Lawyers can’t strike, rules SC, orders to establish grievance redressal committees

New Delhi (India), April 20, 2023: In a significant ruling, the Supreme Court has pronounced that lawyers cannot go on strike or abstain from work.

The apex court has directed all high courts to establish a grievance redressal committee at the state level, which should be headed by the chief justice. This committee will provide a forum for advocates to make representations regarding the redressal of “genuine problems.”

A bench comprising Justices MR Shah and Ahsanuddin Amanullah observed that separate grievance redressal committees must also be constituted at the district court level to address the concerns of lawyers related to procedural changes in the filing or listing of cases or any misbehavior of a member of the lower judiciary.

The bench strongly reiterated that advocates going on strike or abstaining from work hampers judicial work, and this practice must be avoided at all costs. The court disposed of an application filed by the District Bar Association of Dehradun, seeking an appropriate forum for the redressal of their complaints.

The registry has been directed to send a copy of this order to the registrar general of all high courts so that appropriate steps may be taken in accordance with the order.

The court further stated that members of the bar may make a representation for the redressal of their genuine grievances by some forum so that such strikes can be avoided. This forum should be a place where members of the bar can vent their grievances.

The high courts have been requested to constitute a grievance redressal committee in their respective states, which should be headed by the chief justice and consist of two other senior judges, one each from the judicial services and one from the bar.

The committee should also include the advocate general of the state, the chairman of the bar council of the state, and the president of the high court bar association. The bench further stated that similar committees may also be constituted at the district court level.

The grievance redressal committee will consider genuine grievances related to differences of opinion or dissatisfaction due to procedural changes in the filing and listing of matters in respective high courts or district courts, as well as any genuine grievance about the misbehavior of any member of the lower judiciary.

However, such grievances must be genuine and not put pressure on any judicial officer, the bench concluded.