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Legal Case Shots

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Legal Case Shots is a searchable database of Supreme Court of India judgments, each broken down into the case type, the court's key holding, and a practical lesson learnt, with the full judgment available as a PDF for citation or deeper reading.

Professional Conduct & EthicsSupreme Court of India

District Bar Association Dehradun vs. Ishwar Shandilya & Ors.

SLP(C) · 2023 INSC 405Decided 20 Apr 2023
SLP(C) No. 5440 of 2020
M.R. Shah · Ahsanuddin Amanullah

Background

This was an application by the Bar Council of India seeking directions for setting up "Grievance Redressal Committees" (GRCs) at every level of the court system (Taluka, District, and High Court) to handle genuine grievances of advocates and Bar Associations. The application arose out of the Bar Council's ongoing concern about frequent lawyers' strikes and boycotts of court work, and its view that such strikes are illegal and should never be supported, even though genuine grievances of advocates need some forum for redressal to prevent them turning into strikes.

Decision Breakdown

The Supreme Court reiterated its longstanding position that no advocate can go on strike or abstain from court work, regardless of the grievance. At the same time, recognising that genuine grievances (such as problems from procedural changes in filing/listing of cases, or misbehaviour by members of the lower judiciary) deserve a proper outlet, the Court directed all High Courts to constitute a Grievance Redressal Committee headed by the Chief Justice, along with two senior judges (one from service, one from the Bar), the Advocate General, the State Bar Council Chairman, and the High Court Bar Association President. High Courts were also asked to consider similar committees at the District Court level. The application was disposed of on these terms, with the Registry directed to circulate the order to all High Courts.

Lesson Learnt

The Supreme Court has firmly ruled that lawyers cannot go on strike or boycott courts under any circumstances, but it has simultaneously mandated a structured, hierarchy-based grievance redressal mechanism so that advocates with genuine complaints have a legitimate forum instead of resorting to strikes.

District Bar Association Dehradun vs. Ishwar Shandilya & Ors. – Legal Case Shots | LegalAware