Lawyers Strikes: Rules On Disciplinary Action Against Protesting Lawyers To Be Finalized Within A Week

The Bar Council of India today informed the Supreme Court that the representatives of State Bar Councils from across the country conducted a meeting last week and the steps were taken to amend norms for disciplinary action against lawyers who go on strike.

On July 17, the Bench of Justices Dinesh Maheshwari and Sanjay Kumar took note of the submission and listed the case for further hearing.

The Court orally remarked during the hearing, “Very good. That is what we wanted to hear. If you are compelled to take coercive steps, you have to.”

Appearing before the top court, BCI Chairman Manan Kumar Mishra stated that the rules would be finalized within a week.

The development comes in a contempt petition filed by NGO Common Cause that seeks action against lawyers who boycott court’s work.

Previously, the Bench manifest its anguish with the BCI that’s not being able to finalize norms for the disciplinary action, suggesting that it would be left with no alternative but to directly impose punishments on lawyers guilty of boycotting court’s work.

In January, the apex court expressed its disappointment with the BCI for its delay in putting forth concrete steps to prevent lawyers’ strikes across the country.

Justice Maheshwari then remarked that, “We need specific, concrete preventive measures. This not a process that we will allow to happen at your own leisurely pace. 20 years later, are we here to still execute? More than 10 orders passed. What is left for the system? Parallel proceedings to always go on? There should be least amount of litigation it should require.”

In 2019, when the case was heard it was submitted that the BCI wasn’t enforcing its own resolutions in this regard, nor looking into the need for disciplinary action. The top court then directed the BCI to file a comprehensive affidavit showing the pendency of various disciplinary matters across the country, including those before State Bar Councils.

In December last year, the Court took a dim view of the BCI not being able to prevent lawyers from going on strikes.