Supreme Court of India

DISTRICT BAR ASSOCIATION DEHRADUNversusISHWAR SHANDILYA & ORS

Citation: 2023 INSC 405
Decided: 20 April 2023
Disposal: Disposed off
Bench: M R SHAH

Holding

No member of the Bar may strike; genuine grievances must be addressed through a Grievance Redressal Committee, and all High Courts are directed to constitute such committees.

Summary

The Bar Council of India filed an application seeking Supreme Court direction to constitute Grievance Redressal Committees (GRC) at High Courts and, where appropriate, at District Courts to address genuine grievances of advocates and prevent illegal strikes. The Court reiterated that no member of the Bar may go on strike or abstain from court work, but acknowledged that advocates may have legitimate grievances concerning procedural changes or misconduct by lower‑court officials. It held that such grievances should be ventilated before a dedicated forum, and therefore directed all High Courts to set up a GRC headed by the Chief Justice, comprising two senior judges, a service judge, a Bar judge, the Advocate General, the State Bar Council Chairman, and the High Court Bar Association President. The Court also suggested that similar committees could be constituted at the district level. The application was disposed of with the above directions, and copies of the order were to be sent to all High Courts.

Issues considered

Whether the Supreme Court can direct the constitution of Grievance Redressal Committees for advocates at High Courts and lower courts.
Whether advocates are permitted to strike or abstain from court work.
What mechanism should be provided for ventilating genuine grievances of members of the Bar.

Subjects

Bar Council of IndiaGrievance Redressal Committeeadvocates' strikelegal professionjudicial administrationhigh courtprocedural changesmisbehaviour of judiciaryrepresentation

Judgment

508                      [2023]REPORTS
               SUPREME COURT    3 S.C.R. 508              [2023] 3 S.C.R.


A               DISTRICT BAR ASSOCIATION DEHRADUN
                                        v.
                        ISHWAR SHANDILYA & ORS.
                            (M.A. No. 859 of 2020)
B
                                       In
                           (SLP(C) No. 5440 of 2020)
                                APRIL 20, 2023

C        [M. R. SHAH AND AHSANUDDIN AMANULLAH, JJ.]
             Advocates/Bar Associations – Grievance Redressal Committees
      (GRC) – Constitution of – Held: No member of the Bar can go on
      strike and/or abstain himself from court working – If the member of
      the Bar has any genuine grievance or the difficulty being faced
D     because of the procedural changes in filing/listing of the matters
      and/or any genuine grievance pertaining to misbehave of any
      member of the lower judiciary they can very well make a
      representation and it is appropriate that their genuine grievances
      are considered by some forum so that such strikes can be avoided
      and members of the Bar who might have genuine grievances like
E     above may ventilate their grievances – Therefore, all the High Courts
      to constitute Grievance Redressal Committee in their respective High
      Courts which may be headed by the Chief Justice and such a
      grievance redressal committee be consisting of two other senior
      Judges, one each from service and one from the Bar to be nominated
F     by the Chief Justice as well as the Advocate General, Chairman of
      the Bar Council of the State and President of the High Court Bar
      Association – High Court may also consider to constitute the similar
      Grievance Redressal Committee at the District Court level –
      Application disposed of.

G          CIVIL APPELLATE JURISDICTION: M.A. No. 859 of 2020 in
      SLP (C) No. 5440 of 2020.
            From the Judgment and Order dated 28.02.2020 in SLP (C) No.
      5440 of 2020 of the Supreme Court of India.
            Ajai Kumar Bhatia, Adv. for the Petitioner.
H
                                       508
    DISTRICT BAR ASSOCIATION DEHRADUN v. ISHWAR                                509
                  SHANDILYA & ORS.

