other high court. This is the second possibility. The third recommendation is that the BCI and state councils should enhance the amount of financial assistance and access to research databases that is subsidised.

This recommendation is based on the second recommendation. In the fourth place, it is necessary to establish institutionalized mentorship programs that are methodical in nature. The objective of these programs is to connect seasoned advocates with novices in every area.

Last but not least, continuing education classes for professionals that concentrate on the use of technology and ethics in the courts ought to be made available at a charge that is either extremely low or nonexistent.
Two of the most significant advantages of the legal profession are the diversity that exists within it and the commitment that it has to the pursuit of justice. The Indian judiciary has the power to capitalize on untapped potential and strengthen its position as the guardian of rights by providing opportunities for advocates of the first generation.

This can be accomplished effectively through the provision of opportunities. The request that was made by Manan Kumar Mishra, Chairman of the Board of Control for Information (BCI), to Chief Justice B.R. Gavai is more than just an appeal for inclusiveness; it is a scream to uphold the promise of equal opportunity that is found in the Constitution from the beginning.

It is a once-in-a-lifetime opportunity for the judicial system to transform the litigation process into a truly meritocratic arena, one in which every lawyer who is deserving of the opportunity to appear before the bench and have their voice heard, regardless of their background, can do so. There would be an opportunity to take advantage of this situation when the next Chief Justice of India is inaugurated into office.