The Supreme Court has taken a strong stance against advocates' strikes, pushing for action to address the issue. The Court, in response to a contempt petition filed by Common Cause, has directed the Bar Council of India (BCI) to submit an affidavit detailing instances of strikes called by State Bar Associations over the past year and the corresponding actions taken. The BCI has been given a two-week deadline to comply.

The Court had previously criticized the BCI for its lack of concrete plans to prevent strikes and ensure disciplinary control within the legal profession. In an effort to address these concerns, the BCI assured the Court that steps were being taken to amend rules and regulations. However, during the recent hearing, Advocate Prashant Bhushan, representing Common Cause, expressed disappointment with the newly framed rules, stating that they were "absolutely useless."

Justice SK Kaul, part of the Bench hearing the case, emphasized the need to prevent disruptions to the functioning of the courts. Referring to a violent strike by advocates in Odisha last year, he reiterated the Court's expectation that the BCI should take decisive action, such as suspending licenses, in such cases. Justice Kaul highlighted that while lawyers have the right to protest, stalling court proceedings is unacceptable. He noted the difficulty courts face in accommodating such disruptions due to the volume of cases.

To address grievances without resorting to boycotts, the Supreme Court had previously directed High Courts to establish grievance committees for lawyers. This move aimed to provide a platform for lawyers to voice their concerns effectively.

The Supreme Court's proactive approach in curbing strikes and ensuring the smooth functioning of the judiciary highlights the significance of maintaining an efficient and undisturbed legal system. By urging the BCI to take action and proposing alternative channels for addressing concerns, the Court seeks to strike a balance between lawyers' rights and the need for an effective justice delivery system.

Case Title: Common Cause v. Abhijat And Or. Conmt Petition(C) No. 550/2015 in WP(C) No. 821/1990