Case Note & Summary
The Bar Council of India filed an application before the Supreme Court seeking directions for constitution of Grievance Redressal Committees at various levels to address grievances of advocates and bar associations. The application was supported by an affidavit dated September 15, 2021, which suggested measures to control frequent strikes and boycotts by advocates. Shri Manan Kumar Mishra, learned Senior Advocate and Chairman of the Bar Council of India, submitted that illegal and unreasonable strikes are always bad and the Bar Councils cannot approve such practices. However, he emphasized that advocates often have genuine grievances regarding procedural changes in filing or listing of matters, or misbehavior by members of the lower judiciary, and due to non-resolution of such grievances, advocates resort to strikes. The Bar Council proposed that if a proper grievance redressal mechanism is available at all levels from Talukas/Muffasils/District Courts to High Courts, advocates could vent their grievances through this channel instead of going on strike. The Court considered the submission that in a meeting of Chairmen/Office Bearers of all State Bar Councils, there was unanimous opinion for establishing such grievance redressal mechanisms. The Court analyzed the need for addressing advocates' grievances to prevent disruption of judicial work through strikes. The Court directed all High Courts to constitute the suggested Grievance Redressal Committees for States as well as District and Taluka courts within their respective territorial jurisdiction, accepting the Bar Council's proposal as a reasonable measure to provide an outlet for advocates' grievances and reduce incidents of illegal strikes.
Headnote
A) Legal Profession - Grievance Redressal Mechanism - Constitution of Committees - Bar Council of India Act, 1926 - The Bar Council of India filed an application seeking directions for constitution of Grievance Redressal Committees at State, District, and Taluka levels to address advocates' grievances and prevent illegal strikes - The Court noted the Bar Council's firm view against illegal strikes and the unanimous opinion for a grievance redressal mechanism - Held that directions should be issued to all High Courts to constitute such committees within their territorial jurisdiction to provide a forum for advocates to vent grievances (Paras 1-3).
Issue of Consideration
Whether directions should be issued for constitution of Grievance Redressal Committees at various levels to address advocates' grievances and prevent illegal strikes
Final Decision
The Court directed all High Courts to constitute the suggested Grievance Redressal Committees for States as well as Districts and Taluka courts within their respective territorial jurisdiction
Law Points
- Judicial directions for administrative mechanisms
- Bar Council's role in grievance redressal
- prevention of illegal strikes by advocates
