Supreme Court to examine rules drafted by BCI on issues related to lawyer strikes

New Delhi [India], January 24 : On Wednesday, the Supreme Court said that it will examine the rules drafted by the Bar Council of India (BCI) to address the issues related to strikes by lawyers.
A bench of justices Sudhanshu Dhulia and SVN Bhatti listed the matter for further hearing in February.
BCI had submitted a draft rule to address the issues related to strikes by lawyers. BCI Chairman Manan Kumar Mishra, a senior advocate, submitted before the court that the rules may be examined and if any suggestion comes from the court, the same shall be accepted without any condition.
"We will examine these rules. The rules therefore need to be examined in detail," the court said, listing the matter in February.
BCI Chairman Mishra also apprised the court that they have considered suggestions given by the petitioner's lawyer, Prashant Bhushan, while drafting the rules to address the issues related to strikes by lawyers.
The court was dealing with a contempt petition filed by the NGO Common Cause on the issue related to the lawyer strike. The petitioner sought action against lawyers who abstain from work and also urged the BCI to issue directions to incorporate appropriate rules, prohibiting strikes by advocates, in the 'Standards for Professional Conduct and Etiquette' framed under Section 49(1)(c) of the Advocates Act, 1961.
During the hearing, Prashant Bhushan suggested that if a requisition for a meeting to consider a strike is received, the committee members or a Bar Association or Bar Council should refuse to call a meeting for that purpose and if a strike call is given by any officeholder of the Bar Council or Bar Association, immediate disciplinary action should be initiated against him for professional misconduct by the concerned Bar Council.
Immediate action against professional misconduct should be initiated against such advocates who obstruct any advocates from appearing before any court, Bhushan recommended.
However, BCI Chairman Mishra urged for practicality, as they can't deny a lawyer for observing a strike protesting some incidents.
Justice Dhulia also recalled his initial days in Allahabad High Court and said that on the first day he entered Allahabad, there was a strike, but nothing happened. Justice Dhulia also said that things are better than in those periods.
Advocate Prashant Bhushan said that it is only because this court intervenes in this matter that it is slightly better off, but this problem will not go away unless there are very clear rules.
In the last hearing, the Bar Council of India sought to place on record the draft rules for consideration and submit them, saying that if this Court gives its impromptu, then the rules can be framed. The court had directed the respondents to hand over the draft copies to counsel for the petitioner so that the draft rules could be examined.