The Supreme Court of India, in suo motu proceedings titled Re: Strengthening and Enhancing the Institutional Strength of Bar Associations, directed stakeholders to submit agreed terms of reference, with Justices Dipankar Datta and Satish Chandra Sharma seeking structured reforms for bar governance.
NEW DELHI: The Supreme Court of India instructed stakeholders to submit agreed terms of reference in the suo motu proceedings titled Re: Strengthening and Enhancing the Institutional Strength of Bar Associations. This marks a significant step in the Court’s initiative to tackle systemic issues within bar associations across the country.
The bench, comprising Justice Dipankar Datta and Justice Satish Chandra Sharma, issued the order following discussions with senior counsel, representatives of bar associations, and the amicus curiae.The Court noted that, despite several considerations since July 16, 2024, formal terms of reference for authoritative determination have yet to be established.
ALSO READ: Supreme Court Initiates Steps to Strengthen and Streamline Bar Association Across India
These proceedings originated from a dispute regarding membership in the Madras Bar Association, which the Madras High Court had previously addressed. On July 16, 2024, a coordinating bench of the Supreme Court broadened the case’s scope beyond this individual dispute, re-captioning it as Re: Strengthening and Enhancing the Institutional Strength of Bar Associations. This adjustment allowed for an examination of the structural and governance challenges facing bar associations across India.
The 2024 order mandated the inclusion of the Bar Council of India, the Supreme Court Bar Association, the Supreme Court Advocates-on-Record Association, Bar Councils from all States through their Chairpersons, and High Court Bar Associations represented by their counsel.
It also clarified that in instances where multiple bar associations exist within a High Court, notices should be issued to their respective Presidents via the Registrars General.
During the latest hearing, the bench considered submissions from Senior Advocate K. Parameshwar, the appointed amicus curiae, as well as Advocate Vipin Nair, designated as nodal counsel. Additional arguments were presented by Senior Advocate A. Sirajudeen for the original petitioners Elephant G. Rajendran and A. Mohandoss, Nikhil Jain for SCAORA, Senior Advocate Anand Sanjay M. Nuli for SCBA, Radhika Gautam for the Bar Council of India, and representatives from various district and regional bar associations, including the All District Bar Association, Haryana, and the Advocates’ Association of Western India.
The Court requested all counsel present to submit the agreed terms of reference within four weeks. Additionally, it directed the nodal counsel to circulate the proposed terms to the Registrars General of all High Courts. The Registrars General are to forward these proposals to the Bar Associations of District and Sub-Divisional Courts in their jurisdictions.
Those associations have been granted the opportunity to send their suggestions or proposed terms to an email address provided by the Court. The matter is scheduled to be re-listed in eight weeks, at which point the Court will review the suggested terms of reference and determine the next steps in the proceedings.
Case Title: In Re: Strengthening and Enhancing the Institutional Strength of Bar Associations v. The Registrar General & Ors.
Read Attachment: