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 amici curiae to assist the court with cases.

The letter was written in response to a recent order, in which Justice Bechu Kurian Thomas appointed two second-year law students of MS Ramaiah College of Law, Bengaluru to assist the Court while considering a bail plea in a Narcotic Drugs and Psychotropic Substances Act (NDPS Act) case.

In the said order, the judge said that he decided to ask the two students to assist the court after noticing the keen attention with which they had paid attention to the hearing.

At the end of the case, the Court recorded its appreciation for the students' assistance, referring to them as the the growing buds of the noble profession of law.

In its letter to the Chief Justice, KHCAA has contended that the appointment of law students undermines the active assistance given by practicing advocates.

"If the Hon'ble Court required active legal assistance on a question of law, it ought to have appointed a Senior advocate or any other advocate at the Bar. The Judge ought to know that this Hon'ble Court is not a training institution for law students and encouraging ‘growing buds' is the duty of the law school," KHCAA stated in its letter.

Instead of appointing law students, the judge could have appointed newly enrolled advocates, the KHCAA added.

"If at all there is any duty on a Judge, it is to encourage young advocates at the Bar," the letter stated.

The Bar body has also raised concerns regarding the capability of law students to assist the court in considering important legal questions in such serious cases. A Senior Advocate would have better suited the role in this case, it said.

"In this case, the issue related to commercial quantities of narcotics and also the delay caused by police officers. Since the law students addressed only the precedents, the larger picture remained unaddressed which is the rise of the State of Kerala in its ranking for 'drug abuse,'" the letter explained.

KHCAA has informed the Chief Justice that it is in the process of developing a research facility where advocates can continue to study and research on areas of law that interest them. KHCAA has proposed that members from this facility be enlisted to act as amicus.

The Association has also called for incorporating rules for the appointment of amici curiae in the Rules of the High Court of Kerala, 1971 in line with the provisions of The Advocates Act, 1961.

"The Judicial system cannot be made a mockery of by appointing law students as 'amicus' even if the intent may have been to encourage law students. The KHCAA places on record its strongest displeasure and hopes that the act of appointing persons who are not advocates as Amicus will not be repeated by any Judge of this Hon'ble Court and we express hope that the Rules of the High Court of Kerala will be amended to bring in transparency in the appointment of 'Amicus,'" the letter stated.

The Bar association further reiterated its request for the appointment of one of its members to the Rules Committee of the High Court, instead of someone 'hand-picked' by judges.