      Manan Kumar Mishra, Sr. Adv., Ms. Radhika Gautam, Ms. Anjul              A
Dwivedi, Byrapaneni Suyodhan, Ms. Tatini Basu, Kumar Shashank,
Sanjay Rastogi, Advs. for the Respondents.
      The Order of the Court was passed by
      M. R. SHAH, J.
                                                                               B
       1. Present application has been preferred by the Bar Council of
India for appropriate direction for constitution of Grievance Redressal
Committees (GRC) for redressal of grievances of Advocates/Bar
Associations at different levels as submitted in affidavit dated 15.09.2021
including directions to all the High Courts to constitute the suggested
“Grievance Redressal Committees” for the States as well as Districts           C
and Taluka courts within their respective territorial jurisdiction.
       2. Shri Manan Kumar Mishra, learned Senior Advocate and
Chairman of the Bar Council of India submitted that in order to check
and control the frequent strikes, boycotts, Bar Council of India has already
filed affidavit in M.A. No. 859/2020 arising out of SLP (C) No. 5440/          D
2020 on 15.09.2021. The Council has suggested various measures for
controlling the strike/abstention and has suggested the mechanism of
redressal of the grievances of Advocates/Bar Associations at all levels.
He has submitted that the Bar Council is of the firm view and opinion
that the illegal and unreasonable strikes and boycott are always bad and       E
the Bar Councils can never approve or encourage such practices. It is
submitted that however, in a meeting of Chairmen/Office Bearers of all
the State Bar Councils held, the Bar Council of India and all the
representatives of the lawyers were of the unanimous opinion that there
should be a grievance redressal mechanism available to Advocates at all
levels from the Talukas/Muffasils/District Courts, High Courts where           F
the members of the Bar could vent their grievances. It is submitted that
many a times, members of the Bar might have very genuine grievances
and due to non-resolving of such genuine grievance, the members of the
Bar go on strike. It is submitted that therefore, if the genuine grievance
of the members of the Bar like any dissatisfaction because of the              G
procedural changes in filing or listing of the matters in High Courts or
District Courts in the respective States or any grievance pertaining to
misbehave of any member of the lower judiciary or any other serious
grievance against judicial officers can be ventilated before the Grievance
Redressal Committees so that the members of the Bar who are also
                                                                               H
510                SUPREME COURT REPORTS                        [2023] 3 S.C.R.


A     part of the justice delivery system may feel that their genuine grievances
      are heard and ventilated by some forum.
             3. Having heard Shri Manan Kumar Mishra, learned Senior
      Advocate and Chairman of the Bar Council of India, we once again
      reiterate that no member of the Bar can go on strike and/or abstain
B     himself from court working. Time and again, this Court has emphasised
      and criticized the advocates going on strike and abstaining them from
      work. If the member of the Bar has any genuine grievance or the difficulty
      being faced because of the procedural changes in filing/listing of the
      matters and/or any genuine grievance pertaining to misbehave of any
      member of the lower judiciary they can very well make a representation
C     and it is appropriate that their genuine grievances are considered by
      some forum so that such strikes can be avoided and members of the Bar
      who might have genuine grievances like above may ventilate their
      grievances. Therefore, we request all the High Courts to constitute
      Grievance Redressal Committee in their respective High Courts which
D     may be headed by the Chief Justice and such a grievance redressal
      committee be consisting of two other senior Judges, one each from service
      and one from the Bar to be nominated by the Chief Justice as well as the
      Advocate General, Chairman of the Bar Council of the State and
      President of the High Court Bar Association. The High Court may also
      consider to constitute the similar Grievance Redressal Committee at the
E     District Court level. It is observed that the Grievance Redressal
      Committee may consider the genuine grievance related to the difference
      of opinion or dissatisfaction because of procedural changes in filing/
      listing of the matters of the respective High Courts or any District Courts
      in their respective States and any genuine grievance pertaining to
F     misbehave of any member of the lower judiciary, provided such grievance
      must be genuine and not to keep the pressure on any judicial officer. The
      present application stands disposed of in terms of the above. I.A. No.
      51257/2023 shall also stand disposed of.
             4. Registry is directed to send the copies of this order to Registrar
G     General of all the High Courts for further steps in terms of the present
      order.

      Ankit Gyan                                             Application disposed of.


H

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