The Supreme Court Today (Oct 4) issued notice to the Bar Council of India (BCI) in the ongoing dispute over the official Rouse Avenue Court bar body, where the Central Delhi Court Bar Association has been recognised as the main association. Apex Court asked the BCI how the Bar Council of Delhi can enter into the aspect of deciding which is the main bar association body. The Court was hearing an appeal against a Delhi High Court decision that recognised the Central Delhi Court Bar Association as the main bar body for the Rouse Avenue District Court.
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NEW DELHI: The Supreme Court issued a notice to the Bar Council of India (BCI) in relation to the ongoing dispute over the official bar association for the Rouse Avenue Court in Delhi. The Central Delhi Court Bar Association has currently been recognized as the main association for the court, which has sparked contention among other competing bar associations.
A Bench comprising Justices Abhay S Oka and Augustine George Masih raised concerns regarding the involvement of the Bar Council of Delhi (BCD) in determining which bar association holds the primary status at the court.
“We are going to issue notice to the Bar Council of India to understand how the Bar Council (of Delhi) can interfere on the aspect of which is the bar association?”
-remarked Justice Oka.
He further noted,
“There is no urgency when two bar associations are fighting each other and banging their heads. We are on the larger issue that whether the State Bar Council can interfere on this aspect.”
The Court posted the matter for further hearing on November 18, while cautioning Senior Advocate Meenakshi Arora, who appeared on behalf of the BCD, that they were not passing any adverse orders at the moment.
However, Justice Oka suggested that in the event of continued conflict between the two bar associations, the Court might consider appointing senior members of the bar to act as administrators at the Rouse Avenue Court.
“We have not passed orders against you. When two bar associations are fighting, we are inclined to appoint senior members of the bar to act as administrator there,”
-the Court said, though no official order was issued to this effect.
Background: Dispute Over Recognition of Bar Association
The current dispute stems from an April 8 decision of the Delhi High Court, which had recognized the Central Delhi Court Bar Association as the main bar body for the Rouse Avenue District Court.
The High Court had dismissed the claims of the Rouse Avenue Bar Association, the Delhi Rouse Avenue Court Bar Association, and the Rouse Avenue District Court Bar Association, all of which sought recognition as the primary bar association for the court.
In its ruling, the Delhi High Court had favored the Central Delhi Court Bar Association due to its formal constitution by the Bar Council of Delhi. The Court also clarified that just because an association had been validly formed did not automatically mean it was entitled to recognition as a court-annexed association under the Advocates Welfare Fund Act or any other legal framework.
This ruling has since been appealed, leading to the current proceedings in the Supreme Court.
Supreme Court’s Focus: Role of the State Bar Council
The Supreme Court’s focus is now on determining whether the State Bar Council, in this case, the Bar Council of Delhi, has the authority to influence the recognition of bar associations at specific courts.
The Court is keen to explore whether the State Bar Council can legally interfere in such matters and will seek clarity from the BCI on this issue during future proceedings.
The dispute is scheduled for further examination on November 18, with the Supreme Court aiming to resolve not only the immediate conflict but also the broader question of the role of State Bar Councils in bar association recognition.
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