·The Hindu·15 marks·250–350 words

Critically analyze the role of the judiciary in ensuring transparency and accountability in self-regulatory professional bodies in India.

In this answer
  1. How the judiciary intervenes
  2. Contribution to transparency and accountability
  3. Limits of the judicial route

Self-regulatory professional bodies — the Bar Council of India under the Advocates Act, 1961 [1], the ICAI, and medical councils — exercise statutory power over entry, ethics and discipline in their professions. Because peer regulation can shield insiders, the judiciary has become the principal external check, though its role is corrective rather than curative.

How the judiciary intervenes

  • Judicial review of delegated power: writ jurisdiction under Articles 32 and 226 makes rules and resolutions of statutory councils justiciable, since they discharge public functions.
  • Standard-setting: in Bar Council of India v. Bonnie Foi Law College (2023) a Constitution Bench upheld the All India Bar Examination as a valid quality filter for entry into practice [2].

Contribution to transparency and accountability

  • Curbing unilateral decision-making: hearing pleas on the BCI chairperson's tenure, the Supreme Court in September 2026 required that every BCI policy decision be taken in association with the Attorney General and Solicitor General, leaving office-bearers only routine affairs pending reconstitution [3].
  • Structured supervision: court-monitored reform of sports and professional administration has repeatedly forced disclosure, tenure limits and conflict-of-interest norms where internal reform stalled.

Limits of the judicial route

  • Intervention is episodic and litigant-driven — it responds to petitions, not to systemic drift.
  • Courts lack administrative capacity for continuous supervision; supervisory committees blur the line between review and administration.
  • In bar matters the judiciary is an interested stakeholder, weakening the appearance of neutrality.
  • Legislative redesign is more durable: the National Medical Commission Act replaced the elected MCI with a largely nominated regulator [4], and the Chartered Accountants (Amendment) Act, 2022 inserted external, non-member heads into disciplinary bodies with fixed timelines [5].

Judicial oversight is therefore indispensable but insufficient: it restores legality after failure, while genuine accountability needs designed-in safeguards. Statutes should mandate elected councils, published resolutions, audited accounts and external-majority discipline panels — leaving courts to their proper role as the final, not the first, corrective.

Sources

  1. 1The Advocates Act, 1961 — India Codestatutory basis and powers of the Bar Council of India
  2. 2Bar Council of India v. Bonnie Foi Law College (2023), Supreme Court of Indiavalidity of the All India Bar Examination as a pre-enrolment filter
  3. 3"BCI can take policy decisions only in consultation with Attorney General and Solicitor General, orders Supreme Court" (September 2026 order on BCI governance and pending reconstitution) — AG/SG association with every BCI policy decision
  4. 4The National Medical Commission Bill, 2019 — PRS Legislative Researchrepeal of the Indian Medical Council Act, 1956 and replacement of the elected MCI
  5. 5The Chartered Accountants, the Cost and Works Accountants and the Company Secretaries (Amendment) Bill, 2021 — PRS Legislative Researchexternal, non-member heads of disciplinary bodies and fixed timelines

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