Bar Council Must Earn Respect of Its Members: SC Justice BV Nagarathna

Not A Good Sign When Bar Council Does Not Earn Respect Of Its Members: SC Justice Hon’ble Ms BV Nagarathna

Summary: Supreme Court Judge Hon’ble Ms Justice BV Nagarathna, while delivering the key address at the 13^th convocation of National Law University, Delhi on August 29, 2026, said that Bar Councils must introspect on their role in upholding professional ethics, morality and professional competence and that the Bar must speak in one voice as the justice system faces pendency and delay. The address was attended by Delhi High Court Chief Justice Hon’ble Mr Devendra Kumar Upadhyaya, Judges of the Delhi High Court and Vice-Chancellor Prof GS Bajpai. Her remarks came weeks after a controversy involving Bar Council of India Chairman Manan Kumar Mishra and the 2026 graduating batch of NALSAR, Hyderabad, concerning their objection to the invitation of CJI Hon’ble Mr Surya Kant for their convocation. She also spoke on the independence of the Bar, the legal profession as an office of trust, and lawyers’ responsibilities as Officers of the Court and Stewards of the Constitution. The supplied article then raises the issue of geographical distribution of High Courts, High Court Benches and Circuit Benches, particularly the absence of a Bench for West UP, referring to the Justice Jaswant Singh Commission recommendations, the position of different States and regions, the creation of the Kolhapur Bench, the recommendation concerning Mangaluru, the January 2024 recommendation by UP Chief Minister Yogi Adityanath and its withdrawal, and the Union Cabinet decision concerning a High Court Bench in Ladakh announced on August 20 and notified in the Gazette of India on August 27, 2026. The article ultimately urges greater attention to the creation of High Court Benches in West UP and other deserving States including Bihar, Orissa and Rajasthan.

Justice BV Nagarathna on Bar Councils, Professional Ethics and the Independence of the Bar

It is very rightly pointed out in the enlightening column titled “Not A Good Sign When Bar Council Does Not Earn Respect Of Its Members: SC Justice Hon’ble Ms Justice BV Nagarathna” by Hon’ble Ms Justice BV Nagarathna as I read in the “Bar and Bench” website authored by Debayan Roy in which the Supreme Court Judge said that the Bar must speak in one voice as the justice system grapples with pendency and delay. Absolutely right! A huge backlog of pending cases we see in different High Courts with Allahabad High Court being right at the top!

By all accounts, she also most commendably said that Bar Councils must introspect on their role in upholding professional ethics, morality and competence. She most sagaciously pointed out that, “The Bar Councils, whether the Central or the States, must introspect their role and importance in upholding professional ethics, morality and professional competence. When a Bar Council does not earn the respect of its members, it is not a good sign for the legal profession.” We need to note that Hon’ble Ms Justice Nagarathna made these observations while delivering a key address at the 13^th convocation of National Law University, Delhi on August 29, 2026. Also present in this solemn occasion were Delhi High Court Chief Justice Hon’ble Mr Devendra Kumar Upadhyaya who is Chancellor of the University, Judges of the Delhi High Court and Vice-Chancellor Prof GS Bajpai.

It has to be taken into account that her remarks come weeks after a controversy involving Bar Council of India (BCI) Chairman Manan Kumar Mishra who had directed State Bar Councils not to enroll the graduating 2026 batch of NALSAR, Hyderabad as advocates after they objected to the invitation of Chief Justice of India Hon’ble Mr Surya Kant for their own convocation. She added that, “The Bar in India must rise and speak in a singular voice as to how it could sustain the system of justice dispensation in India” pointing to pendency, delays, rising costs and uncertainty in the system. Absolutely right!

High Court Benches, West UP and Geographical Access to Justice

It is in this context that I would seek to point out here that how long will Supreme Court keep playing second fiddle in front of Centre and keep giving unfettered licence to most horrendously and most mercilessly discriminate and perpetrate most atrocious discrimination perpetrated in distribution of High Courts and High Court Benches and High Court Circuit Benches in different States and different regions? Not a single High Court Judge of Allahabad High Court or Patna High Court or Jodhpur High Court or Cuttack High Court or Ahmedabad High Court among others nor even any Judge of Supreme Court has ever dared to take suo motu cognizance of this most merciless butchering of equality as enshrined in Article 14 of Constitution! Biggest insane person on earth in his/her right senses will definitely never endorse what Congress and BJP have done who have ruled in Centre that just one High Court Bench for most populated State of India with maximum number of pending cases and that too so close to Allahabad High Court at Lucknow way back in July 1948 and deprived West UP from having not even a single High Court Bench not even a single High Court Circuit Bench which owes for majority of pending cases of Allahabad High Court which is all on record and has more than 10 crore people and 30 districts and so also attached litigants of 30 districts of West UP and hilly areas of undivided UP with not even Lucknow but right uptill Allahabad which culminated in partition of Uttar Pradesh 26 years ago in which so many people sacrificed their lives and yet Supreme Court never dared to take suo motu cognizance of non-implementation of Justice Jaswant Singh Commission recommendations headed by former Supreme Court Judge appointed by Centre itself which recommended two High Court Circuit Benches in Dehradun and Nainital and a permanent seat of High Court Bench in West UP yet not even one created anywhere which is a national disgrace and Maharashtra which already had multiple High Court Benches at Nagpur and Panaji one more created at Aurangabad as recommended within a very short span of time in mid 1980s itself for just 7 districts then and now one more fifth High Court Bench approved for just 6 districts at Kolhapur which started functioning from August 18, 2025 without any recommendations but in UP not a single Bench created in last 78 years and so also lawless Bihar has none and Rajasthan only one and Orissa and Gujarat none and Centre has equipped only five elite States – Maharashtra, Karnataka, West Bengal, Assam and Madhya Pradesh with multiple High Court Benches most astoundingly leaving big States like UP, Rajasthan, lawless Bihar out from the elite club! Why no Judge of Supreme Court ever dares to speak on it? Most chillingly, even the Supreme Court never dared to take suo motu cognizance of it and press which is considered the fourth pillar of Indian democracy also maintains a conspicuous deafening silence on it and hardly ever accords any prime coverage to it!

