Rules to Protect Advocates’ Privileges: Supreme Court Issues Notice on PIL; Tags with Suo Motu Case

The Supreme Court has issued notice on a writ petition filed under Article 32 seeking a direction to the Bar Council of India (BCI) to frame rules for the protection of advocates’ privileges and constitute a committee to address related grievances.

The Bench of Justice Vikram Nath and Justice Sandeep Mehta also directed that the matter be tagged with Suo Motu Writ (Criminal) No. 2 of 2025, which concerns the summoning of advocates for legal opinions or during criminal investigations.

"Issue notice. Tag with Suo Motu Writ (Criminal) No. 2 of 2025 in re: Summoning advocates who give legal opinion or represent parties during investigation of cases and related issues," the Bench said in its order dated July 16.

The PIL, filed by a practicing Advocate, Aaditya Gore, through AoR Ganu Suvarna Siddhanath calls upon the BCI to exercise its statutory powers under Section 7(d) and Section 10(3) of the Advocates Act, 1961. It urges the Council to create a transparent, uniform, and accessible mechanism to examine complaints of breach of privilege faced by advocates in the course of their professional duties.

The petitioner has been pursuing the Advocates (Protection) Bill since 2014 and claims the BCI had, in 2016, passed a resolution welcoming the proposed legislation. A recent representation was also submitted to the Council in March 2025 seeking immediate rule-making action under the existing framework of the Advocates Act.

Stressing the need for institutional safeguards, the petitioner argues that breaches of Advocates’ privileges have direct implications for the independence of the legal profession and the effective administration of justice.

Prayers

The Petitioner has sought the following prayers:

1. Direct the Respondents to take appropriate steps for laying down a uniform and comprehensive mechanism for addressing the grievances of Advocates regarding breach of their privileges and to constitute a committee under Section 10(3) of the Advocates Act, 1961 read-with other relevant provisions, for the purpose of safeguarding the privileges of Advocates;

2. Issue an appropriate writ/order/direction holding that it is a mandatory obligation of State Bar Councils to consider the grievances of Advocates regarding breach of their privileges through a uniform and transparent mechanism to be set up under the modalities of the Advocates Act, 1961;

3. Pending the formulation of appropriate rules by the Respondents, issue an appropriate writ/order/direction holding that the mechanism and modality of Disciplinary Complaints under Part VII of the Bar Council of India Rules shall apply mutatis mutandis to the complaints of breach of privileges of Advocates.

Case Title: Aaditya Gore v. Union of India

Click here to download judgment

Prayers

Tags

Articles