Nationwide Bar Reforms: Supreme Court Tightens Focus, Orders Consensus Draft

The bench of Justice Dipankar Datta and Justice Satish Chandra Sharma passed the order after hearing senior counsel, representatives of bar associations and the amicus curiae.

The Court observed that although the matter has been considered on several occasions since July 16, 2024, formal terms of reference for an authoritative determination are yet to be framed.

The proceedings trace their origin to a dispute over membership to the Madras Bar Association, which was adjudicated by the Madras High Court.

On July 16, 2024, a coordinate bench of the apex court expanded the scope of the case beyond the individual dispute and ordered that it be re-captioned as Re: Strengthening and Enhancing the Institutional Strength of Bar Associations. The move widened the ambit of the matter to examine structural and governance issues affecting bar associations across India.

The 2024 order directed impleadment of the Bar Council of India, the Supreme Court Bar Association, the Supreme Court Advocates-on-Record Association, Bar Councils of all States through their Chairpersons, and High Court Bar Associations through their respective counsel. It also clarified that where multiple bar associations exist in a High Court, notice must be served on their respective Presidents through the Registrars General.

During the latest hearing, the bench heard submissions from Senior Advocate K. Parameshwar, appointed amicus curiae, and Advocate Vipin Nair, who has been designated as nodal counsel. Arguments were also advanced 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 counsel representing various district and regional bar associations, including the All District Bar Association, Haryana and the Advocates’ Association of Western India.

The Court requested all appearing counsel to place agreed terms of reference within four weeks.

It further directed the nodal counsel to circulate the proposed terms to the Registrars General of all High Courts. The Registrars General have been asked to forward them to Bar Associations of District and Sub-Divisional Courts within their respective jurisdictions.

District and Sub-Divisional Court Bar Associations have been granted liberty to send their suggestions or proposed terms to the designated email address communicated by the Court.

The matter has been directed to be re-listed after eight weeks, when the Court will consider the suggested terms of reference and decide the future course of the proceedings.