To say the very least, the denial of even a single High Court Bench to West UP on most flimsy grounds is patently ludicrous! When Centre can create in one go two High Court Benches for Karnataka which is home State of Hon’ble Ms Justice BV Nagarathna who is one of the most fearless Judges and who is tipped to be the first woman Chief Justice in 2027 with just 6 crore people at Dharwad and Gulbarga for just 4 and 8 districts in 2008 first as Circuit Benches and then made permanent in 2013 then why for West UP with more than 10 crore people and 30 districts we see that it has not even a single High Court Bench nor even a Circuit Bench, to say the very least? This most brutal, brazen, blatant and baseless discrimination must end right now!

Now Karnataka State Government has recommended one more for creation of Circuit Bench in Mangaluru for just 3 districts but for 30 districts of West UP we saw that UP CM Yogi Adityanath recommended to Allahabad High Court for creation of a High Court Bench in West UP in January 2024 only to withdraw the recommendation the very next day! It is nothing but sheer lack of political will that West UP has been most mercilessly deprived from having even a single Bench not even a Circuit Bench! When more than Rs 42000 crore can be spent straightaway for linking Allahabad to Meerut by Ganga Super Expressway and still litigants will have to shell huge money in many toll booths on way then why the hell can’t a very small amount be spared for creating a High Court Bench in West UP? How can Hon’ble Ms Justice BV Nagarathna still maintain a deafening silence on this just like Hon’ble Mr Justice JB Pardiwala and CJI Hon’ble Mr Surya Kant who in fact himself has conceded that the demand for a High Court Bench in West UP is most compelling but when will it be addressed? She must speak on this also!

We saw how just recently, Centre has decided to create a High Court Bench in Ladakh with Union Cabinet approval and Union Home Minister Amit Shah announced this on August 20 and notified in the gazette of India on August 27, 2026 which will definitely provide great relief to litigants of Ladakh for which Centre has to be applauded but how long will litigants of West UP be made to suffer silently for just no fault of theirs?

If one look at the whole picture, we see that it reflects a far deeper malaise which now no more can be hidden from public gaze any longer. How long will Centre keep downplaying and stonewalling the most legitimate and compelling demand for a High Court Bench in West UP and so also in Orissa and Bihar and some other States? This is clearly a stark reminder of how much Centre discriminates most ruthlessly yet is never held accountable even by top court! Why Apex Court never takes Centre to task for it?

Independence of the Bar and Its Constitutional Role

Coming back to the core issue, on the independence of the Bar, Hon’ble Ms Justice BV Nagarathna explicitly said that, “The independence of the Bar is not an entitlement given to lawyers for their own benefit. It exists because a constitutional democracy requires a body of professionals who can advise, argue, challenge and represent without having to ask the permission of the State, the market, or even their own clients before doing so.” No denying! She also rightly and commendably cautioned that any lapse or errors of the Bar will have a deep impact on our political and civic life and urged lawyers to change their mindset and endure to work for their clients as a public service, lest they lose their relevance in the future to come.

Legal Profession as an Office of Trust

It must be brought out here that on the legal profession more broadly, she waxed eloquent to observe candidly that, “A profession is not an occupation or a trade but an office of trust and cannot be reduced to a person who sells legal knowledge by the hour.” She then closed her scintillating address by telling the graduating batch most commendably that they leave the institution as “Officers of the Court and Stewards of the Constitution”. What she has said will definitely act as biggest motivators to all graduating batch for which she deserves to be most strongly applauded!

Call for High Court Benches in West UP and Other States

All said and done, one still fervently hope that before demitting office she will address this most long lingering issue of creation of a High Court Bench in West UP where it is actually needed most as I have myself observed and yet has been most mercilessly and most unjustifiably denied the same on one pretext or the other which I find truly incomprehensible and most astounding indeed! Similarly in deserving states like Bihar and Orissa and Rajasthan more High Court Benches need to be created! They definitely cannot be afforded to be put in the backburner any longer now!